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(Added P.L. 85–861, § 1(46), Sept. 2, 1958, 72 Stat. 1458; amended P.L. 97-214, § 10(a)(3), July 12, 1982, 96 Stat. 175; P.L. 97–258, § 3(b)(6), Sept. 13, 1982, 96 Stat. 1063; P.L. 97–295, $ 1(27), Oct. 12, 1982, 96 Stat. 1291; P.L. 98–525, $ 1405(56)(A), Oct. 19, 1984, 98 Stat. 2626; P.L. 101510, § 1322(a)(6), Nov. 5, 1990, 104 Stat. 1671; P.L. 103–160, $825, Nov. 30, 1993, 107 Stat. 1712; P.L. 103–355, $ 3064, Oct. 13, 1994, 108 Stat. 3337.) $ 2389. Ensuring safety regarding insensitive munitions
The Secretary of Defense shall ensure, to the extent practicable, that insensitive munitions under development or procurement are safe throughout development and fielding when subject to unplanned stimuli. (Added P.L. 107–107, § 834(a)(1), Dec. 28, 2001, 115 Stat. 1191.) $ 2390. Prohibition on the sale of certain defense articles
from the stocks of the Department of Defense (a)(1) Except as provided in subsections (b) and (c), the sale outside the Department of Defense of any defense article designated or otherwise classified as Prepositioned Material Configured to Unit Sets, as decrement stock, or as Prepositioned War Reserve Stocks for United States Forces is prohibited.
(2) In this section, the term “decrement stock” means such stock as is needed to bring the armed forces from a peacetime level of readiness to a combat level of readiness.
(b) The President may authorize the sale outside the Department of Defense of a defense article described in subsection (a) if
(1) he determines that there is an international crisis affecting the national security of the United States and the sale of such article is in the best interests of the United States; and
(2) he reports to the Congress not later than 60 days after the transfer of such article a plan for the prompt replenishment of the stocks of such article and the planned budget request to begin implementation of that plan.
(c)(1) Nothing in this section shall preclude the sale of stocks which have been designated for replacement, substitution, or elimination or which have been designated for sale to provide funds to procure higher priority stocks.
(2) Nothing in this section shall preclude the transfer or sale of equipment to other members of the North Atlantic Treaty Organization. (Added as $975 P.L. 95–485, $815(a), Oct. 20, 1978, 92 Stat. 1625; amended P.L. 100-26 $7(k)(3), April 21, 1987, 101 Stat. 284; transferred and redesignated $2390 P.L. 101-189, $ 1622(b)(1), Nov. 29, 1989, 103 Stat. 1604.) $ 2391. Military base reuse studies and community planning
assistance 1 (a) REUSE STUDIES.—Whenever the Secretary of Defense or the Secretary of the military department concerned publicly announces that a military installation is a candidate for closure or that a final decision has been made to close a military installation and the Secretary of Defense determines, because of the location, facilities, or other particular characteristics of the installation, that the installation may be suitable for some specific Federal, State, or local use potentially beneficial to the Nation, the Secretary of Defense may conduct such studies, including the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in connection with such installation and such potential use as may be necessary to provide information sufficient to make sound conclusions and recommendations regarding the possible use of the installation.
1 Section 8149 of the Department of Defense Appropriations Act, 1992 (P.L. 102–172; 105 Stat. 1214), provides:
SEC. 8149. (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.
(b)(1) ADJUSTMENT AND DIVERSIFICATION ASSISTANCE.—The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense in order to assist State and local governments in planning community adjustments and economic diversification required (A) by the proposed or actual establishment, realignment, or closure of a military installation, (B) by the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, (C) by a publicly announced planned major reduction in Department of Defense spending that would directly and adversely affect a community, (D) by the encroachment of a civilian community on a military installation, or (E) by the closure or the significantly reduced operations of a defense facility as the result of the merger, acquisition, or consolidation of the defense contractor operating the defense facility, if the Secretary determines that an action described in clause (A), (B), (C), or (E) is likely to have a direct and significantly adverse consequence on the affected community or, in the case of an action described in clause (D), if the Secretary determines that the encroachment of the civilian community is likely to impair the continued operational utility of the military installation.
(2) In the case of the establishment or expansion of a military installation, assistance may be made under paragraph (1) only if (A) community impact assistance or special impact assistance is not otherwise available, and (B) the establishment or expansion involves the assignment to the installation of (i) more than 2,000 military, civilian, and contractor Department of Defense personnel, or (ii) more military, civilian, and contractor Department of Defense personnel than the number equal to 10 percent of the number of persons employed in counties or independent municipalities within fifteen miles of the installation, whichever is lesser.
(3) In the case of a publicly announced planned reduction in Department of Defense spending, the closure or significantly reduced operations of a defense facility, the cancellation or termination of a Department of Defense contract, or the failure to proceed with a previously approved major defense acquisition program, assistance may be made under paragraph (1) only if the reduction, cancellation, termination, or failure will have a direct and significant adverse impact on a 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
(4)(A) In the case of a State or local government eligible for assistance under paragraph (1), the Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the State or local government to carry out a community adjustment and economic diversification program (including State industrial extension or modernization efforts to facilitate the economic diversification of defense contractors and subcontractors) in addition to planning such a program.
