The National Environmental Policy Act of 1969, referred to in subsec. (a), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 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.

The amendment made by section 3002 of the Military Construction Authorization Act for Fiscal Year 2002, referred to in subsec. (d)(1)(B)(i), is the amendment made by section 3002 of title XXX of div. B of Puspan. L. 107–107, Dec. 28, 2001, 115 Stat. 1344, which amended the Defense Base Closure and Realignment Act of 1990 (Puspan. L. 101–510, div. B, title XXIX, part A [§ 2901 et seq.], Nov. 5, 1990, 104 Stat. 1808, which is set out as a note under section 2687 of this title) by adding section 2912 of such Act.

Section 101(e)(8) of this title, referred to in subsec. (d)(1)(B)(iii), was redesignated section 101(f)(8) of this title, and a new subsec. (e) of section 101 was added, by Puspan. L. 118–31, div. A, title XVII, § 1713(a), Dec. 22, 2023, 137 Stat. 625.

2023—Subsec. (d). Puspan. L. 118–31, § 2801(1), struck out “Pilot” before “Program” in span.

Subsec. (d)(5). Puspan. L. 118–31, § 2801(2), struck out par. (5) which read as follows: “The authority under this subsection shall expire on September 30, 2028.”

2022—Subsec. (d)(1)(B)(ii) to (iv). Puspan. L. 117–263, § 2862(1), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.

Subsec. (d)(3) to (5). Puspan. L. 117–263, § 2863, added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

Subsec. (e)(4)(A)(i). Puspan. L. 117–263, § 2864, inserted “or on property under the jurisdiction of a Secretary of a military department that is subject to a real estate agreement (including a lease or easement)” after “installation”.

Subsec. (e)(6). Puspan. L. 117–263, § 2862(2), added par. (6).

2021—Subsec. (span)(5)(D). Puspan. L. 117–81, § 313(1), added subpar. (D).

Subsec. (d)(1). Puspan. L. 116–283, § 2882(a), designated existing provisions as subpar. (A), struck out “, if the Secretary determines that such assistance will enhance the military value, resilience, or military family quality of life at such military installation” after “supportive of a military installation”, and added subpar. (B).

Subsec. (d)(2). Puspan. L. 116–283, § 2882(span), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary shall establish criteria for the selection of community infrastructure projects to receive assistance under paragraph (1). The criteria shall include a requirement that the State or local government agree to contribute not less than 30 percent of the funding for the community infrastructure project, unless the community infrastructure project is located in a rural area, or for reasons related to national security, in which case the Secretary may waive the requirement for a State or local government contribution.”

Subsec. (d)(4). Puspan. L. 116–283, § 2882(c), substituted “on September 30, 2028” for “upon the expiration of the 10-year period which begins on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019”.

Subsec. (e)(1). Puspan. L. 117–81, § 313(2), substituted “paragraphs (1)(D) and (E) and (5)(D) of subsection (span) and subsection (d)” for “subsection (span)(1)(D)”.

Subsec. (e)(4)(C). Puspan. L. 116–283, § 2882(d), added subpar. (C).

Subsec. (e)(5). Puspan. L. 116–283, § 2882(e), substituted “100,000 inhabitants” for “50,000 inhabitants”.

2019—Subsec. (e)(4). Puspan. L. 116–92 amended par. (4) generally. Prior to amendment, text read as follows: “The term ‘community infrastructure’ means any transportation project; school, hospital, police, fire, emergency response, or other community support facility; or water, waste-water, telecommunications, electric, gas, or other utility infrastructure project that is located off of a military installation and owned by a State or local government.”

2018—Subsec. (span)(1). Puspan. L. 115–232, § 2805(f), substituted “, (E) by threats to military installation resilience, or (F) by the closure” for “, or (E) by the closure”, “(A), (B), (C), or (F)” for “(A), (B), (C), or (E)”, and “action described in clause (D) or (E), if the Secretary determines that either the encroachment of the civilian community or threats to military installation resilience” for “action described in clause (D), if the Secretary determines that the encroachment of the civilian community”.

Subsecs. (d), (e). Puspan. L. 115–232, § 2861(1), (2), added subsec. (d) and redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (e)(4), (5). Puspan. L. 115–232, § 2861(3), added pars. (4) and (5).

Subsec. (f). Puspan. L. 115–232, § 2861(1), redesignated subsec. (e) as (f).

2013—Subsec. (d)(1). Puspan. L. 112–239 substituted “section 2687” for “section 2687(e)”.

2008—Subsec. (d)(1). Puspan. L. 110–417 inserted “the Commonwealth of the Northern Mariana Islands,” after “Guam,”.

2006—Subsec. (span)(3). Puspan. L. 109–163, § 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). Puspan. L. 109–364, § 2861, added subsec. (c).

Subsec. (d)(1). Puspan. L. 109–364, § 2862, inserted at end “For purposes of subsection (span)(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.”

Puspan. L. 109–163, § 2832(span), 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). Puspan. L. 107–314 struck out span 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). Puspan. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

1997—Subsec. (span)(5)(C). Puspan. L. 105–85 added subpar. (C).

