US (United States) Code. Title 10. Subtitle A. Part II. Chapter 58: Benefits and services for members

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS

BEING SEPARATED OR RECENTLY SEPARATED 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

.

-HEAD-

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-MISC1-

Sec.

1141. Involuntary separation defined.

1142. Preseparation counseling; transmittal of medical records to

Department of Veterans Affairs.

1143. Employment assistance.

1143a. Encouragement of postseparation public and community

service.

1144. Employment assistance, job training assistance, and other

transitional services: Department of Labor.

1145. Health benefits.

1146. Commissary and exchange benefits.

1147. Use of military family housing.

1148. Relocation assistance for personnel overseas.

1149. Excess leave and permissive temporary duty.

1150. Affiliation with Guard and Reserve units: waiver of certain

limitations.

(1151. Repealed.)

1152. Assistance to eligible members and former members to obtain

employment with law enforcement agencies.

1153. Assistance to separated members to obtain employment with

health care providers.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title XVII, Sec. 1707(a)(2), Oct.

5, 1999, 113 Stat. 823, struck out item 1151 ''Assistance to

separated members to obtain certification and employment as

teachers or employment as teachers' aides''.

1994 - Pub. L. 103-337, div. A, title V, Sec. 542(a)(10), title

XI, Sec. 1132(a)(2), Oct. 5, 1994, 108 Stat. 2768, 2873, struck out

'': Department of Defense'' after ''assistance'' in item 1143 and

after ''service'' in item 1143a and substituted ''eligible members

and former members'' for ''separated members'' in item 1152.

1993 - Pub. L. 103-160, div. A, title XIII, Sec. 1332(e), Nov.

30, 1993, 107 Stat. 1797, added items 1152 and 1153.

1992 - Pub. L. 102-484, div. D, title XLIV, Sec. 4441(a)(2),

4462(a)(2), Oct. 23, 1992, 106 Stat. 2730, 2740, added items 1143a

and 1151.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1174a, 1175 of this

title.

-CITE-

10 USC Sec. 1141 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1141. Involuntary separation defined

-STATUTE-

A member of the armed forces shall be considered to be

involuntarily separated for purposes of this chapter if the member

was on active duty or full-time National Guard duty on September

30, 1990, or after November 29, 1993, or, with respect to a member

of the Coast Guard, if the member was on active duty in the Coast

Guard after September 30, 1994, and -

(1) in the case of a regular officer (other than a retired

officer), the officer is involuntarily discharged under other

than adverse conditions, as characterized by the Secretary

concerned;

(2) in the case of a reserve officer who is on the active-duty

list or, if not on the active-duty list, is on full-time active

duty (or in the case of a member of the National Guard, full-time

National Guard duty) for the purpose of organizing,

administering, recruiting, instructing, or training the reserve

components, the officer is involuntarily discharged or released

from active duty or full-time National Guard (other than a

release from active duty or full-time National Guard duty

incident to a transfer to retired status) under other than

adverse conditions, as characterized by the Secretary concerned;

(3) in the case of a regular enlisted member serving on active

duty, the member is (A) denied reenlistment, or (B) involuntarily

discharged under other than adverse conditions, as characterized

by the Secretary concerned; and

(4) in the case of a reserve enlisted member who is on

full-time active duty (or in the case of a member of the National

Guard, full-time National Guard duty) for the purpose of

organizing, administering, recruiting, instructing, or training

the reserve components, the member (A) is denied reenlistment, or

(B) is involuntarily discharged or released from active duty (or

full-time National Guard) under other than adverse conditions, as

characterized by the Secretary concerned.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

1990, 104 Stat. 1551; amended Pub. L. 103-160, div. A, title V,

Sec. 503, Nov. 30, 1993, 107 Stat. 1644; Pub. L. 103-337, div. A,

title V, Sec. 542(a)(1), Oct. 5, 1994, 108 Stat. 2767.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-337, in introductory provisions, substituted

''armed forces'' for ''Army, Navy, Air Force, or Marine Corps'' and

''or after November 29, 1993, or, with respect to a member of the

Coast Guard, if the member was on active duty in the Coast Guard

after September 30, 1994,'' for ''or on or after the date of the

enactment of the National Defense Authorization Act for Fiscal Year

1994''.

1993 - Pub. L. 103-160 inserted ''or on or after the date of the

enactment of the National Defense Authorization Act for Fiscal Year

1994'' after ''September 30, 1990,''.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 542(e) of Pub. L. 103-337 provided that: ''This section

(amending this section and sections 1143, 1143a, 1145 to 1150,

1174a, and 1175 of this title and enacting provisions set out as a

note under section 1293 of this title) and the amendments made by

this section shall apply only to members of the Coast Guard who are

separated after September 30, 1994.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1174a, 1175 of this

title; title 20 section 932; title 29 section 2918; title 37

sections 404, 406; title 38 section 3018A; title 42 section 3796dd.

-CITE-

10 USC Sec. 1142 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1142. Preseparation counseling; transmittal of medical records

to Department of Veterans Affairs

-STATUTE-

(a) Requirement. - (1) Within the time periods specified in

paragraph (3), the Secretary concerned shall (except as provided in

paragraph (4)) provide for individual preseparation counseling of

each member of the armed forces whose discharge or release from

active duty is anticipated as of a specific date. A notation of

the provision of such counseling with respect to each matter

specified in subsection (b), signed by the member, shall be placed

in the service record of each member receiving such counseling.

(2) In carrying out this section, the Secretary concerned may use

the services available under section 1144 of this title.

(3)(A) In the case of an anticipated retirement, preseparation

counseling shall commence as soon as possible during the 24-month

period preceding the anticipated retirement date. In the case of a

separation other than a retirement, preseparation counseling shall

commence as soon as possible during the 12-month period preceding

the anticipated date. Except as provided in subparagraph (B), in

no event shall preseparation counseling commence later than 90 days

before the date of discharge or release.

(B) In the event that a retirement or other separation is

unanticipated until there are 90 or fewer days before the

anticipated retirement or separation date, preseparation counseling

shall begin as soon as possible within the remaining period of

service.

(4)(A) Subject to subparagraph (B), the Secretary concerned shall

not provide preseparation counseling to a member who is being

discharged or released before the completion of that member's first

180 days of active duty.

(B) Subparagraph (A) shall not apply in the case of a member who

is being retired or separated for disability.

(b) Matters To Be Covered By Counseling. - Counseling under this

section shall include the following:

(1) A discussion of the educational assistance benefits to

which the member is entitled under the Montgomery GI Bill and

other educational assistance programs because of the member's

service in the armed forces.

(2) A description (to be developed with the assistance of the

Secretary of Veterans Affairs) of the compensation and vocational

rehabilitation benefits to which the member may be entitled under

laws administered by the Secretary of Veterans Affairs, if the

member is being medically separated or is being retired under

chapter 61 of this title.

(3) An explanation of the procedures for and advantages of

affiliating with the Selected Reserve.

(4) Information concerning Government and private-sector

programs for job search and job placement assistance, including

the public and community service jobs program carried out under

section 1143a of this title, and information regarding the

placement programs established under sections 1152 and 1153 of

this title and the Troops-to-Teachers Program Act of 1999 (20

U.S.C. 9301 et seq.). (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(5) If the member has a spouse, job placement counseling for

the spouse.

(6) Information concerning the availability of relocation

assistance services and other benefits and services available to

persons leaving military service, as provided under section 1144

of this title.

(7) Information concerning the availability of medical and

dental coverage following separation from active duty, including

the opportunity to elect into the conversion health policy

provided under section 1145 of this title.

(8) Counseling (for the member and dependents) on the effect of

career change on individuals and their families.

(9) Financial planning assistance.

(10) The creation of a transition plan for the member to

attempt to achieve the educational, training, and employment

objectives of the member and, if the member has a spouse, the

spouse of the member.

(c) Transmittal of Medical Information to Department of Veterans

Affairs. - In the case of a member being medically separated or

being retired under chapter 61 of this title, the Secretary

concerned shall ensure (subject to the consent of the member) that

a copy of the member's service medical record (including any

results of a Physical Evaluation Board) is transmitted to the

Secretary of Veterans Affairs within 60 days of the separation or

retirement.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

1990, 104 Stat. 1552; amended Pub. L. 102-190, div. A, title X,

Sec. 1061(a)(5), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102-484,

div. D, title XLIV, Sec. 4401, 4441(b), 4462(b), Oct. 23, 1992,

106 Stat. 2701, 2730, 2740; Pub. L. 103-35, title II, Sec.

201(i)(1), May 31, 1993, 107 Stat. 100; Pub. L. 103-160, div. A,

title XIII, Sec. 1332(c), Nov. 30, 1993, 107 Stat. 1797; Pub. L.

106-398, Sec. 1 ((div. A), title X, Sec. 1087(a)(9)), Oct. 30,

2000, 114 Stat. 1654, 1654A-290; Pub. L. 107-103, title III, Sec.

302(a), Dec. 27, 2001, 115 Stat. 991.)

-REFTEXT-

REFERENCES IN TEXT

The Troops-to-Teachers Program Act of 1999, referred to in

subsec. (b)(4), is title XVII of div. A of Pub. L. 106-65, Oct. 5,

1999, 113 Stat. 817, which was classified principally to chapter 74

(Sec. 9301 et seq.) of Title 20, Education, prior to repeal by Pub.

L. 107-110, title X, Sec. 1011(6), Jan. 8, 2002, 115 Stat. 1986.

-MISC2-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-103, Sec. 302(a)(1), amended

first sentence generally. Prior to amendment, first sentence read

as follows: ''As soon as possible before, but in no event later

than 90 days before, the date of the discharge or release from

active duty of a member of the armed forces, the Secretary

concerned shall provide for individual preseparation counseling of

the member.''

