Notes on 10 U.S.C. § 2391 : US Code - Notes

Search Notes on 10 U.S.C. § 2391 : US Code - Notes

(Added Pub. L. 97-86, title IX, Sec. 912(a)(1), Dec. 1, 1981, 95
Stat. 1122; amended Pub. L. 98-115, title VIII, Sec. 808, Oct. 11,
1983, 97 Stat. 789; Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987,
101 Stat. 284; Pub. L. 100-456, div. B, title XXVIII, Sec. 2805,
Sept. 29, 1988, 102 Stat. 2116; Pub. L. 101-510, div. D, title XLI,
Sec. 4102(b), Nov. 5, 1990, 104 Stat. 1851; Pub. L. 102-25, title
VII, Sec. 701(j)(3), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102-484,
div. A, title X, Sec. 1052(28), div. D, title XLIII, Sec. 4301(a)-
(c), Oct. 23, 1992, 106 Stat. 2500, 2696, 2697; Pub. L. 103-35,
title II, Sec. 202(a)(15), May 31, 1993, 107 Stat. 101; Pub. L. 103-
160, div. B, title XXIX, Sec. 2913, Nov. 30, 1993, 107 Stat. 1925;
Pub. L. 103-337, div. A, title XI, Secs. 1122(a), 1123(a), (b),
Oct. 5, 1994, 108 Stat. 2870, 2871; Pub. L. 104-106, div. A, title
XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 104-201,
div. B, title XXVIII, Sec. 2814, Sept. 23, 1996, 110 Stat. 2790;
Pub. L. 105-85, div. B, title XXVIII, Sec. 2822, Nov. 18, 1997, 111
Stat. 1997; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5,
1999, 113 Stat. 774; Pub. L. 107-314, div. A, title X, Sec.
1041(a)(13), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 109-163, div. B,
title XXVIII, Sec. 2832, Jan. 6, 2006, 119 Stat. 3520; Pub. L. 109-
364, div. B, title XXVIII, Secs. 2861, 2862, Oct. 17, 2006, 120
Stat. 2498.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.
Executive Order 12788, referred to in subsec. (c), is set out
below.
AMENDMENTS
2006 - Subsec. (b)(3). Pub. L. 109-163, Sec. 2832(a), substituted
"realignment of a military installation" for "significantly reduced
operations of a defense facility", "closure or realignment,
cancellation or" for "cancellation,", and "community or its
residents." for "community and will result in the loss of -
"(A) 2,500 or more employee positions, in the case of a
Metropolitan Statistical Area or similar area (as defined by the
Director of the Office of Management and Budget);
"(B) 1,000 or more employee positions, in the case of a labor
market area outside of a Metropolitan Statistical Area; or
"(C) one percent of the total number of civilian jobs in that
area."
Subsec. (c). Pub. L. 109-364, Sec. 2861, added subsec. (c).
Subsec. (d)(1). Pub. L. 109-364, Sec. 2862, inserted at end "For
purposes of subsection (b)(1)(D), the term 'military installation'
includes a military facility owned and operated by any of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, or the Virgin Islands, even
though the facility is not under the jurisdiction of the Department
of Defense, if the Secretary of Defense determines that the
military facility is subject to significant use for training by the
armed forces."
Pub. L. 109-163, Sec. 2832(b), amended par. (1) generally. Prior
to amendment, par. (1) read as follows: "The term 'military
installation' means any camp, post, station, base, yard, or other
installation under the jurisdiction of a military department that
is located within any of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, or Guam."
2002 - Subsec. (c). Pub. L. 107-314 struck out heading and text
of subsec. (c). Text read as follows: "The Secretary of Defense
shall submit a report not later than December 1 of each year to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives concerning the
operation of this section during the preceding fiscal year. Each
such report shall identify each State, unit of local government,
and regional organization that received a grant under this section
during such fiscal year and the total amount granted under this
section during such year to each such State, unit of local
government, and regional organization."
1999 - Subsec. (c). Pub. L. 106-65 substituted "and the Committee
on Armed Services" for "and the Committee on National Security".
1997 - Subsec. (b)(5)(C). Pub. L. 105-85 added subpar. (C).
1996 - Subsec. (b)(5). Pub. L. 104-201 designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (c). Pub. L. 104-106 substituted "Committee on Armed
Services of the Senate and the Committee on National Security of
the House of Representatives" for "Committees on Armed Services of
the Senate and House of Representatives".
1994 - Subsec. (b)(5) to (7). Pub. L. 103-337, Sec. 1123(a),
added par. (5) and redesignated former pars. (5) and (6) as (6) and
(7), respectively. Former par. (7) redesignated (8).