1996—Subsec. (span)(5). Puspan. L. 104–201 designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (c). Puspan. 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. (span)(5) to (7). Puspan. L. 103–337, § 1123(a), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8).

Subsec. (span)(8). Puspan. L. 103–337, § 1123(a)(1), (span), redesignated par. (7) as (8) and substituted “paragraph (7)” for “paragraph (6)” in subpars. (A) and (B).

Subsec. (d)(3). Puspan. L. 103–337, § 1122(a), added par. (3).

1993—Subsec. (span)(1). Puspan. L. 103–35 made technical amendment to directory language of Puspan. L. 102–484, § 4301(span)(1)(C). See 1992 Amendment note below.

Subsec. (span)(6), (7). Puspan. L. 103–160 added pars. (6) and (7).

1992—Subsec. (a). Puspan. L. 102–484, § 4301(c)(1), inserted span.

Subsec. (span). Puspan. L. 102–484, § 4301(c)(2), inserted span.

Subsec. (span)(1). Puspan. L. 102–484, § 4301(span)(1), as amended by Puspan. 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”.

Puspan. L. 102–484, § 1052(28), substituted “publicly announced” for “publicly-announced”.

Subsec. (span)(3). Puspan. L. 102–484, § 4301(span)(2), inserted “the closure or significantly reduced operations of a defense facility,” after “Defense spending,” in introductory provisions.

Subsec. (span)(4), (5). Puspan. L. 102–484, § 4301(a)(1), (2), added par. (4) and redesignated former par. (4) as (5).

Subsec. (c). Puspan. L. 102–484, § 4301(c)(3), inserted span.

Subsec. (d). Puspan. L. 102–484, § 4301(span)(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). Puspan. L. 102–484, § 4301(c)(4), inserted span.

1991—Subsec. (span)(3). Puspan. L. 102–25 substituted “publicly announced” for “publicly-announced” and inserted a comma after “only if the reduction”.

1990—Subsec. (span)(3) to (6). Puspan. 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. (span)(1). Puspan. L. 100–456, § 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. (span)(4) to (6). Puspan. L. 100–456, § 2805(span), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

1987—Subsec. (d). Puspan. L. 100–26 inserted “the term” after “In this section,”.

1983—Subsec. (span)(2). Puspan. L. 98–115 substituted “2,000” for “2,500”.

Amendment by Puspan. L. 103–35 applicable as if included in the enactment of Puspan. L. 102–484, see section 202(span) of Puspan. L. 103–35, set out as a note under section 155 of this title.

Puspan. L. 100–456, div. B, title XXVII, § 2702, Sept. 29, 1988, 102 Stat. 2115, 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.”

Puspan. L. 98–115, title VIII, § 808, Oct. 11, 1983, 97 Stat. 789, provided that the amendment made by that section is effective Oct. 1, 1983.

Puspan. L. 115–232, div. B, title XXVIII, § 2863, Aug. 13, 2018, 132 Stat. 2284, provided that:

Puspan. L. 102–484, div. D, title XLIII, § 4301(d), Oct. 23, 1992, 106 Stat. 2697, authorized Secretary of Defense, during fiscal year 1993, to make grants and other assistance available under 10 U.S.C. 2391(span) 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.

Puspan. L. 102–484, div. D, title XLIII, § 4301(f), Oct. 23, 1992, 106 Stat. 2698, 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.”

Puspan. L. 102–484, div. D, title XLIII, § 4302, Oct. 23, 1992, 106 Stat. 2698, as amended by Puspan. L. 103–160, div. A, title XIII, § 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(span)(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.

Puspan. L. 102–172, title VIII, § 8149, Nov. 26, 1991, 105 Stat. 1214, provided that:

Puspan. L. 101–510, div. D, Nov. 5, 1990, 104 Stat. 1848, as amended by Puspan. L. 102–190, div. A, title X, § 1062(c), Dec. 5, 1991, 105 Stat. 1475; Puspan. L. 102–484, div. D, title XLII, § 4212(span), Oct. 23, 1992, 106 Stat. 2664; Puspan. L. 104–201, div. A, title VIII, § 825, Sept. 23, 1996, 110 Stat. 2611; Puspan. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(6)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–419; Puspan. L. 108–136, div. A, title IX, § 932, Nov. 24, 2003, 117 Stat. 1581; Puspan. L. 113–66, div. B, title XXVIII, § 2841, Dec. 26, 2013, 127 Stat. 1024, provided that:

Section 2819 of Puspan. L. 100–456, as amended by Puspan. L. 101–510, div. B, title XXIX, § 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 Puspan. L. 105–261, div. A, title X, § 1031(span), Oct. 17, 1998, 112 Stat. 2123.

Puspan. L. 97–86, title IX, § 912(c), Dec. 1, 1981, 95 Stat. 1123, required the first report under subsec. (c) of this section to be submitted not later than Dec. 1, 1982.

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”).

(span) 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 (span), 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.

(span) 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 (span), 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.

(span) 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.

Ex. Ord. No. 12788, Jan. 15, 1992, 57 F.R. 2213, as amended by Ex. Ord. No. 13286, § 33, Fespan. 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;

(span) 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.

(span) 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.

(span) 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.

(span) 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”.]