Subsec. (a)(3), (4). Pub. L. 107-103, Sec. 302(a)(2), added pars.

(3) and (4).

2000 - Subsec. (b)(4). Pub. L. 106-398 substituted ''sections

1152 and 1153 of this title and the Troops-to-Teachers Program Act

of 1999 (20 U.S.C. 9301 et seq.)'' for ''sections 1151, 1152, and

1153 of this title''.

1993 - Subsec. (b)(4). Pub. L. 103-160 substituted ''programs

established under sections 1151, 1152, and 1153 of this title'' for

''program established under section 1151 of this title to assist

members to obtain employment as elementary or secondary school

teachers or teachers' aides''.

Pub. L. 103-35 substituted ''job placement assistance, including

the public and community service jobs program carried out under

section 1143a of this title, and information regarding the

placement program established under section 1151 of this title to

assist members to obtain employment as elementary or secondary

school teachers or teachers' aides'' for ''job placement assistance

and information regarding the placement program established under

section 1151 of this title to assist members obtain employment as

elementary or secondary school teachers or teachers' aides.,

including the public and community service jobs program carried out

under section 1143a of this title''.

1992 - Subsec. (a)(1). Pub. L. 102-484, Sec. 4401(a), substituted

''As soon as possible before, but in no event later than 90 days

before, the date of the discharge'' for ''Upon the discharge''.

Subsec. (b)(4). Pub. L. 102-484, Sec. 4462(b), inserted before

period at end '', including the public and community service jobs

program carried out under section 1143a of this title''.

Pub. L. 102-484, Sec. 4441(b), inserted before period at end

''and information regarding the placement program established under

section 1151 of this title to assist members obtain employment as

elementary or secondary school teachers or teachers' aides.''

Subsec. (b)(10). Pub. L. 102-484, Sec. 4401(b), added par. (10).

1991 - Subsec. (b)(5). Pub. L. 102-190 substituted period for

semicolon at end.

APPLICATION OF PRESEPARATION COUNSELING REQUIREMENTS TO COAST GUARD

Pub. L. 103-337, div. A, title V, Sec. 543(a), Oct. 5, 1994, 108

Stat. 2769, provided that: ''As soon as possible after the date of

the enactment of this Act (Oct. 5, 1994), the Secretary of

Transportation shall implement the requirements of section 1142 of

title 10, United States Code, for the Coast Guard.''

LIMITATION ON FUNDING TO CARRY OUT SECTION 543 OF PUB. L. 103-337

Pub. L. 103-337, div. A, title V, Sec. 543(h), Oct. 5, 1994, 108

Stat. 2772, provided that: ''Funds appropriated or otherwise made

available to the Department of Defense, the Department of

Education, the Department of Labor, or the Department of Veterans

Affairs may not be used to carry out subsection (a) (set out above)

or the amendments made by this section (amending sections 1144 and

1151 to 1153 of this title and provisions set out as notes under

section 1143 of this title).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1078a, 1144 of this

title; title 20 section 6672.

-CITE-

10 USC Sec. 1143 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1143. Employment assistance

-STATUTE-

(a) Employment Skills Verification. - The Secretary of Defense

and the Secretary of Homeland Security with respect to the Coast

Guard shall provide to members of the armed forces who are

discharged or released from active duty a certification or

verification of any job skills and experience acquired while on

active duty that may have application to employment in the civilian

sector. The preceding sentence shall be carried out in conjunction

with the Secretary of Labor.

(b) Employment Assistance Centers. - The Secretary of Defense

shall establish permanent employment assistance centers at

appropriate military installations. The Secretary of Homeland

Security shall establish permanent employment assistance centers at

appropriate Coast Guard installations.

(c) Information to Civilian Entities. - For the purpose of

assisting members covered by subsection (a) and their spouses in

locating civilian employment and training opportunities, the

Secretary of Defense and the Secretary of Homeland Security shall

establish and implement procedures to release to civilian

employers, organizations, State employment agencies, and other

appropriate entities the names (and other pertinent information) of

such members and their spouses. Such names may be released for

such purpose only with the consent of such members and spouses.

(d) Employment Preference by Nonappropriated Fund

Instrumentalities. - The Secretary of Defense shall take such steps

as necessary to provide that members of Army, Navy, Air Force, or

Marine Corps who are involuntarily separated, and the dependents of

such members, shall be provided a preference in hiring by

nonappropriated fund instrumentalities of the Department. Such

preference shall be administered in the same manner as the

preference for military spouses provided under section 1784(a)(2)

of this title, except that a preference under that section shall

have priority over a preference under this subsection. A person

may receive a preference in hiring under this subsection only

once. The Secretary of Homeland Security shall provide the same

preference in hiring to involuntarily separated members of the

Coast Guard, and the dependents of such members, in Coast Guard

nonappropriated fund instrumentalities.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

1990, 104 Stat. 1553; amended Pub. L. 103-337, div. A, title V,

Sec. 542(a)(2), Oct. 5, 1994, 108 Stat. 2767; Pub. L. 105-85, div.

A, title X, Sec. 1073(a)(21), Nov. 18, 1997, 111 Stat. 1901; Pub.

L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a) to (d). Pub. L. 107-296 substituted ''of

Homeland Security'' for ''of Transportation''.

1997 - Subsec. (d). Pub. L. 105-85 substituted ''section

1784(a)(2) of this title'' for ''section 806(a)(2) of the Military

Family Act of 1985''.

1994 - Pub. L. 103-337, Sec. 542(a)(2)(A), struck out '':

Department of Defense'' after ''assistance'' in section catchline.

Subsec. (a). Pub. L. 103-337, Sec. 542(a)(2)(B), inserted ''and

the Secretary of Transportation with respect to the Coast Guard''

after ''Secretary of Defense'' and struck out ''under the

jurisdiction of the Secretary'' after ''armed forces''.

Subsec. (b). Pub. L. 103-337, Sec. 542(a)(2)(C), inserted at end

''The Secretary of Transportation shall establish permanent

employment assistance centers at appropriate Coast Guard

installations.''

Subsec. (c). Pub. L. 103-337, Sec. 542(a)(2)(D), inserted ''and

the Secretary of Transportation'' after ''Secretary of Defense''.

Subsec. (d). Pub. L. 103-337, Sec. 542(a)(2)(E), inserted at end

''The Secretary of Transportation shall provide the same preference

in hiring to involuntarily separated members of the Coast Guard,

and the dependents of such members, in Coast Guard nonappropriated

fund instrumentalities.''

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable only to members of the

Coast Guard who are separated after Sept. 30, 1994, see section

542(e) of Pub. L. 103-337, set out as a note under section 1141 of

this title.

DEMONSTRATION PROGRAM FOR TRAINING RECENTLY DISCHARGED VETERANS FOR

EMPLOYMENT IN CONSTRUCTION AND HAZARDOUS WASTE REMEDIATION

Pub. L. 103-160, div. A, title XIII, Sec. 1337, Nov. 30, 1993,

107 Stat. 1805, provided that:

''(a) Establishment. - The Secretary of Defense may establish a

demonstration program to promote the training and employment of

veterans in the construction and hazardous waste remediation

industries. Using funds made available to carry out this section

the Secretary shall make grants under the demonstration program to

organizations that meet the eligibility criteria specified in

subsection (b).

''(b) Grant Eligibility Criteria. - An organization is eligible

to receive a grant from the Secretary under subsection (a) if it -

''(1) demonstrates, to the satisfaction of the Secretary, an

ability to recruit and counsel veterans for participation in the

demonstration program under this section;

''(2) has entered into an agreement with a joint

labor-management training fund established consistent with

section 8(f) of the National Labor Relations Act (29 U.S.C.

158(f)) to implement and operate a training and employment

program for veterans;

''(3) agrees under the agreement referred to in paragraph (2)

to use grant funds to carry out a program that will provide

eligible veterans with training for employment in the

construction and hazardous waste remediation industries;

''(4) provides such training for an eligible veteran for not

more than 18 months;

''(5) demonstrates actual experience in providing training for

veterans under an agreement referred to in paragraph (2);

''(6) agrees to make, along with all subgrantees, a substantial

in-kind contribution (as determined by the Secretary of Defense)

from non-Federal sources to the demonstration program under this

section; and

''(7) gives its assurances, to the satisfaction of the

Secretary, that full time, permanent jobs will be available for

individuals successfully completing the training program, with a

special emphasis on jobs with employers in construction and

hazardous waste remediation on Department of Defense facilities.

''(c) Eligible Veterans. - An individual is an eligible veteran

for the purposes of this section if the individual -

''(1)(A) served in the active military, naval, or air service

for a period of at least two years;

''(B) was discharged or released from active duty because of a

service-connected disability; or

''(C) is entitled to compensation (or who but for the receipt

of military retired pay would be entitled to compensation) under

the laws administered by the Secretary of Veterans Affairs for a

disability rated at 30 percent or more; and

''(2) was discharged or released on or after August 2, 1990,

under conditions other than dishonorable.

''(d) Preference. - In carrying out the demonstration program

under this section, the Secretary shall ensure that a preference is

given to eligible veterans who had a primary or secondary

occupational specialty in the Armed Forces that (as determined

under regulations prescribed by the Secretary and in effect before

the date of such separation) is not readily transferable to the

civilian work force.

''(e) Hazardous Waste Operations Training Goal. - It is the sense

of Congress that at least 20 percent of the total number of

veterans completing training under the demonstration program under

this section should complete the training required -

''(1) for certification under section 126 of the Superfund

Amendments and Reauthorization Act of 1986 (Pub. L. 99-499) (29

U.S.C. 655 note); and

''(2) under any other Federal law which requires certification

for employees engaged in hazardous waste remediation operations.

''(f) Use of Funds. - Funds made available to carry out this

section may only be used for tuition and stipends to cover the

living and travel expenses of participants, except that the

Secretary may provide that not more than a total of four percent of

all the funds made available under this section may be used for

administrative expenses of grantees and subgrantees.