Subsec. (b)(8). Pub. L. 103-337, Sec. 1123(a)(1), (b),
redesignated par. (7) as (8) and substituted "paragraph (7)" for
"paragraph (6)" in subpars. (A) and (B).
Subsec. (d)(3). Pub. L. 103-337, Sec. 1122(a), added par. (3).
1993 - Subsec. (b)(1). Pub. L. 103-35 made technical amendment to
directory language of Pub. L. 102-484, Sec. 4301(b)(1)(C). See 1992
Amendment note below.
Subsec. (b)(6), (7). Pub. L. 103-160 added pars. (6) and (7).
1992 - Subsec. (a). Pub. L. 102-484, Sec. 4301(c)(1), inserted
heading.
Subsec. (b). Pub. L. 102-484, Sec. 4301(c)(2), inserted heading.
Subsec. (b)(1). Pub. L. 102-484, Sec. 4301(b)(1), as amended by
Pub. L. 103-35, substituted ", (D)" for ", or (D)", substituted
"(C), or (E)" for "or (C)", and inserted cl. (E) before first
reference to "if the Secretary".
Pub. L. 102-484, Sec. 1052(28), substituted "publicly announced"
for "publicly-announced".
Subsec. (b)(3). Pub. L. 102-484, Sec. 4301(b)(2), inserted "the
closure or significantly reduced operations of a defense facility,"
after "Defense spending," in introductory provisions.
Subsec. (b)(4), (5). Pub. L. 102-484, Sec. 4301(a)(1), (2), added
par. (4) and redesignated former par. (4) as (5).
Subsec. (c). Pub. L. 102-484, Sec. 4301(c)(3), inserted heading.
Subsec. (d). Pub. L. 102-484, Sec. 4301(b)(3), amended subsec.
(d) generally. Prior to amendment, subsec. (d) read as follows: "In
this section, the term 'military installation' means any camp,
post, station, base, yard, or other installation under the
jurisdiction of a military department that is located within any of
the several States, the District of Columbia, the Commonwealth of
Puerto Rico, or Guam."
Subsec. (e). Pub. L. 102-484, Sec. 4301(c)(4), inserted heading.
1991 - Subsec. (b)(3). Pub. L. 102-25 substituted "publicly
announced" for "publicly-announced" and inserted a comma after
"only if the reduction".
1990 - Subsec. (b)(3) to (6). Pub. L. 101-510 added par. (3),
redesignated par. (5) as (4), and struck out former pars. (3), (4),
and (6), which read as follows:
"(3) In the case of the cancellation or termination of a
Department of Defense contract or the failure to proceed with an
approved major weapon system program, assistance may be made under
paragraph (1) only if the cancellation, termination, or failure to
proceed involves the loss of 2,500 or more full-time Department of
Defense and contractor employee positions in the locality of the
affected community.
"(4) In the case of a publicly-announced planned major reduction
in Department of Defense spending that will directly and adversely
affect a community, assistance may be made under paragraph (1) only
if the publicly-announced planned major reduction will result in
the loss of 1,000 or more full-time Department of Defense and
contractor employee positions over a five-year period in the
locality of the affected community.
"(6) Not more than $2,000,000 in assistance may be provided under
this subsection in any fiscal year."
1988 - Subsec. (b)(1). Pub. L. 100-456, Sec. 2805(a), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
"The Secretary of Defense may make grants, conclude cooperative
agreements, and supplement funds made available under Federal
programs administered by agencies other than the Department of
Defense in order to assist State and local governments, and
regional organizations composed of State and local governments, in
planning community adjustments required (A) by the proposed or
actual establishment, realignment, or closure of a military
installation, or (B) by the cancellation or termination of a
Department of Defense contract or the failure to proceed with an
approved major weapon system program, if the Secretary of Defense
determines that the action is likely to impose a significant impact
on the affected community."
Subsec. (b)(4) to (6). Pub. L. 100-456, Sec. 2805(b), added par.
(4) and redesignated former pars. (4) and (5) as (5) and (6),
respectively.
1987 - Subsec. (d). Pub. L. 100-26 inserted "the term" after "In
this section,".
1983 - Subsec. (b)(2). Pub. L. 98-115 substituted "2,000" for
"2,500".
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-35 applicable as if included in the
enactment of Pub. L. 102-484, see section 202(b) of Pub. L. 103-35,
set out as a note under section 155 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 2702 of title XXVII of div. B of Pub. L. 100-456 provided
that: "Except as otherwise specifically provided, this division
[amending this section and sections 2662, 2672, 2809, and 2828 of
this title and enacting provisions set out as a note under this
section] shall take effect on October 1, 1988, or the date of
enactment of this Act [Sept. 29, 1988], whichever is later."
