Pub. L. 101-189, div. A, tit. V, pt. B, sec. 518
PROVISION OF OFF-DUTY POSTSECONDARY EDUCATION SERVICES OVERSEAS
SEC. 518. PROVISION OF OFF-DUTY POSTSECONDARY EDUCATION SERVICES OVERSEASSection 1212 of the Department of Defense Authorization Act, 1986 (10 U.S.C. 113 note), is amended— (1) by striking out subsections (c) and (e); and (2) by inserting after subsection (b) the following new subsection (c): “(c) (1) The Secretary of Defense shall conduct a study to determine the current and future needs of members of the Armed Forces, civilian employees of the Department of Defense, and the dependents of such members and employees for postsecondary education services at overseas locations. The Secretary shall determine on the basis of the results of that study whether the policies and procedures of the Department in effect on the date of the enactment of the Department of Defense Authorization Act for Fiscal Years 1990 and 1991 with respect to the procurement of such services are— “(A) consistent with the provisions of subsections (a) and (b); “(B) adequate to ensure the recipients of such services the benefit of a choice in the offering of such services; and “(C) adequate to ensure that persons stationed at geographically isolated military installations or at installations with small complements of military personnel are adequately served. The Secretary shall complete the study in such time as necessary to enable the Secretary to submit the report required by paragraph (2)(A) by the deadline specified in that paragraph. “(2)(A) The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study referred to in paragraph (1), together with a copy of any revisions in policies and procedures made as a result of such study. The report shall be submitted not later than March 1, 1990. “(B) The Secretary shall include in the report an explanation of how determinations are made with regard to— “(i) affording members, employees, and dependents a choice in the offering of courses of postsecondary education; and “(ii) whether the services provided under a contract for such services should be limited to an installation, theater, or other geographic area. “(3) (A) Except as provided in subparagraph (B), no contract for the provision of services referred to in subsection (a) may be awarded, and no contract or agreement entered into before the date of the enactment of this paragraph may be renewed or extended on or after such date, until the end of the 60-day period beginning on the date on which the report referred to in paragraph (2)(A) is received by the committees named in that paragraph. “(B) A contract or an agreement in effect on October 1, 1989, for the provision of postsecondary education services in the European Theater for members of the Armed Forces, civilian employees of the Department of Defense, and the dependents of such members and103 STAT. 1444 employees may be renewed or extended without regard to the limitation in subparagraph (A). “(C) In the case of a contract for services with respect to which a solicitation is pending on the date of the enactment of this paragraph, the contract may be awarded— “(i) on the basis of the solicitation as issued before the date of the enactment of this paragraph; “(ii) on the basis of the solicitation issued before the date of the enactment of this paragraph modified so as to conform to any changes in policies and procedures the Secretary determines should be made as a result of the study required under paragraph (1); or “(iii) on the basis of a new solicitation.”.