''(g) Limitation on Tuition Charged. - The amount of tuition

charged eligible veterans participating in a training program

funded under the demonstration program may not exceed the amount of

tuition charged to nonveterans participating in programs

substantially similar to that training program.

''(h) Limitation on Expenditures Per Participant. - Of the funds

made available to carry out this section -

''(1) not more than $1,000 may be expended with respect to each

veteran participating in the construction phase of the

demonstration program; and

''(2) not more than an additional $1,000 may be expended with

respect to each veteran participating in the hazardous waste

remediation phase of the demonstration program, except that the

Secretary may authorize an additional $300 for the training of a

veteran participating in such phase if the Secretary determines

that such additional amount is necessary because of the type of

training needed for the particular kind of hazardous waste

remediation involved.

''(i) Reports. - (1) Not later than November 1, 1994, the

Secretary shall submit to Congress an interim report describing the

manner in which the demonstration program under this section is

being carried out, including a detailed description of the number

of grants made, the number of veterans involved, the kinds of

training received, and any job placements that have occurred or

that are anticipated.

''(2) Not later than December 31, 1995, the Secretary shall

submit to Congress a final report containing a description of the

results of the demonstration program with a detailed description of

the number of grants made, the number of veterans involved, the

number of veterans who completed the program, the number of

veterans who were placed in jobs, the number of veterans who failed

to complete the program along with the reasons for such failure,

and any recommendations the Secretary considers to be appropriate.

''(j) Definitions. - For purposes of this section, the terms

'veteran', 'service-connected', 'active duty', and 'active

military, naval, or air service' have the meanings given such terms

in paragraphs (2), (16), (21), and (24), respectively, of section

101 of title 38, United States Code.

''(k) Termination. - Not later than October 1, 1994, the

Secretary shall obligate, in accordance with the provisions of this

section, the funds made available to carry out the demonstration

program under this section.''

IMPROVED COORDINATION OF JOB TRAINING AND PLACEMENT PROGRAMS FOR

MEMBERS OF ARMED FORCES

Pub. L. 102-484, div. D, title XLIV, Sec. 4461, Oct. 23, 1992,

106 Stat. 2738, as amended by Pub. L. 105-277, div. A, Sec. 101(f)

(title VIII, Sec. 405(d)(7)(B), (f)(6)(B)), Oct. 21, 1998, 112

Stat. 2681-337, 2681-419, 2681-430; Pub. L. 105-332, Sec. 3(b),

Oct. 31, 1998, 112 Stat. 3125; Pub. L. 106-398, Sec. 1 ((div. A),

title X, Sec. 1087(g)(7)), Oct. 30, 2000, 114 Stat. 1654,

1654A-294; Pub. L. 107-107, div. A, title X, Sec. 1048(h)(3), Dec.

28, 2001, 115 Stat. 1229, provided that: ''The Secretary of Defense

shall consult with the Secretary of Labor, the Secretary of

Education, the Secretary of Veterans Affairs, and the Economic

Adjustment Committee to improve the coordination of, and eliminate

duplication between, the following job training and placement

programs available to members of the Armed Forces who are

discharged or released from active duty:

''(1) Title I of the Workforce Investment Act of 1998 (29

U.S.C. 2801 et seq.).

''(2) Sections 1143 and 1144 of title 10, United States Code.

''(3) Chapter 41 of title 38, United States Code.

''(4) The Act of August 16, 1937 (Chapter 663; 50 Stat 664; 29

U.S.C. 50 et seq.), commonly known as the National Apprenticeship

Act.

''(5) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).''

PARTICIPATION OF DISCHARGED MILITARY PERSONNEL IN UPWARD BOUND

PROJECTS TO PREPARE FOR COLLEGE

Pub. L. 102-484, div. D, title XLIV, Sec. 4466, Oct. 23, 1992,

106 Stat. 2748, as amended by Pub. L. 103-337, div. A, title V,

Sec. 543(f), Oct. 5, 1994, 108 Stat. 2771; Pub. L. 107-296, title

XVII, Sec. 1704(e)(4), Nov. 25, 2002, 116 Stat. 2315, provided

that:

''(a) Program. - The Secretary of Defense may carry out a program

to assist a member of the Armed Forces described in subsection (b)

who is accepted to participate in an upward bound project assisted

under section 402C of the Higher Education Act of 1965 (20 U.S.C.

1070a-13) to cover the cost of providing services through the

project to the member to assist the member to prepare for and

pursue a program of higher education upon separation from active

duty. Assistance provided under the program may include a stipend

provided under subsection (d) of such section.

''(b) Eligible Members. - A member of the Armed Forces shall be

eligible for assistance under subsection (a) if the member -

''(1) was on active duty or full-time National Guard duty on

September 30, 1990;

''(2) during the five-year period beginning on that date, was

or is discharged or released from such duty (under other than

adverse circumstances); and

''(3) submits an application to the Secretary of Defense within

such time, in such form, and containing such information as the

Secretary of Defense may require.

''(c) Notification of Members Previously Separated. - To the

extent feasible, the Secretary of Defense shall notify members of

the Armed Forces who, between September 30, 1990, and the date of

the enactment of this Act (Oct. 23, 1992), were discharged or

released from active duty or full-time National Guard duty

regarding the availability of the program under subsection (a). The

Secretary may establish a time limit within which such members may

apply to participate in the program.

''(d) Provision of Assistance. -

''(1) Determination of amount. - The amount of assistance

provided under subsection (a) to a member of the Armed Forces

shall be equal to the anticipated cost of providing services to

the member through an upward bound project, subject to the

limitation that such amount may not exceed the monthly basic pay

to which the member is entitled at the time of the separation of

the member. The Secretary of Defense may provide assistance in

excess of that limitation if the Secretary determines, on a case

by case basis, that such assistance is warranted by the special

training needs of the member.

''(2) Consultation. - The Secretary of Education may assist the

Secretary of Defense in determining the amount to be provided

under paragraph (1).

''(e) Use of Assistance. - A member of the Armed Forces who is

selected to participate in the program may receive services through

any upward bound project assisted under section 402C of the Higher

Education Act of 1965 (20 U.S.C. 1070a-13) to the same extent as

other individuals eligible to receive such services. A member may

not participate after the end of the two-year period beginning on

the date on which the member is discharged or released from active

duty, except that, in the case of a member described in subsection

(b) who was discharged or released from active duty before the date

of the enactment of this Act (Oct. 23, 1993), the period for

participation in the program shall be two years from the date of

the enactment of this Act.

''(f) Reimbursement. - Upon submission to the Secretary of

Defense of a request for reimbursement of the costs to provide

services to a participant, the Secretary shall reimburse the upward

bound project submitting the request for the actual cost of

providing services (including a stipend) to the member, not to

exceed the amount provided under subsection (d)(1). Funds provided

under this subsection shall be in addition to the funds otherwise

provided to the project under the Higher Education Act of 1965 (20

U.S.C. 1001 et seq.). Not more than 10 percent of the funds

provided under this subsection may be used for administrative

costs.

''(g) Funding for Fiscal Year 1993. - Of the amount authorized to

be appropriated in section 301 (106 Stat. 2360) for Defense

Agencies, $5,000,000 shall be available to provide assistance under

this section.

''(h) Application to Coast Guard. - The Secretary of Homeland

Security may implement the provisions of this section for the Coast

Guard in the same manner and to the same extent as such section

applies to the Department of Defense.''

SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING

Section 543(g)(2) of Pub. L. 103-337 provided that: ''As soon as

possible after the date of the enactment of this Act (Oct. 5,

1994), the Secretary of Transportation shall implement the

requirements of the Service Members Occupational Conversion and

Training Act of 1992 (subtitle G of title XLIV of Public Law

102-484; 10 U.S.C. 1143 note) for the Coast Guard.''

Pub. L. 102-484, div. D, title XLIV, subtitle G, Oct. 23, 1992,

106 Stat. 2757, as amended by Pub. L. 103-160, div. A, title XIII,

Sec. 1338, Nov. 30, 1993, 107 Stat. 1807; Pub. L. 103-337, div. A,

title V, Sec. 543(g)(1), Oct. 5, 1994, 108 Stat. 2772; Pub. L.

103-446, title VI, Sec. 610(a)(1), (2)(A), (b), (c), Nov. 2, 1994,

108 Stat. 4673; Pub. L. 105-277, div. A, Sec. 101(f) (title VIII,

Sec. 405(d)(7)(D), (f)(6)(D)), Oct. 21, 1998, 112 Stat. 2681-337,

2681-420, 2681-430, provided that:

''SEC. 4481. SHORT TITLE.

''This subtitle (subtitle G (Sec. 4481-4497) of title XLIV of

Pub. L. 102-484) may be cited as the 'Service Members Occupational

Conversion and Training Act of 1992'.

''SEC. 4482. FINDINGS AND PURPOSES.

''(a) Findings. - The Congress finds that -

''(1) the men and women serving in our Nation's Armed Forces

are of the highest caliber - intelligent, dedicated, and

disciplined - and hundreds of thousands of these service members

will be separating from the Armed Forces due to the drawdown in

military personnel;

''(2) these men and women will be entering the civilian

workforce during a time of economic instability and uncertainty;

''(3) many of these service personnel specialized in critical

skills such as combat arms which will not transfer to the

civilian workforce;

''(4) as part of the Nation's obligation to these service

members, the Secretary of Defense has a unique responsibility and

obligation to provide them with the tools they need to be

reassimilated into the civilian community and continue to be

outstanding, productive citizens;

''(5) the rapid placement of separated military personnel in

civilian employment and training opportunities will significantly

reduce the Department of Defense's costs relative to unemployment

compensation for ex-service members;

''(6) military personnel are a national resource whose skills

and abilities must be absorbed by and integrated into the

civilian workforce; and

''(7) providing such training will reduce the total cost of the

drawdown and is important to the national defense function of the

Department of Defense.