EFFECTIVE DATE OF 1983 AMENDMENT
Section 808 of Pub. L. 98-115 provided that the amendment made by
that section is effective Oct. 1, 1983.
ADVANCE ADJUSTMENT PLANNING
Section 4301(d) of Pub. L. 102-484 authorized Secretary of
Defense, during fiscal year 1993, to make grants and other
assistance available under 10 U.S.C. 2391(b) to assist a State or
local government in planning community adjustments and economic
diversification even though the State or local government currently
failed to meet the criteria for assistance under such section if
the Secretary determined that a substantial portion of the economic
activity or population of the geographic area to be subjected to
the adjustment or diversification planning was dependent on
Department of Defense expenditures.
EFFECT OF 1992 AMENDMENTS ON EFFORTS OF ECONOMIC DEVELOPMENT
ADMINISTRATION
Section 4301(f) of Pub. L. 102-484 provided that: "Nothing in
this section [amending this section and enacting provisions set out
as a note above] is intended to replace the efforts of the economic
development program administered by the Economic Development
Administration of the Department of Commerce."
PILOT PROJECT TO IMPROVE ECONOMIC ADJUSTMENT PLANNING
Section 4302 of Pub. L. 102-484, as amended by Pub. L. 103-160,
div. A, title XIII, Sec. 1323(a), Nov. 30, 1993, 107 Stat. 1790,
authorized Secretary of Defense, during fiscal years 1993 and 1994,
to conduct a pilot project to examine methods to improve the
provision of economic adjustment and diversification assistance
under 10 U.S.C. 2391(b)(1) to State and local governments adversely
affected by the closure of military installations, the cancellation
or completion of defense contracts, or reductions in defense
spending.
DONATION OF REAL PROPERTY TO NONPROFIT ENTITIES PROVIDING SUPPORT
TO CHILDREN WITH LIFE-THREATENING DISEASES
Pub. L. 102-172, title VIII, Sec. 8149, Nov. 26, 1991, 105 Stat.
1214, provided that:
"(a) The Secretary of Defense, during the current fiscal year or
at any time thereafter, may make a donation to an entity described
in subsection (b) of a parcel of real property (including
structures on such property) under the jurisdiction of the
Secretary that is not currently required for the needs of the
Department and that the Secretary determines is needed and
appropriate for the activities of that entity.
"(b) A donation under subsection (a) may be made to a nonprofit
entity which provides medical, educational, and emotional support
in a recreational setting to children with life-threatening
diseases and their families."
DEFENSE ECONOMIC ADJUSTMENT, DIVERSIFICATION, CONVERSION, AND
STABILIZATION
Pub. L. 101-510, div. D, Nov. 5, 1990, 104 Stat. 1848, as amended
by Pub. L. 102-190, div. A, title X, Sec. 1062(c), Dec. 5, 1991,
105 Stat. 1475; Pub. L. 102-484, div. D, title XLII, Sec. 4212(b),
Oct. 23, 1992, 106 Stat. 2664; Pub. L. 104-201, div. A, title VIII,
Sec. 825, Sept. 23, 1996, 110 Stat. 2611; Pub. L. 105-277, div. A,
Sec. 101(f) [title VIII, Sec. 405(d)(6)], Oct. 21, 1998, 112 Stat.
2681-337, 2681-419; Pub. L. 108-136, div. A, title IX, Sec. 932,
Nov. 24, 2003, 117 Stat. 1581, provided that:
"SEC. 4001. SHORT TITLE
"This division may be cited as the 'Defense Economic Adjustment,
Diversification, Conversion, and Stabilization Act of 1990'.
"SEC. 4002. FINDINGS AND POLICY
"(a) Findings. - Congress makes the following findings:
"(1) There are likely to be significant reductions in the
programs, projects, and activities of the Department of Defense
during the first several fiscal years following fiscal year 1990.
"(2) Such reductions will adversely affect the economies of
many communities in the United States and small businesses and
civilian workers throughout the United States.
"(b) Policy. - In view of the findings expressed in subsection
(a), it is the policy of the United States that -
"(1) assistance be provided under existing planning assistance
programs and economic adjustment assistance programs of the
Federal Government to substantially and seriously affected
communities, businesses, and workers to the extent necessary to
facilitate an orderly transition for such communities, small
businesses, and workers from economic reliance on Department of
Defense spending to economic reliance on other sources of
business, employment, and revenue; and
"(2) funding for such programs be increased by amounts
necessary to meet the needs of such communities, small
businesses, and workers without reducing the funding that would
otherwise be available under those programs by reason of causes
unrelated to the reductions referred to in subsection (a)(1).