(B) The Secretary shall establish criteria for the selection of community adjustment and economic diversification programs to receive assistance under subparagraph (A). Such criteria shall include a requirement that the State or local government agree
(i) to provide not less than 10 percent of the funding for the program from non-Federal sources;
(ii) to provide business planning and market exploration services under the program to defense contractors and subcontractors that seek modernization or diversification assistance; and
(iii) to provide training, counseling, and placement services for members of the armed forces and dislocated defense workers.
(C) The Secretary shall carry out this paragraph in coordination with the Secretary of Commerce.
(5)(A) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist a State or local government in planning community adjustments and economic diversification even though the State or local government is not currently eligible for assistance under paragraph (1) if the Secretary determines that a substantial portion of the economic activity or population of the geographic area to be subject to the advance planning is dependent on defense expenditures.
(B) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist a State in enhancing its capacities
(i) to assist communities, businesses, and workers adversely affected by an action described in paragraph (1);
(ii) to support local adjustment and diversification initiatives; and
(iii) to stimulate cooperation between statewide and local adjustment and diversification efforts.
(C) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist a State or local government in enhancing the capabilities of the government to support efforts of the Department of Defense to privatize, contract for, or diversify the performance of military family support services in cases in which the capability of the Department to provide such services is adversely affected by an action described in paragraph (1).
(6) Funds provided to State and local governments and regional organizations under this section may be used as part or all of any required non-Federal contribution to a Federal grant-in-aid program for the purposes stated in paragraph (1).
(7) To the extent practicable, the Secretary of Defense shall inform a State or local government applying for assistance under this subsection of the approval or rejection by the Secretary of the application for such assistance as follows:
(A) Before the end of the 7-day period beginning on the date on which the Secretary receives the application, in the case of an application for a planning grant.
(B) Before the end of the 30-day period beginning on such date, in the case of an application for assistance to carry out a community adjustments and economic diversifications program.
(8)(A) In attempting to complete consideration of applications within the time period specified in paragraph (7), the Secretary of Defense shall give priority to those applications requesting assistance for a community described in subsection (f)(1).
(B) If an application under paragraph (7) is rejected by the Secretary, the Secretary shall promptly inform the State or local government of the reasons for the rejection of the application.
[(c) Repealed. P.L. 107–314, $ 1041(a)(13), Dec. 2, 2002, 116 Stat. 2645] (d) DEFINITIONS.—In this section:
(1) 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.
(2) The term "defense facility” means any private facility producing goods or services pursuant to a defense contract.
(3) The terms “community adjustment" and "economic diversification” include the development of feasibility studies and business plans for market diversification within a community adversely affected by an action described in clause (A), (B), (C), or (E) of subsection (b)(1) by adversely affected businesses and labor organizations located in the community.
(e) ASSISTANCE SUBJECT TO APPROPRIATIONS.—The authority of the Secretary of Defense to make grants under this section in any fiscal year is subject to the availability of appropriations for that purpose. (Added P.L. 97–86, § 912(a)(1), Dec. 1, 1981, 95 Stat. 1122; amended P.L. 98–115, $ 808, Oct. 11, 1983, 97 Stat. 789; P.L. 100–26, § 7(k)(3), April 21, 1987, 101 Stat. 284; P.L. 100–456, $ 2805, Sept. 29, 1988, 102 Stat. 2116; P.L. 101-510, § 4102(b), Nov. 5, 1990, 104 Stat. 1851; P.L. 102– 25, $ 7016)(3), April 6, 1991, 105 Stat. 116; P.L. 102–484, SS 1051(28), 4301(a)-c), Oct. 23, 1992, 106 Stat. 2500, 2696; P.L. 103–160, $ 2913, Nov. 30, 1993, 107 Stat. 1925; P.L. 103–337, $$ 1122(a), 1123(a), (b), Oct. 5, 1994, 108 Stat. 2870; P.L. 104-106, $ 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; P.L. 104–201, $2814, Sept. 23, 1996, 110 Stat. 2790; P.L. 105–85, $ 2822, Nov. 18, 1997, 111 Stat. 1997; P.L. 106-65, $ 1067(1), Oct. 5, 1999, 113 Stat. 774; P.L. 107–314, $ 1041(a)(13), Dec. 2, 2002, 116 Stat. 2645.)
$ 2392. Prohibition on use of funds to relieve economic dis
locations (a) In order to help avoid the uneconomic use of Department of Defense funds in the procurement of goods and services, the Congress finds that it is necessary to prohibit the use of such funds for certain purposes.
(b) No funds appropriated to or for the use of the Department of Defense may be used to pay, in connection with any contract awarded by the Department of Defense, a price differential for the purpose of relieving economic dislocations. (Added P.L. 97–86, § 913(a)(1), Dec. 1, 1981, 95 Stat. 1123.) $ 2393. Prohibition against doing business with certain
offerors or contractors 2 (a)(1) Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary's knowledge has been debarred or suspended by another Federal agency unless
(A) in the case of debarment, the debarment of the offeror or contractor by all other agencies has been terminated or the period of time specified for such debarment has expired; and
(B) in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has expired.
(2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor.
(b) Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services shall maintain each such notice in a file available for public inspection. (c) In this section:
(1) The term "debar" means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance.
(2) The term "suspend” means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting for a temporary period of time because a concern or individual is suspected of engaging in criminal, fraudulent, or seriously improper conduct.
2 For a provision relating to regulations providing for government-wide effect of debarment, suspension, or other exclusion of a participant in a procurement activity, see section 2455 of the Federal Acquisition Streamlining Act of 1994 (P.L. 103–355; 31 U.S.C. 6101 note), set forth on