''(b) Purpose. - The purpose of this subtitle is to provide

additional means by which the Secretary of Defense can manage the

drawdown of the Armed Forces and to provide additional forms of

assistance to members of the Armed Forces who are forced or induced

to leave military service by reason of the drawdown of the Armed

Forces, thereby facilitating the Secretary's ability to achieve end

strength reductions caused by the drawdown.

''SEC. 4483. DEFINITIONS.

''For the purposes of this subtitle:

''(1) The term 'Secretary' means the Secretary of Defense with

respect to the Department of Defense and the Secretary of

Transportation with respect to the Coast Guard.

''(2) The terms 'veteran', 'compensation', 'service-connected',

'State', and 'active military, naval, or air service' have the

meanings given such terms in paragraphs (2), (13), (16), (20),

and (24), respectively, of section 101 of title 38, United States

Code.

''SEC. 4484. ESTABLISHMENT OF PROGRAM.

''(a) Establishment. - Not later than 60 days after the date of

enactment of this Act (Oct. 23, 1992), the Secretary shall carry

out a program in accordance with this subtitle to assist eligible

persons in obtaining employment through participation in programs

of significant training for employment in stable and permanent

positions. The Secretary may enter into an agreement with the

Secretary of Veterans Affairs, the Secretary of Labor, or both, for

the implementation of the program. The program shall be carried

out through payments to employers who employ and train eligible

persons in such positions. Such payments shall be made to assist

such employers in defraying the costs of necessary training.

''(b) State Agencies. - (1) The implementing official may enter

into contracts or agreements with State approving agencies, as

designated pursuant to section 3671(a) of title 38, United States

Code, or other State agencies to carry out any duty of the

implementing official under this subtitle. Payment may be made to

such agencies pursuant to any such contract or agreement for

reasonable and necessary expenses of salary and travel incurred by

employees of such agencies in carrying out such duties. Each such

payment may be made only from funds available to the implementing

official pursuant to section 4495(a)(3).

''(2) Each State approving agency or other State agency with

which a contract or agreement is entered into under this section

shall submit to the implementing official on a monthly or quarterly

basis, as determined by the agency, a report containing a

certification of such expenses for the period covered by the

report. The report shall be submitted in the form and manner

required by such official.

''(c) Expeditious Implementation. - A requirement in this

subtitle to issue regulations shall not be the basis for a delay in

carrying out this program within the time limit established by

subsection (a).

''SEC. 4485. ELIGIBILITY FOR PROGRAM; PERIOD OF TRAINING.

''(a) In General. - (1) To be eligible for participation in a

program of job training under this subtitle, an eligible person

must be an eligible person described in paragraph (2) who -

''(A)(i) is unemployed at the time of applying for

participation in a program under this subtitle; and

''(ii) has been unemployed for at least 8 of the 15 weeks

immediately preceding the date of such eligible person's

application for participation in a program under this subtitle;

''(B) separates from the active military, naval, or air service

and whose primary or secondary occupational specialty in the

Armed Forces is (as determined under regulations prescribed by

the Secretary and in effect before the date of such separation)

not readily transferable to the civilian workforce; or

''(C) served in the active military, naval, or air service and

is entitled to compensation (or who but for the receipt of

military retired pay would be entitled to compensation) under the

laws administered by the Secretary of Veterans Affairs for a

disability rated at 30 percent or more.

''(2) For purposes of paragraph (1), an eligible person referred

to in paragraph (1) is a veteran who -

''(A) was discharged on or after August 2, 1990; and

''(B)(i) served in the active military, naval, or air service

for a period of more than 90 days; or

''(ii) was discharged or released from active duty because of a

service-connected disability.

''(3) For purposes of paragraph (1), an eligible person shall be

considered to be unemployed during any period such person is

without a job and wants and is available for work. In determining

whether a person is unemployed for purposes of paragraph (1), the

implementing official shall not take into consideration part-time

or temporary employment, as defined by such official.

''(b) Application Process. - (1) An eligible person who desires

to participate in a program of job training under this subtitle

shall submit to the implementing official an application for

participation in such a program. Such an application -

''(A) shall include a certification by the eligible person that

the eligible person meets the criteria for eligibility prescribed

by subparagraph (A), (B), or (C) of subsection (a)(1);

''(B) shall include an opportunity for the eligible person to

request counseling under section 4493(a); and

''(C) shall be in such form and contain such additional

information as such official may prescribe.

''(2)(A) Subject to subparagraph (B), an application by an

eligible person for participation in a program of job training

under this subtitle shall be approved unless the implementing

official finds that the eligible person is not eligible to

participate in a program of job training under this subtitle.

''(B) Approval of an application of an eligible person under this

subtitle may be withheld if the implementing official determines

that, because of limited funds available for the purpose of making

payments to employers under this subtitle, it is necessary to limit

the number of participants in the program carried out under this

subtitle.

''(3)(A) Subject to section 4491(c), the implementing official

shall certify as eligible for participation under this subtitle an

eligible person whose application is approved under this subsection

and shall furnish the eligible person with a certificate of that

eligible person's eligibility for presentation to an employer

offering a program of job training under this subtitle. Any such

certificate shall expire 180 days after it is furnished to the

eligible person. The date on which a certificate is furnished to

an eligible person under this paragraph shall be stated on the

certificate.

''(B) A certificate furnished under this paragraph may, upon the

eligible person's application, be renewed in accordance with the

terms and conditions of subparagraph (A).

''(c) Appeal of Denial of Certificate. - The implementing

official shall permit each eligible person who is not issued a

certificate of eligibility under subsection (b) (other than an

eligible person who is not issued such a certificate by reason of

subsection (b)(2)(B)) to challenge in a hearing before the

implementing official the decision of the implementing official not

to issue the certificate. The implementing official shall

prescribe procedures with respect to the initiation and conduct of

hearings under this subsection.

''(d) Period of Training. - An employer shall provide a period of

training under a program of job training under this subtitle of not

less than 6 months in a field of employment providing a reasonable

probability of stable, long-term employment.

''SEC. 4486. APPROVAL OF EMPLOYER PROGRAMS.

''(a) In General. - (1) An employer may be paid assistance under

section 4487(a) on behalf of an eligible person employed by such

employer and participating in a program of job training offered by

that employer only if the program is approved under this section.

''(2) Except as provided in subsection (b), a proposed program of

job training of an employer shall be approved unless the

implementing official determines that the application does not

contain a certification and other information meeting the

requirements established under this subtitle or that withholding of

approval is warranted under subsection (g).

''(b) Ineligible Programs. - A program of job training -

''(1) for employment which consists of seasonal, intermittent,

or temporary jobs;

''(2) for employment under which commissions are the primary

source of income;

''(3) for employment which involves political or religious

activities;

''(4) for employment with any department, agency,

instrumentality, or branch of the Federal Government (including

the United States Postal Service and the Postal Rate Commission);

or

''(5) for employment outside of a State,

may not be approved under this subtitle.

''(c) Application. - An employer offering a program of job

training that the employer desires to have approved for the

purposes of this subtitle shall submit to the implementing official

a written application for such approval. Such application shall be

in such form as such official shall prescribe.

''(d) Certification. - An application under subsection (c) shall

include a certification by the employer of the following:

''(1) That the employer is planning that, upon an eligible

person's completion of the program of job training, the employer

will employ the eligible person in a position for which the

eligible person has been trained and that the employer expects

that such a position will be available on a stable and permanent

basis to the eligible person at the end of the training period.

''(2) That the wages and benefits to be paid to an eligible

person participating in the employer's program of job training

will be not less than the wages and benefits normally paid to

other employees participating in the same or a comparable program

of job training in the community for the entire period of

training of the eligible person.

''(3) That the employment of an eligible person under the

program -

''(A) will not result in the displacement of currently

employed workers (including partial displacement such as a

reduction in the hours of nonovertime work, wages, or

employment benefits); and

''(B) will not be in a job (i) while any other individual is

on layoff from the same or any substantially equivalent job, or

(ii) the opening for which was created as a result of the

employer having terminated the employment of any regular

employee or otherwise having reduced its work force with the

intention of hiring an eligible person in such job under this

subtitle.

''(4) That the employer will not employ in the program of job

training an eligible person who is already qualified by training

and experience for the job for which training is to be provided.

''(5) That the job which is the objective of the training

program is one that involves significant training.

''(6) That the training content of the program is adequate, in

light of the nature of the occupation for which training is to be

provided and of comparable training opportunities in such

occupation, to accomplish the training objective certified under

paragraph (2) of subsection (e).

''(7) That each participating eligible person will be employed

full time in the program of job training.

''(8) That the training period under the proposed program is

not longer than the training periods that employers in the

community customarily require new employees to complete in order

to become competent in the occupation or job for which training

is to be provided.

''(9) That there are in the training establishment or place of

employment such space, equipment, instructional material, and

instructor personnel as are needed to accomplish the training

objective certified under subsection (e)(2).

''(10) That the employer will keep records adequate to show the

progress made by each eligible person participating in the

program and otherwise to demonstrate compliance with the

requirements established under this subtitle.

''(11) That the employer will furnish each participating

eligible person, before the eligible person's entry into

training, with a copy of the employer's certification under this

subsection and will obtain and retain the eligible person's

signed acknowledgment of having received such certification.

''(12) That, as applicable, the employer will provide each

participating eligible person with the full opportunity to

participate in a personal interview pursuant to section

4493(b)(1)(B) during the eligible person's normal workday.

''(13) That the program meets such other criteria as the

Secretary, in consultation with the Secretary of Veterans Affairs

and the Secretary of Labor, may determine are essential for the

effective implementation of the program established by this

subtitle.