"SEC. 4003. DEFINITIONS
"For purposes of this division:
"(1) The term 'major defense contract or subcontract' means -
"(A) any defense contract in an amount not less than
$5,000,000 (without regard to the date on which the contract
was awarded); and
"(B) any subcontract which -
"(i) is entered into in connection with a contract (without
regard to the effective date of the subcontract); and
"(ii) involves not less than $500,000.
"(2) The term 'Economic Adjustment Committee' or 'Committee'
means the Economic Adjustment Committee established in Executive
Order 12049 (10 U.S.C. 111 note).
"(3) The term 'defense facility' means any private or
government facility producing goods or services pursuant to a
defense contract.
"(4) The term 'military installation' means a base, camp, post,
station, yard, center, or homeport facility for any ship in the
United States, or any other facility under the jurisdiction of a
military department located in the United States.
"(5) The term 'substantially and seriously affected' means -
"(A) when such term is used in conjunction with the term
'community', a community -
"(i) which has within its administrative and political
jurisdiction one or more military installations or defense
facilities or which is economically affected by proximity to
a military installation or defense facility;
"(ii) in which the actual or threatened curtailment,
completion, elimination, or realignment of a defense contract
results in a workforce reduction of -
"(I) 2,500 or more employee positions, in the case of a
Metropolitan Statistical Area or similar area (as defined by
the Director of the Office of Management and Budget);
"(II) 1,000 or more employee positions, in the case of a labor
market area outside of a Metropolitan Statistical Area; or
"(III) one percent of the total number of civilian jobs in
that area; and
"(iii) which establishes, by evidence, that any workforce
reduction referred to in clause (ii) occurred as a direct
result of changes in Department of Defense requirements or
programs;
"(B) when such term is used in conjunction with the term
'businesses' any business which -
"(i) holds a major defense contract or subcontract (or held
such contract or subcontract before a reduction in the
defense budget);
"(ii) experiences a reduction, or the threat of a
reduction, of -
"(I) 25 percent or more in sales or production; or
"(II) 80 percent or more of the workforce of such business in
any division of such business or at any plant or other
facility of such business; and
"(iii) establishes, by evidence, that the reductions
referred to in clause (ii) occurred as a direct result of a
reduction in the defense budget; and
"(C) when such term is used in conjunction with the term
'group of workers', any group of 100 or more workers at a
defense facility who are (or who are threatened to be),
eligible to participate in the defense conversion adjustment
program under section 325 of the Job Training Partnership Act
[29 U.S.C. 1662d] (as added by section 4202 of this division),
as in effect on the day before the date of enactment of the
Workforce Investment Act of 1998 [Aug. 7, 1998].
"SEC. 4004. CONTINUATION OF ECONOMIC ADJUSTMENT COMMITTEE
"(a) Termination or Alteration Prohibited. - The Economic
Adjustment Committee established in Executive Order 12049 (10
U.S.C. 111 note) may not be terminated and the duties of the
Committee may not be significantly altered unless specifically
authorized by a law.
"(b) Chairman. - The Secretary of Defense shall be the chairman
of the Committee.
"(c) Executive Council. - Until October 1, 1997, the National
Defense Technology and Industrial Base Council shall function as an
Executive Council of the Committee. Under the direction of the
chairman of the Committee, the Executive Council shall develop
policies and procedures to ensure that communities, businesses, and
workers substantially and seriously affected by reductions in
defense expenditures are advised of the assistance available to
such communities, businesses, and workers under programs
administered by the departments and agency comprising the Council.
"(d) Duties of Committee. - The Economic Adjustment Committee
shall -
"(1) coordinate and facilitate cooperative efforts among
Federal agencies represented on the Committee to implement
defense economic adjustment programs;
"(2) serve as an information clearinghouse for and between
Federal, State, and local entities regarding their defense
economic adjustment efforts; and
"(3) submit to the President and Congress, not later than
December 1, 1991, and each December 1 thereafter, a report that -

"(A) describes Federal economic adjustment programs available
to communities, businesses, and groups of workers;
"(B) describes the implementation of defense economic
adjustment assistance during the preceding fiscal year; and
"(C) specifies the number of communities, businesses, and
workers affected by defense budget reductions during the
preceding fiscal year and such number assisted by Federal
economic adjustment programs during that fiscal year.
"TITLE XLI - ECONOMIC ADJUSTMENT PLANNING
"[SEC. 4101. Repealed. Pub. L. 104-201, div. A, title VIII, Sec.
825, Sept. 23, 1996, 110 Stat. 2611.]
"SEC. 4102. ECONOMIC ADJUSTMENT PLANNING ASSISTANCE THROUGH THE
DEPARTMENT OF DEFENSE
"(a) In General. - Any substantially and seriously affected
community shall be eligible for economic adjustment planning
assistance through the Office of Economic Adjustment in the
Department of Defense under subsection (b) of section 2391 of title
10, United States Code, subject to subsection (e) of such section.
Such assistance shall be provided in accordance with the standards,
procedures, and priorities established by the Committee under this
division.
"(b) [Amended section 2391(b) of this title.]
"SEC. 4103. COMMUNITY ECONOMIC ADJUSTMENT ASSISTANCE THROUGH THE
ECONOMIC DEVELOPMENT ADMINISTRATION
"(a) In General. - A community that has been determined by the
Economic Development Administration of the Department of Commerce
or the Office of Economic Adjustment of the Department of Defense,
in accordance with the standards and procedures established by the
Economic Adjustment Committee, to be a substantially and seriously
affected community shall be eligible for economic adjustment
assistance authorized under title IX of the Public Works and
Economic Development Act of 1965 [42 U.S.C. 3241 et seq.], subject
to the availability of appropriations for such purpose and subject
to meeting the eligibility requirements of such title.
"(b) Authorization of Appropriations. - There are authorized to
be appropriated to the Secretary of Defense for fiscal year 1991
$50,000,000 for purposes of carrying out subsection (a). Any amount
appropriated pursuant to this subsection shall remain available
until expended.
"TITLE XLII - ADJUSTMENT ASSISTANCE FOR EMPLOYEES
"[SEC. 4201. Repealed. Pub. L. 104-201, div. A, title VIII, Sec.
825, Sept. 23, 1996, 110 Stat. 2611.]
"SEC. 4202. DEFENSE CONVERSION ADJUSTMENT PROGRAM
"[Enacted section 1662d of Title 29, Labor.]
"SEC. 4203. AUTHORIZATION OF APPROPRIATIONS
"(a) Authorization. - There are authorized to be appropriated to
the Secretary of Defense $150,000,000 for fiscal year 1991 to carry
out section 4201 and the amendment made by section 4202. Amounts
appropriated pursuant to this subsection shall remain available
until expended.
"(b) Administrative Expenses. - Of amounts appropriated pursuant
to this section, not more than five percent may be retained by the
Secretary of Labor for the administration of the activities
authorized by the amendment made by section 4202.
"TITLE XLIII - EXPANSION OF BUSINESS CAPITAL ASSISTANCE PROGRAMS
"SEC. 4301. EXPANSION OF SMALL BUSINESS LOAN PROGRAM
"Not later than 180 days after the date of the enactment of this
Act [Nov. 5, 1990], the President, acting with the assistance of
the Committee and after consulting experts in government and the
private sector, shall transmit to the Congress recommendations
regarding ways that assistance provided pursuant to the business
loan program under section 7(a) of the Small Business Act of 1958
[15 U.S.C. 636(a)] may be used to respond to the consequences of
defense budget reductions.
"SEC. 4302. ECONOMIC PLANNING ASSISTANCE FOR EXCEPTIONAL PROJECTS
"(a) Assistance Authorized. - The Economic Development
Administration, in the case of assistance under title IX of the
Public Works and Economic Development Act of 1965 [42 U.S.C. 3241
et seq.], and the Office of Economic Adjustment, in the case of
planning assistance under section 2391(b) of title 10, United
States Code, may award planning assistance under those programs to
any substantially and seriously affected community, on behalf of a
business, group of businesses, or group of workers, if such
planning funds are determined by the agency concerned to be
necessary and appropriate as a catalyst for projects which the
agency determines, on a case-by-case basis, have exceptional
promise for achieving the objectives of this division.
"(b) Conditions on Assistance. - Awards under this section shall
be subject to the availability of appropriations for such purpose
and shall be made in accordance with any other applicable
provisions of law.
"SEC. 4303. EXPANSION OF EXPORT FINANCING FOR GOODS AND SERVICES
PRODUCED BY FIRMS AND EMPLOYEES FORMERLY ENGAGED IN DEFENSE
PRODUCTION
"(a) Export-Import Bank. -
"(1) Sense of congress on plan for expansion. - It is the sense
of Congress that the United States businesses undergoing
transition from defense production to nondefense production will
need assistance in seizing export markets overseas. Therefore, in
order to provide financial support for such businesses, as well
as meeting other normal demands on its resources, the annual
direct lending authority of the Export-Import Bank of the United
States should be increased by at least 150 percent from the
fiscal year 1990 level over the five-year period beginning
October 1, 1990.