''(e) Hours and Training Content. - A certification under

subsection (d) shall include -

''(1) a statement indicating (A) the total number of hours of

participation in the program of job training to be offered an

eligible person, (B) the length of the program of job training,

and (C) the starting rate of wages to be paid to a participant in

the program; and

''(2) a description of the training content of the program

(including any agreement the employer has entered into with an

educational institution under section 4489) and of the objective

of the training.

''(f) Status of Certified Matters. - (1) Except as specified in

paragraph (2), each matter required to be certified to in

paragraphs (1) through (11) of subsection (d) shall be considered

to be a requirement established under this subtitle.

''(2)(A) For the purposes of section 4487(c), only matters

required to be certified in paragraphs (1) through (10) of

subsection (d) shall be so considered.

''(B) For the purposes of section 4490, a matter required to be

certified under paragraph (12) of subsection (d) shall also be so

considered.

''(g) Withholding Approval; Disapproval. - In accordance with

regulations which the Secretary shall prescribe, the implementing

official may withhold approval of an employer's proposed program of

job training pending the outcome of an investigation under section

4491 and, based on the outcome of such an investigation, may

disapprove such program.

''(h) On-Job Training. - For the purposes of this section,

approval of a program of apprenticeship or other on-job training

for the purposes of section 3687 of title 38, United States Code,

shall be considered to meet all requirements established under the

provisions of this subtitle (other than subsection (b) and (d)(3))

for approval of a program of job training.

''SEC. 4487. PAYMENTS TO EMPLOYERS; OVERPAYMENT.

''(a) Payments. - (1)(A) Except as provided in subsections (b)

and (c) and subject to section 4485(d), the implementing official

shall make payments to employers in accordance with this section.

The amount payable to such an employer on behalf of an eligible

person with respect to an approved program of job training under

this subtitle shall be determined by such official at the beginning

of such program. Except as provided in subparagraphs (B) and (C),

that amount shall be equal to 50 percent of the product of (i) the

starting hourly rate of wages paid to the eligible person by the

employer (without regard to overtime or premium pay), and (ii) the

number of hours to be worked by the eligible person during the

entire program period but in no event to exceed hours equivalent to

18 months of training.

''(B) In no case may the amount determined under subparagraph (A)

exceed -

''(i) $12,000 for an eligible person with a service-connected

disability rated at 30 percent or more; or

''(ii) $10,000 for an eligible person not described in clause

(i).

''(C) Assistance may be paid under this subtitle on behalf of an

eligible person to that person's employer for training under two or

more programs of job training under this subtitle if such employer

has not received (or is not due) on that person's behalf assistance

in an amount aggregating the applicable amount set forth in

subparagraph (B).

''(b) Payment Period. - (1) Except as provided in paragraphs (2)

and (3), the implementing official shall pay training assistance to

employers under this section on a quarterly basis.

''(2) The implementing official may pay training assistance to an

employer on a monthly basis if the implementing official determines

(pursuant to regulations prescribed by the implementing official)

that the number of employees of the employer is such that the

payment of assistance on a quarterly basis would be burdensome to

the employer.

''(3) The implementing official shall withhold 25 percent of each

payment due under this subsection with respect to an eligible

person. The total amount withheld with respect to an eligible

person under this paragraph shall be paid to the employer at the

end of the four month period of employment of such person under

this subtitle beginning on the date of completion of training, or

upon the completion of the 18th month of training under the last

training program approved for the person's pursuit with that

employer under this subtitle, whichever is earlier.

''(c) Tools and Other Work-Related Materials. - In addition to

payments under subsection (a), the implementing official shall

reimburse the employer for the cost of tools and other work-related

materials necessary for the eligible person's participation in the

program of job training in an amount up to $500 if the employer

presents to the implementing official a certification signed by the

employer and eligible person that -

''(1) tools and other work-related materials are necessary for

the eligible person's participation in the job training program,

''(2) the eligible person bought the tools and other

work-related materials, and

''(3) the employer paid the eligible person for the cost of the

tools and other work-related materials.

''(d) Overpayments. - (1)(A) Whenever the implementing official

finds that an overpayment under this subtitle has been made to an

employer on behalf of an eligible person as a result of a

certification, or information contained in an application,

submitted by an employer which was false in any material respect,

the amount of such overpayment shall constitute a liability of the

employer to the United States.

''(B) Whenever such official finds that an employer has failed in

any substantial respect to comply for a period of time with a

requirement established under this subtitle (unless the employer's

failure is the result of false or incomplete information provided

by the eligible person), each amount paid to the employer on behalf

of an eligible person for that period shall be considered to be an

overpayment under this subtitle, and the amount of such overpayment

shall constitute a liability of the employer to the United States.

''(2) Whenever such official finds that an overpayment under this

subtitle has been made to an employer on behalf of an eligible

person as a result of a certification by the eligible person, or as

a result of information provided to an employer or contained in an

application submitted by the eligible person, which was willfully

or negligently false in any material respect, the amount of such

overpayment shall constitute a liability of the eligible person to

the United States.

''(3) Any overpayment referred to in paragraph (1) or (2) may be

recovered in the same manner as any other debt due the United

States. Any overpayment recovered shall be credited to funds

available to make payments under this subtitle. If there are no

such funds, any overpayment recovered shall be deposited into the

Treasury.

''(4) Any overpayment referred to in paragraph (1) or (2) may be

waived, in whole or in part, in accordance with the terms and

conditions set forth in section 5302 of title 38, United States

Code.

''(e) Limitations. - (1) Payment may not be made to an employer

for a period of training under this subtitle on behalf of an

eligible person until the implementing official has received -

''(A) from the eligible person, a certification that the

eligible person was employed full time by the employer in a

program of job training during such period; and

''(B) from the employer, a certification -

''(i) that the eligible person was employed by the employer

during that period and that the eligible person's performance

and progress during such period were satisfactory; and

''(ii) of the number of hours worked by the eligible person

during that period.

With respect to the first such certification by an employer with

respect to an eligible person, the certification shall indicate the

date on which the employment of the eligible person began and the

starting hourly rate of wages paid to the eligible person (without

regard to overtime or premium pay).

''(2) Payment may not be made to an employer for a period of

training under this subtitle on behalf of an eligible person for

which a request for payment is made after two years after the date

on which that period of training ends.

''SEC. 4488. ENTRY INTO PROGRAM OF JOB TRAINING.

''(a) In General. - Notwithstanding any other provision of this

subtitle, the implementing official shall withhold or deny approval

of an eligible person's entry into an approved program of job

training if such official determines that funds are not available

to make payments under this subtitle on behalf of the eligible

person to the employer offering that program. Before the entry of

an eligible person into an approved program of job training of an

employer for purposes of assistance under this subtitle, the

employer shall notify such official of the employer's intention to

employ that eligible person. The eligible person may begin such

program of job training with the employer on the day that notice is

transmitted to such official by means prescribed by such official.

However, assistance under this subtitle may not be provided to the

employer if such official, within two weeks after the date on which

such notice is transmitted, disapproves the eligible person's entry

into that program of job training in accordance with this section.

''(b) Period for Commencement of Participation Under Certificate.

- An eligible person who is issued a certificate of eligibility for

participation in a program of job training under this subtitle

shall commence participation in such a program not more than 180

days after the date of the issuance of the certificate. The date

on which a certificate is furnished to an eligible person shall be

stated on the certificate.

''SEC. 4489. PROVISION OF TRAINING THROUGH EDUCATIONAL

INSTITUTIONS.

''An employer may enter into an agreement with an educational

institution that has been approved for the purposes of chapter 106

of title 10, United States Code, or any other institution offering

a program of job training, as approved by the Secretary of Veterans

Affairs, in order that such institution may provide a program of

job training (or a portion of such a program) under this subtitle.

When such an agreement has been entered into, the application of

the employer under section 4486 shall so state and shall include a

description of the training to be provided under the agreement.

''SEC. 4490. DISCONTINUANCE OF APPROVAL OF PARTICIPATION IN CERTAIN

EMPLOYER PROGRAMS.

''(a) Failure To Meet Requirements. - If the implementing

official finds at any time that a program of job training

previously approved for the purposes of this subtitle thereafter

fails to meet any of the requirements established under this

subtitle, such official may immediately disapprove further

participation by eligible persons in that program. Such official

shall provide to the employer concerned, and to each eligible

person participating in the employer's program, a statement of the

reasons for, and an opportunity for a hearing with respect to, such

disapproval. The employer and each such eligible person shall be

notified of such disapproval, the reasons for such disapproval, and

the opportunity for a hearing. Notification shall be by a

certified or registered letter, and a return receipt shall be

secured.

''(b) Rate of Completion. - (1) If the implementing official

determines that the rate of eligible persons' successful completion

of an employer's programs of job training previously approved for

the purposes of this subtitle is disproportionately low because of

deficiencies in the quality of such programs, such official shall

disapprove participation in such programs on the part of eligible

persons who had not begun such participation on the date that the

employer is notified of the disapproval. In determining whether

any such rate is disproportionately low because of such

deficiencies, such official shall take into account appropriate

data, including -

''(A) the quarterly data provided by the Secretary of Labor

with respect to the number of eligible persons who receive

counseling in connection with training under this subtitle, are

referred to employers under this subtitle, participate in job

training under this subtitle, and complete such training or do

not complete such training, and the reasons for noncompletion;

and

''(B) data compiled through the particular employer's

compliance surveys.

''(2) With respect to a disapproval under paragraph (1), the

implementing official shall provide to the employer concerned the

kind of statement, opportunity for hearing, and notice described in

subsection (a).

''(3) A disapproval under paragraph (1) shall remain in effect

until such time as the implementing official determines that

adequate remedial action has been taken.

''SEC. 4491. INSPECTION OF RECORDS; INVESTIGATIONS.