"(2) Report of feasibility. - Before September 30, 1990, the
President, acting with the assistance of the Committee and after
consulting the Board of Directors of the Export-Import Bank of
the United States and other experts in government and the private
sector, shall transmit to the Congress a report assessing the
feasibility and desirability of a program for increasing the
amount of direct loan authority in the manner described in
paragraph (1) and the factors considered in making such
assessment.
"(3) Transition to nondefense production required to be
considered. - In determining whether to provide financial support
for an export transaction, the Export-Import Bank of the United
States shall take into account, to the extent feasible and in
accordance with applicable standards and procedures established
by the bank in consultation with the Committee, the fact that the
product or service is produced or provided by any business or
group of workers which -
"(A) was substantially and seriously affected by defense
budget reductions; and
"(B) is in transition from defense to nondefense production.
"(b) SBA Use of Authority for Export Financing Assistance. - In
determining whether to provide financial or other assistance under
the Small Business Act [15 U.S.C. 631 et seq.], title VIII of the
Omnibus Trade and Competitiveness Act of 1988 [Pub. L. 100-418, see
Short Title of 1988 Amendments note set out under section 631 of
Title 15, Commerce and Trade], or any program referred to in
section 4301 to any small business involved in, or attempting to
become involved in, the export of any product or service, the
Administrator of the Small Business Administration shall take into
account the fact that such product or service is produced or
provided by any business or group of workers which -
"(1) has been substantially and seriously affected by defense
budget reductions; and
"(2) is in transition from defense to nondefense production.
"(c) Coordination and Integration of Activities and Assistance
with Other Agencies. - In providing additional financial assistance
pursuant to any increase in loan authority under this division -
"(1) Federal agencies concerned with international trade shall
participate in the process of coordination conducted by the
Committee pursuant to section 4004(c)(1); and
"(2) such Federal agencies shall attempt, to the maximum extent
practicable, to coordinate and integrate the activities and
assistance of the agencies in support of exports, including
financial assistance in the form of direct loans, loan
guarantees, and insurance, general trade promotion, marketing
assistance, and marketing and commercial information, in a manner
consistent with the purposes of this division (and the amendments
made by this division to other provisions of law).
"(d) Reporting. - The annual reports made by the Export-Import
Bank of the United States and the Administrator of the Small
Business Administration and the annual economic stabilization and
adjustment report under section 4004(c)(3) of this division shall
include a description of the extent to which the bank and the
Administrator are -
"(1) providing financing described in subsections (a)(2) and
(b), respectively, to businesses or groups of workers which were
substantially and seriously affected by defense budget
reductions; and
"(2) coordinating and integrating export support and financing
activities with other Federal agencies.
"SEC. 4304. BENEFIT INFORMATION FOR BUSINESSES
"(a) Information Required To Be Provided. - The Secretary of
Commerce and the Administrator of the Small Business Administration
shall provide any business affected by defense budget reductions
with a complete description of available programs which provide any
business, whether on an industrywide or an individual basis, with
any planning assistance, financial, technical, or managerial
assistance, worker retraining assistance, or other assistance
authorized under this division.
"(b) Effective Notification System. - The Secretary of Commerce
and the Administrator of the Small Business Administration shall
take such action as may be appropriate to ensure, to the maximum
extent practicable, that each business affected by defense budget
reductions receives the information required to be provided under
subsection (a) on a timely basis."
COMMISSION ON ALTERNATIVE UTILIZATION OF MILITARY FACILITIES
Section 2819 of Pub. L. 100-456, as amended by Pub. L. 101-510,
div. B, title XXIX, Sec. 2922(a), Nov. 5, 1990, 104 Stat. 1820,
established Commission on Alternative Utilization of Military
Facilities and required Commission to submit reports to President
and Congress not later than Sept. 1 of every second year through
fiscal year 1996, prior to repeal by Pub. L. 105-261, div. A, title
X, Sec. 1031(b), Oct. 17, 1998, 112 Stat. 2123.
SUBMISSION DATE FOR FIRST REPORT
Section 912(c) of Pub. L. 97-86 required the first report under
subsec. (c) of this section to be submitted not later than Dec. 1,
1982.
EX. ORD. NO. 12682. COMMISSION ON ALTERNATIVE UTILIZATION OF
MILITARY FACILITIES
Ex. Ord. No. 12682, July 7, 1989, 54 F.R. 29315, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section 2819 of
the Military Construction Authorization Act, 1989 (Public Law 100-
456) [10 U.S.C. 2391 note], it is hereby ordered as follows:
Section 1. (a) I hereby establish the Commission on Alternative
Utilization of Military Facilities ("Commission").