''(a) Records. - The records and accounts of employers pertaining

to eligible persons on behalf of whom assistance has been paid

under this subtitle, as well as other records that the implementing

official determines to be necessary to ascertain compliance with

the requirements established under this subtitle, shall be

available at reasonable times for examination by authorized

representatives of the Federal Government.

''(b) Compliance Monitoring. - Such official may monitor

employers and eligible persons participating in programs of job

training under this subtitle to determine compliance with the

requirements established under this subtitle.

''(c) Investigations. - Such official may investigate any matter

such official considers necessary to determine compliance with the

requirements established under this subtitle. The investigations

authorized by this subsection may include examining records

(including making certified copies of records), questioning

employees, and entering into any premises or onto any site where

any part of a program of job training is conducted under this

subtitle, or where any of the records of the employer offering or

providing such program are kept.

''(d) Department of Labor. - Functions may be administered under

subsections (b) and (c) in accordance with an agreement between the

Secretary and the Secretary of Labor providing for the

administration of such subsections (or any portion of such

subsections) by the Department of Labor. Under such an agreement,

any entity of the Department of Labor specified in the agreement

may administer such subsections.

''SEC. 4492. COORDINATION WITH OTHER PROGRAMS.

''(a) Veterans Education Programs. - (1) Assistance may not be

paid under this subtitle to an employer on behalf of an eligible

person for any period of time described in paragraph (2) and to

such eligible person under chapter 30, 31, 32, 35, or 36 of title

38, United States Code, or chapter 106 of title 10, United States

Code, for the same period of time.

''(2) A period of time referred to in paragraph (1) is the period

of time beginning on the date on which the eligible person enters

into an approved program of job training of an employer for

purposes of assistance under this subtitle and ending on the last

date for which such assistance is payable.

''(b) Other Training and Employment. - Assistance may not be paid

under this subtitle to an employer on behalf of an eligible person

for any period if the employer receives for that period any other

form of assistance on account of the training or employment of the

eligible person, including assistance under title I of the

Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or a

credit under section 51 of the Internal Revenue Code of 1986 (26

U.S.C. 51) (relating to credit for employment of certain new

employees).

''(c) Previous Completion of Program. - Assistance may not be

paid under this subtitle on behalf of an eligible person who has

completed a program of job training under this subtitle.

''(d) Promotion. - (1) In carrying out section 3116(b) of title

38, United States Code, the Secretary of Veterans Affairs shall

take all feasible steps to establish and encourage, for eligible

persons who are eligible to have payments made on their behalf

under such section, the development of training opportunities

through programs of job training under this subtitle.

''(2) The Secretary of Veterans Affairs, in cooperation with the

implementing official (unless the Secretary of Veterans Affairs is

the implementing official), shall take all feasible steps to ensure

that, in the cases of eligible persons who are eligible to have

payments made on their behalf under both this subtitle and section

3116(b) of title 38, United States Code, the authority under such

section is utilized, to the maximum extent feasible and consistent

with the eligible person's best interests, to make payments to

employers on behalf of such eligible persons.

''SEC. 4493. COUNSELING.

''(a) In General. - The implementing official shall, upon

request, provide, by contract or otherwise, employment counseling

services to any eligible person eligible to participate under this

subtitle in order to assist such eligible person in selecting a

suitable program of job training under this subtitle.

''(b) Case Manager. - (1) The implementing official shall provide

for a program under which -

''(A) except as provided in paragraph (2), a disabled veteran's

outreach program specialist appointed under section 4103A(a) of

title 38, United States Code, is assigned as a case manager for

each eligible person participating in a program of job training

under this subtitle;

''(B) the eligible person has an in-person interview with the

case manager not later than 60 days after entering into a program

of training under this subtitle; and

''(C) periodic (not less frequent than monthly) contact is

maintained with each such eligible person for the purpose of (i)

avoiding unnecessary termination of employment, (ii) referring

the eligible person to appropriate counseling, if necessary,

(iii) facilitating the eligible person's successful completion of

such program, and (iv) following up with the employer and the

eligible person in order to determine the eligible person's

progress in the program and the outcome regarding the eligible

person's participation in and successful completion of the

program.

''(2) No case manager shall be assigned pursuant to paragraph

(1)(A) -

''(A) for an eligible person if, on the basis of a

recommendation made by a disabled veterans' outreach program

specialist, the implementing official determines that there is no

need for a case manager for such eligible person; or

''(B) in the case of the employees of an employer, if the

implementing official determines that -

''(i) the employer has an appropriate and effective employee

assistance program that is available to all eligible persons

participating in the employer's programs of job training under

this subtitle; or

''(ii) the rate of eligible persons' successful completion of

the employer's programs of job training under this subtitle,

either cumulatively or during the previous program year, is 60

percent or higher.

''(3) The implementing official shall provide, to the extent

feasible, a program of counseling or other services designed to

resolve difficulties that may be encountered by eligible persons

during their training under this subtitle. Such counseling or

other services shall be similar to the counseling and other

services provided under sections 1712A, 3697A, 4103A, 4104, 7723,

and 7724 of title 38, United States Code, and section 1144 of title

10, United States Code.

''(c) Case Manager Required. - Before an eligible person who

voluntarily terminates from a program of job training under this

subtitle or is involuntarily terminated from such program by the

employer may be eligible to be provided with a further certificate,

or renewal of certification, of eligibility for participation under

this subtitle, such eligible person must be provided by the

Secretary of Labor, after consultation with the implementing

official, with a case manager.

''SEC. 4494. INFORMATION AND OUTREACH; USE OF AGENCY RESOURCES.

''(a) In General. - (1) The Secretary, the Secretary of Veterans

Affairs, and the Secretary of Labor shall jointly provide for an

outreach and public information program -

''(A) to inform eligible persons about the employment and job

training opportunities available under this subtitle and under

other provisions of law; and

''(B) to inform private industry and business concerns

(including small business concerns), public agencies and

organizations, educational institutions, trade associations, and

labor unions about the job training opportunities available

under, and the advantages of participating in, the program

established by this subtitle.

''(2) The Secretary, in consultation with the Secretary of Labor

and the Secretary of Veterans Affairs, shall promote the

development of employment and job training opportunities for

eligible persons by encouraging potential employers to make

programs of job training under this subtitle available for eligible

persons, by advising other appropriate Federal departments and

agencies of the program established by this subtitle, and by

advising employers of applicable responsibilities under chapters 41

and 42 of title 38, United States Code, with respect to eligible

persons.

''(b) Coordination. - The Secretary, the Secretary of Veterans

Affairs, and the Secretary of Labor shall coordinate the outreach

and public information program under subsection (a)(1), and job

development activities under subsection (a)(2), with job

counseling, placement, job development, and other services provided

for under chapters 41 and 42 of title 38, United States Code, and

with other similar services offered by other public agencies and

organizations.

''(c) Agency Resources. - (1) The Secretary, the Secretary of

Veterans Affairs, and the Secretary of Labor shall make available

such personnel as are necessary to facilitate the effective

implementation of this subtitle.

''(2) In carrying out the responsibilities of the Secretary of

Labor under this subtitle, the Secretary of Labor shall make

maximum use of the services of Directors and Assistant Directors

for Veterans' Employment and Training, disabled veterans' outreach

program specialists, and employees of local offices, appointed

pursuant to sections 4103, 4103A, and 4104 of title 38, United

States Code. To the extent that the implementing official withholds

approval of eligible persons' applications under this subtitle

pursuant to section 4485(b)(2)(B), the Secretary of Labor shall

take steps to assist such eligible persons in taking advantage of

opportunities that may be available to them under any other program

carried out with funds provided by the Secretary of Labor.

''(d) Small Business. - The implementing official shall request

and obtain from the Administrator of the Small Business

Administration a list of small business concerns and shall, on a

regular basis, update such list. Such list shall be used to

identify and promote possible training and employment opportunities

for eligible persons.

''(e) Assistance To Participate. - The Secretary, the Secretary

of Veterans Affairs, and the Secretary of Labor shall assist

eligible persons and employers desiring to participate under this

subtitle in making application and completing necessary

certifications.

''(f) Collection of Certain Information. - The Secretary of Labor

shall, on a not less frequent than quarterly basis, collect and

compile from the heads of State employment services and Directors

for Veterans' Employment and Training for each State information

available to such heads and Directors, and derived from programs

carried out in their respective States, with respect to the numbers

of eligible persons who receive counseling services pursuant to

section 4493, who are referred to employers participating under

this subtitle, who participate in programs of job training under

this subtitle (including a description of the nature of the

training and salaries that are part of such programs), and who

complete such programs, and the reasons for eligible persons'

noncompletion.

''SEC. 4495. AUTHORIZATION OF APPROPRIATIONS.

''(a) In General. - (1) Of the amounts authorized to be

appropriated in section 301 (106 Stat. 2360) for Defense Agencies,

$75,000,000 shall be made available for the purpose of making

payments to employers under this subtitle. Of the amounts made

available pursuant to section 1302(a) of the National Defense

Authorization Act for Fiscal Year 1994 (Pub. L. 103-160, 107 Stat.

1783), $25,000,000 shall be made available for the purpose of

making payments to employers under this subtitle. The Secretary of

Veterans Affairs and the Secretary of Labor shall submit an

estimate to the Secretary of the amount needed to carry out any

agreement entered into under section 4484(a), including

administrative costs referred to in paragraph (3). Such agreements

shall include administrative procedures to ensure the prompt and

timely payments to employers by the implementing official.

''(2) Amounts made available pursuant to this section for a

fiscal year shall remain available until the end of the second

fiscal year following the fiscal year in which such amounts were

appropriated.

''(3) Of the amounts made available pursuant to this section for

a fiscal year, six percent of such amounts may be used for the

purpose of administering this subtitle, including reimbursing

expenses incurred.

''(b) Availability of Deobligated Funds. - Notwithstanding any

other provision of law, any funds made available pursuant to this

section for a fiscal year which are obligated for the purpose of

making payments under section 4487 on behalf of an eligible person

(including funds so obligated which previously had been obligated

for such purpose on behalf of another eligible person and were

thereafter deobligated) and are later deobligated shall immediately

upon deobligation become available to the implementing official for

obligation for such purpose. The further obligation of such funds

by such official for such purpose shall not be delayed, directly or

indirectly, in any manner by any officer or employee in the

executive branch.

''SEC. 4496. TIME PERIODS FOR APPLICATION AND INITIATION OF

TRAINING.

''Assistance may not be paid to an employer under this subtitle -

''(1) on behalf of an eligible person who initially applies for

a program of job training under this subtitle after September 30,

1996; or

''(2) for any such program which begins after March 31, 1997.

''SEC. 4497. TREATMENT OF CERTAIN PROVISIONS OF LAW UPON TRANSFER

OF AMOUNTS PROVIDED UNDER THIS ACT.

''(a) Contingent Amendment. - If a transfer is made in accordance

with section 4501(c) of the full amount of the amount provided

under section 4495(a) for the program established under section

4484(a), then, effective as of the date of the enactment of this

Act (Oct. 23, 1992), the first sentence of section 4484(a) is

amended by striking 'the Secretary shall carry out' and inserting

'the Secretary may carry out'.

''(b) Publication in the Federal Register. - If the transfer

described in subsection (a) is made, then the Secretary of Defense

shall promptly publish in the Federal Register a notice of such

transfer. Such notice shall specify the date on which such

transfer occurred.''

(Section 610(a)(2)(B) of Pub. L. 103-446 provided that: ''The

amendment made by subparagraph (A) (amending section 4486(d)(2) of

Pub. L. 102-484, set out above) shall apply with respect to

programs of training under the Service Members Occupational

Conversion and Training Act of 1992 (subtitle G of title XLIV of

Pub. L. 102-484, set out above) beginning after the date of the

enactment of this Act (Nov. 2, 1994).'')

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1144 of this title.

-CITE-

10 USC Sec. 1143a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1143a. Encouragement of postseparation public and community

service

-STATUTE-

(a) In General. - The Secretary of Defense shall implement a

program to encourage members and former members of the armed forces

to enter into public and community service jobs after discharge or

release from active duty.

(b) Personnel Registry. - The Secretary shall maintain a registry

of members and former members of the armed forces discharged or

released from active duty who request registration for assistance

in pursuing public and community service job opportunities. The

registry shall include information on the particular job skills,

qualifications, and experience of the registered personnel.

(c) Registry of Public Service and Community Service

Organizations. - The Secretary shall also maintain a registry of

public service and community service organizations. The registry

shall contain information regarding each organization, including

its location, its size, the types of public and community service

positions in the organization, points of contact, procedures for

applying for such positions, and a description of each such

position that is likely to be available. Any such organization may

request registration under this subsection and, subject to

guidelines prescribed by the Secretary, be registered.

(d) Assistance To Be Provided. - (1) The Secretary shall actively

attempt to match personnel registered under subsection (b) with

public and community service job opportunities and to facilitate

job-seeking contacts between such personnel and the employers

offering the jobs.

(2) The Secretary shall offer personnel registered under

subsection (b) counselling services regarding -

(A) public service and community service organizations; and

(B) procedures and techniques for qualifying for and applying

for jobs in such organizations.

(3) The Secretary may provide personnel registered under

subsection (b) with access to the interstate job bank program of

the United States Employment Service if the Secretary determines

that such program meets the needs of separating members of the

armed forces for job placement.

(e) Consultation Requirement. - In carrying out this section, the

Secretary shall consult closely with the Secretary of Labor, the

Secretary of Veterans Affairs, the Secretary of Education, the

Director of the Office of Personnel Management, appropriate

representatives of State and local governments, and appropriate

representatives of businesses and nonprofit organizations in the

private sector.

(f) Delegation. - The Secretary, with the concurrence of the

Secretary of Labor, may designate the Secretary of Labor as the

executive agent of the Secretary of Defense for carrying out all or

part of the responsibilities provided in this section. Such a

designation does not relieve the Secretary of Defense from the

responsibility for the implementation of the provisions of this

section.

(g) Definitions. - In this section, the term ''public service and

community service organization'' includes the following

organizations:

(1) Any organization that provides the following services:

(A) Elementary, secondary, or postsecondary school teaching

or administration.

(B) Support of such teaching or school administration.

(C) Law enforcement.

(D) Public health care.

(E) Social services.

(F) Any other public or community service.

(2) Any nonprofit organization that coordinates the provision

of services described in paragraph (1).

(h) Coast Guard. - This section shall apply to the Coast Guard in

the same manner and to the same extent as it applies to the

Department of Defense. The Secretary of Homeland Security shall

implement the requirements of this section for the Coast Guard.

-SOURCE-

(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4462(a)(1), Oct.

23, 1992, 106 Stat. 2738; amended Pub. L. 103-337, div. A, title

V, Sec. 542(a)(3), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (h). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1994 - Pub. L. 103-337, Sec. 542(a)(3)(A), struck out '':

Department of Defense'' after ''service'' in section catchline.

Subsec. (h). Pub. L. 103-337, Sec. 542(a)(3)(B), added subsec.

(h).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable only to members of the

Coast Guard who are separated after Sept. 30, 1994, see section

542(e) of Pub. L. 103-337, set out as a note under section 1141 of

this title.

PROGRAM OF EDUCATIONAL LEAVE RELATING TO CONTINUING PUBLIC AND

COMMUNITY SERVICE

Section 4463 of Pub. L. 102-484, as amended by Pub. L. 103-160,

div. A, title V, Sec. 561(o), Nov. 30, 1993, 107 Stat. 1668; Pub.

L. 105-261, div. A, title V, Sec. 561(g), Oct. 17, 1998, 112 Stat.

2025; Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 571(g)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-134; Pub. L. 107-296, title

XVII, Sec. 1704(e)(3), Nov. 25, 2002, 116 Stat. 2315, provided

that:

''(a) Program. - Under regulations prescribed by the Secretary of

Defense and subject to subsections (b) and (c), the Secretary

concerned may grant to an eligible member of the Armed Forces a

leave of absence for a period not to exceed one year for the

purpose of permitting the member to pursue a program of education

or training (including an internship) for the development of skills

that are relevant to the performance of public and community

service. A program of education or training referred to in the

preceding sentence includes any such program that is offered by the

Department of Defense or by any civilian educational or training

institution.

''(b) Eligibility Requirement. - (1) A member may not be granted

a leave of absence under this section unless the member agrees in

writing -

''(A) diligently to pursue employment in public service and

community service organizations upon the separation of the member

from active duty in the Armed Forces; and

''(B) to serve in the Ready Reserve of an armed force, upon

such separation, for a period of 4 months for each month of the

period of the leave of absence.

''(2)(A) A member may not be granted a leave of absence under

this section until the member has completed any period of extension

of enlistment or reenlistment, or any period of obligated active

duty service, that the member has incurred under section 708 of

title 10, United States Code.

''(B) The Secretary concerned may waive the limitation in

subparagraph (A) for a member who enters into an agreement with the

Secretary for the member to serve in the Ready Reserve of a reserve

component for a period equal to the uncompleted portion of the

member's period of service referred to in that subparagraph. Any

such period of agreed service in the Ready Reserve shall be in

addition to any other period that the member is obligated to serve

in a reserve component.

''(c) Treatment of Leave of Absence. - A leave of absence under

this section shall be subject to the provisions of subsections (c)

and (d) of section 708 of title 10, United States Code.

''(d) Exclusion From End Strength Limitation. - A member of the

Armed Forces, while on leave granted pursuant to this section, may

not be counted for purposes of any provision of law that limits the

active duty strength of the member's armed force.

''(e) Definitions. - In this section:

''(1) The term 'Secretary concerned' has the meaning given such

term in section 101 of title 10, United States Code.

''(2) The term 'eligible member of the Armed Forces' means a

member of the Armed Forces who is eligible for an educational

leave of absence under section 708(e) of such title.

''(3) The term 'public service and community service

organization' has the meaning given such term in section 1143a of

such title (as added by section 531(a)).

''(f) Expiration. - The authority to grant a leave of absence

under subsection (a) shall expire on December 31, 2001.''

INCREASED EARLY RETIREMENT RETIRED PAY FOR PUBLIC OR COMMUNITY

SERVICE

Section 4464 of Pub. L. 102-484 provided that:

''(a) Recomputation of Retired Pay. - (1) If a member or former

member of the Armed Forces retired under section 4403(a) (10 U.S.C.

1293 note) or any other provision of law authorizing retirement

from the Armed Forces (other than for disability) before the

completion of at least 20 years of active duty service (as computed

under the applicable provision of law) is employed by a public

service or community service organization listed on the registry

maintained under section 1143a(c) of title 10, United States Code

(as added by section 4462(a)), within the period of the member's

enhanced retirement qualification period, the member's or former

member's retired or retainer pay shall be recomputed effective on

the first day of the first month beginning after the date on which

the member or former member attains 62 years of age.

''(2) For purposes of recomputing a member's or former member's

retired pay -

''(A) the years of the member's or former member's employment

by a public service or community service organization referred to

in paragraph (1) during the member's or former member's enhanced

retirement qualification period shall be treated as years of

active duty service in the Armed Forces; and

''(B) in applying section 1401a of title 10, United States

Code, the member's or former member's years of active duty

service shall be deemed as of the date of retirement to have

included the years of employment referred to in subparagraph (A).

''(3) Section 1405(b) of title 10, United States Code, shall

apply in determining years of service under this subsection.