(b) The Commission shall consist of a representative of the
Department of Defense designated by the Secretary of Defense, a
representative of the Federal Bureau of Prisons designated by the
Attorney General, a representative of the National Institute on
Drug Abuse designated by the Secretary of Health and Human
Services, a representative of the General Services Administration
designated by the Administrator of General Services, a
representative of the Department of Housing and Urban Development
designated by the Secretary of Housing and Urban Development, and a
representative of the Office of National Drug Control Policy
designated by the Director of the Office of National Drug Control
Policy. The representative of the Department of Defense shall chair
the Commission.
(c) The Secretary of Defense shall provide such personnel and
support to the Commission as the Secretary determines is necessary
to accomplish its mission.
Sec. 2. (a) Subject to subsection (b), the Secretary of Defense
shall prepare and submit to the Commission reports listing active
and nonactive military facilities that are underutilized in whole
or in part or otherwise excess to the needs of the Department of
Defense.
(b) The first such report shall be prepared and submitted as soon
as possible for inclusion in the first report of the Commission.
The second report shall be prepared and submitted on January 30,
1990, and succeeding reports shall be prepared and submitted every
other year commencing on January 30, 1992, and continuing until
January 30, 1996.
Sec. 3. (a) Subject to subsection (b), the Commission shall
submit a report to the President and then to the Congress that
identifies those facilities, or parts of facilities, from the list
submitted by the Secretary of Defense under Section 2 that could be
effectively utilized or renovated to serve as:
(1) minimum security facilities for nonviolent prisoners,
(2) drug treatment facilities for nonviolent drug abusers, and
(3) facilities to assist the homeless.
(b) The first report of the Commission shall be submitted to the
President and then to the Congress by September 1, 1989. The
second, and succeeding reports of the Commission, shall be
submitted to the President and then to the Congress no later than
September 1, 1990, and every second year through September 1, 1996.
George Bush.
EX. ORD. NO. 12788. DEFENSE ECONOMIC ADJUSTMENT PROGRAM
Ex. Ord. No. 12788, Jan. 15, 1992, 57 F.R. 2213, as amended by
Ex. Ord. No. 13286, Sec. 33, Feb. 28, 2003, 68 F.R. 10625; Ex. Ord.
No. 13378, May 12, 2005, 70 F.R. 28413, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including 10 U.S.C.
2391 and the Defense Economic Adjustment, Diversification,
Conversion, and Stabilization Act of 1990, enacted as Division D,
section 4001 et seq., of the National Defense Authorization Act for
Fiscal Year 1991, Public Law 101-510 [set out above], and to
provide coordinated Federal economic adjustment assistance
necessitated by changes in Department of Defense activities, it is
hereby ordered as follows:
Section 1. Function of the Secretary of Defense. The Secretary of
Defense shall, through the Economic Adjustment Committee, design
and establish a Defense Economic Adjustment Program.
Sec. 2. Purpose of the Defense Economic Adjustment Program. The
Defense Economic Adjustment Program shall (1) assist substantially
and seriously affected communities, businesses, and workers from
the effects of major Defense base closures, realignments, and
Defense contract-related adjustments, and (2) assist State and
local governments in preventing the encroachment of civilian
communities from impairing the operational utility of military
installations.
Sec. 3. Functions of the Defense Economic Adjustment Program. The
Defense Economic Adjustment Program shall:
(a) Identify problems of States, regions, metropolitan areas, or
communities that result from major Defense base closures,
realignments, and Defense contract-related adjustments, and the
encroachment of the civilian community on the mission of military
installations and that require Federal assistance;
(b) Use and maintain a uniform socioeconomic impact analysis to
justify the use of Federal economic adjustment resources, prior to
particular realignments;
(c) Apply consistent policies, practices, and procedures in the
administration of Federal programs that are used to assist Defense-
affected States, regions, metropolitan areas, communities, and
businesses;
(d) Identify and strengthen existing agency mechanisms to
coordinate employment opportunities for displaced agency personnel;
(e) Identify and strengthen existing agency mechanisms to improve
reemployment opportunities for dislocated Defense industry
personnel;
(f) Assure timely consultation and cooperation with Federal,
State, regional, metropolitan, and community officials concerning
Defense-related impacts on Defense-affected communities' problems;
(g) Assure coordinated interagency and intergovernmental
adjustment assistance concerning Defense impact problems;
(h) Prepare, facilitate, and implement cost-effective strategies
and action plans to coordinate interagency and intergovernmental
economic adjustment efforts;
(i) Encourage effective Federal, State, regional, metropolitan,
and community cooperation and concerted involvement of public
interest groups and private sector organizations in Defense
economic adjustment activities;
(j) Serve as a clearinghouse to exchange information among
Federal, State, regional, metropolitan, and community officials
involved in the resolution of community economic adjustment
problems. Such information may include, for example, previous
studies, technical information, and sources of public and private
financing;
(k) Assist in the diversification of local economies to lessen
dependence on Defense activities;
(l) Encourage and facilitate private sector interim use of lands
and buildings to generate jobs as military activities diminish;,
[sic]
(m) Develop ways to streamline property disposal procedures to
enable Defense-impacted communities to acquire base property to
generate jobs as military activities diminish; and
(n) Encourage resolution of regulatory issues that impede
encroachment prevention and local economic adjustment efforts.
Sec. 4. Economic Adjustment Committee.
(a) Membership. The Economic Adjustment Committee ("Committee")
shall be composed of the following individuals, or a designated
principal deputy of these individuals, and such other individuals
from the executive branch as the President may designate. Such
individuals shall include the:
(1) Secretary of Agriculture;
(2) Attorney General;
(3) Secretary of Commerce;
(4) Secretary of Defense;
(5) Secretary of Education;
(6) Secretary of Energy;
(7) Secretary of Health and Human Services;
(8) Secretary of Housing and Urban Development;
(9) Secretary of the Interior;
(10) Secretary of Labor;
(11) Secretary of State;
(12) Secretary of Transportation;
(13) Secretary of the Treasury;
(14) Secretary of Veterans Affairs;
(15) Secretary of Homeland Security;
(16) Chairman, Council of Economic Advisers;
(17) Director of the Office of Management and Budget;
(18) Director of the Office of Personnel Management;
(19) Administrator of the Environmental Protection Agency;
(20) Administrator of General Services;
(21) Administrator of the Small Business Administration; and,
(22) Postmaster General.
(b) Chairman. The Secretary of Defense, or the Secretary's
designee, shall chair the Committee.
(c) Vice Chairman. The Secretaries of Labor and Commerce shall
serve as Vice Chairmen of the Committee. The Vice Chairmen shall co-
chair the Committee in the absence of both the Chairman and the
Chairman's designee and may also preside over meetings of
designated representatives of the concerned executive agencies.
(d) Executive Director. The head of the Department of Defense's
Office of Economic Adjustment shall provide all necessary policy
and administrative support for the Committee and shall be
responsible for coordinating the application of the Defense
Economic Adjustment Program to Department of Defense activities.
(e) Duties. The Committee shall:
(1) Advise, assist, and support the Defense Economic Adjustment
Program;
(2) Develop procedures for ensuring that State, regional, and
community officials and representatives of organized labor in those
States, municipalities, localities, or labor organizations that are
substantially and seriously affected by changes in Defense
expenditures, realignments or closures, or cancellation or
curtailment of major Defense contracts, are notified of available
Federal economic adjustment programs; and,
(3) Report annually to the President and then to the Congress on
the work of the Economic Adjustment Committee during the preceding
fiscal year.
Sec. 5. Responsibilities of Executive Agencies.
(a) The head of each agency represented on the Committee shall
designate an agency representative to:
(1) Serve as a liaison with the Secretary of Defense's economic
adjustment staff;
(2) Coordinate agency support and participation in economic
adjustment assistance projects; and,
(3) Assist in resolving Defense-related impacts on Defense-
affected communities.
(b) All executive agencies shall:
(1) Support, to the extent permitted by law, the economic
adjustment assistance activities of the Secretary of Defense. Such
support may include the use and application of personnel, technical
expertise, legal authorities, and available financial resources.
This support may be used, to the extent permitted by law, to
provide a coordinated Federal response to the needs of individual
States, regions, municipalities, and communities adversely affected
by necessary Defense changes;
(2) Afford priority consideration to requests from Defense-
affected communities for Federal technical assistance, financial
resources, excess or surplus property, or other requirements, that
are part of a comprehensive plan used by the Committee.
Sec. 6. Judicial Review. This order shall not be interpreted to
create any right or benefit, substantive or procedural, enforceable
at law by a party against the United States, its agencies, its
officers, its agents, or any person.
Sec. 7. Construction. (a) Nothing in this order shall be
construed as subjecting any function vested by law in, or assigned
pursuant to law to, any agency or head thereof to the authority of
any other agency or officer or as abrogating or restricting any
such function in any manner.
(b) This order shall be effective immediately and shall supersede
Executive Order No. 12049.
[Amendment by Ex. Ord. 13378 directing insertion of "and" after
"diminish;" in section 3(m) of Ex. Ord. 12788, was executed by
substituting "; and" for the comma after "diminish".]