''(4) In this subsection, the term 'enhanced retirement

qualification period', with respect to a member or former member

retired under a provision of law referred to in paragraph (1),

means the period beginning on the date of the retirement of the

member or former member and ending the number of years (including

any fraction of a year) after that date which when added to the

number of years (including any fraction of a year) of service

credited for purposes of computing the retired pay of the member or

former member upon retirement equals 20 years.

''(b) SBP Annuities. - (1) Effective on the first day of the

first month after a member or former member of the Armed Forces

retired under a provision of law referred to in subsection (a)(1)

attains 62 years of age or, in the event of death before attaining

that age, would have attained that age, the base amount applicable

under section 1447(2) (see 1447(6)) of title 10, United States

Code, to any Survivor Benefit Plan annuity provided by that member

or former member shall be recomputed. For the recomputation the

total years (including any fraction of a year) of the member's or

former member's active service shall be treated as having included

the member's or former member's years (including any fraction of a

year) of employment referred to in subsection (a)(1) as of the date

when the member or former member became eligible for retired pay

under this section.

''(2) In this subsection, the term 'Survivor Benefit Plan' means

the plan established under subchapter II of chapter 73 of title 10,

United States Code.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1142, 1144 of this title;

title 42 section 12622.

-CITE-

10 USC Sec. 1144 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1144. Employment assistance, job training assistance, and

other transitional services: Department of Labor

-STATUTE-

(a) In General. - (1) The Secretary of Labor, in conjunction with

the Secretary of Defense, the Secretary of Homeland Security, and

the Secretary of Veterans Affairs, shall establish and maintain a

program to furnish counseling, assistance in identifying employment

and training opportunities, help in obtaining such employment and

training, and other related information and services to members of

the armed forces under the jurisdiction of the Secretary concerned

who are being separated from active duty and the spouses of such

members. Such services shall be provided to a member within the

time periods provided under paragraph (3) of section 1142(a) of

this title, except that the Secretary concerned shall not provide

preseparation counseling to a member described in paragraph (4)(A)

of such section.

(2) The Secretary of Defense, the Secretary of Homeland Security,

and the Secretary of Veterans Affairs shall cooperate with the

Secretary of Labor in establishing and maintaining the program

under this section.

(3) The Secretaries referred to in paragraph (1) shall enter into

a detailed agreement to carry out this section.

(b) Elements of Program. - In establishing and carrying out a

program under this section, the Secretary of Labor shall do the

following:

(1) Provide information concerning employment and training

assistance, including (A) labor market information, (B) civilian

work place requirements and employment opportunities, (C)

instruction in resumeAE1 preparation, and (D) job analysis

techniques, job search techniques, and job interview techniques.

(2) In providing information under paragraph (1), use

experience obtained from implementation of the pilot program

established under section 408 of Public Law 101-237.

(3) Provide information concerning Federal, State, and local

programs, and programs of military and veterans' service

organizations, that may be of assistance to such members after

separation from the armed forces, including, as appropriate, the

information and services to be provided under section 1142 of

this title.

(4) Inform such members that the Department of Defense and the

Department of Homeland Security are required under section

1143(a) of this title to provide proper certification or

verification of job skills and experience acquired while on

active duty that may have application to employment in the

civilian sector for use in seeking civilian employment and in

obtaining job search skills.

(5) Provide information and other assistance to such members in

their efforts to obtain loans and grants from the Small Business

Administration and other Federal, State, and local agencies.

(6) Provide information about the geographic areas in which

such members will relocate after separation from the armed

forces, including, to the degree possible, information about

employment opportunities, the labor market, and the cost of

living in those areas (including, to the extent practicable, the

cost and availability of housing, child care, education, and

medical and dental care).

(7) Work with military and veterans' service organizations and

other appropriate organizations in promoting and publicizing job

fairs for such members.

(8) Provide information regarding the public and community

service jobs program carried out under section 1143a of this

title.

(c) Participation. - The Secretary of Defense and the Secretary

of Homeland Security shall encourage and otherwise promote maximum

participation by members of the armed forces eligible for

assistance under the program carried out under this section.

(d) Use of Personnel and Organizations. - In carrying out the

program established under this section, the Secretaries may -

(1) provide, as the case may be, for the use of disabled

veterans outreach program specialists, local veterans' employment

representatives, and other employment service personnel funded by

the Department of Labor to the extent that the Secretary of Labor

determines that such use will not significantly interfere with

the provision of services or other benefits to eligible veterans

and other eligible recipients of such services or benefits;

(2) use military and civilian personnel of the Department of

Defense and the Department of Homeland Security;

(3) use personnel of the Veterans Benefits Administration of

the Department of Veterans Affairs and other appropriate

personnel of that Department;

(4) use representatives of military and veterans' service

organizations;

(5) enter into contracts with public or private entities; and

(6) take other necessary action to develop and furnish the

information and services to be provided under this section.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

1990, 104 Stat. 1553; amended Pub. L. 102-190, div. A, title X,

Sec. 1061(a)(6), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102-484,

div. D, title XLIV, Sec. 4462(c), 4469, Oct. 23, 1992, 106 Stat.

2740, 2752; Pub. L. 103-337, div. A, title V, Sec. 543(b), Oct. 5,

1994, 108 Stat. 2769; Pub. L. 107-103, title III, Sec. 302(b), Dec.

27, 2001, 115 Stat. 992; Pub. L. 107-107, div. A, title X, Sec.

1048(e)(1), Dec. 28, 2001, 115 Stat. 1227; Pub. L. 107-296, title

XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-REFTEXT-

REFERENCES IN TEXT

Section 408 of Public Law 101-237, referred to in subsec. (b)(2),

is set out as a note under section 4100 of Title 38, Veterans'

Benefits.

-MISC2-

AMENDMENTS

2002 - Subsecs. (a)(1), (2), (b)(4), (c), (d)(2). Pub. L. 107-296

substituted ''of Homeland Security'' for ''of Transportation''.

2001 - Subsec. (a)(1). Pub. L. 107-103, in second sentence,

substituted ''within the time periods provided under paragraph (3)

of section 1142(a) of this title, except that the Secretary

concerned shall not provide preseparation counseling to a member

described in paragraph (4)(A) of such section'' for ''during the

180-day period before the member is separated from active duty''.

Subsec. (a)(3). Pub. L. 107-107, Sec. 1048(e)(1)(A), struck out

at end ''The agreement shall be entered into no later than 60 days

after the date of the enactment of this section.''

Subsec. (e). Pub. L. 107-107, Sec. 1048(e)(1)(B), struck out

heading and text of subsec. (e). Text read as follows:

''(1) There is authorized to be appropriated to the Department of

Labor to carry out this section $11,000,000 for fiscal year 1993

and $8,000,000 for each of fiscal years 1994 and 1995.

''(2) There is authorized to be appropriated to the Department of

Veterans Affairs to carry out this section $6,500,000 for each of

fiscal years 1993, 1994, and 1995.''

1994 - Subsec. (a)(1). Pub. L. 103-337, Sec. 543(b)(1), inserted

'', the Secretary of Transportation,'' after ''Secretary of

Defense'' and substituted ''concerned'' for ''of a military

department''.

Subsec. (a)(2). Pub. L. 103-337, Sec. 543(b)(2), inserted '', the

Secretary of Transportation,'' after ''Secretary of Defense''.

Subsec. (b)(4). Pub. L. 103-337, Sec. 543(b)(3), substituted

''Department of Defense and the Department of Transportation are''

for ''Department of Defense is''.

Subsec. (c). Pub. L. 103-337, Sec. 543(b)(4), inserted ''and the

Secretary of Transportation'' after ''Secretary of Defense''.

Subsec. (d)(2). Pub. L. 103-337, Sec. 543(b)(5), inserted ''and

the Department of Transportation'' after ''Department of Defense''.

1992 - Subsec. (b)(8). Pub. L. 102-484, Sec. 4462(c), added par.

(8).

Subsec. (e)(1). Pub. L. 102-484, Sec. 4469(1), substituted

''$11,000,000 for fiscal year 1993 and $8,000,000 for each of

fiscal years 1994 and 1995'' for ''$4,000,000 for fiscal year 1991

and $9,000,000 for each of fiscal years 1992 and 1993''.

Subsec. (e)(2). Pub. L. 102-484, Sec. 4469(2), substituted

''$6,500,000 for each of fiscal years 1993, 1994, and 1995'' for

''$1,000,000 for fiscal year 1991 and $4,000,000 for each of fiscal

years 1992 and 1993''.

1991 - Subsec. (b)(1). Pub. L. 102-190, Sec. 1061(a)(6)(A),

substituted ''resumeAE1'' for ''resume'' in cl. (C).

Subsec. (b)(3). Pub. L. 102-190, Sec. 1061(a)(6)(B), substituted

''veterans' service organizations'' for ''veterans service

organization'' and ''armed forces'' for ''Armed Forces''.

Subsec. (b)(6). Pub. L. 102-190, Sec. 1061(a)(6)(C), substituted

''those areas'' for ''such area''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

IMPLEMENTATION REPORTS

Section 502(c) of Pub. L. 101-510 provided that:

''(1) Not later than 90 days after the date of the enactment of

this Act (Nov. 5, 1990), the Secretary of Labor shall submit to

Congress a report setting forth the agreement entered into to carry

out section 1144 of title 10, United States Code, as added by

subsection (a). The report shall include a detailed description of

the responsibilities of the Secretary of Labor, the Secretary of

Defense, and the Secretary of Veterans Affairs in carrying out that

section and of the steps that have been taken to carry out those

responsibilities.

''(2) Not later than one year after the date of the enactment of

this Act, the Secretary of Labor shall submit to Congress a report

containing a detailed evaluation of the program carried out under

that section to the date of the submission of the report.

''(3) The reports under paragraphs (1) and (2) shall be prepared

in consultation with the Secretary of Defense and the Secretary of

Labor.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1142 of this title.

-CITE-

10 USC Sec. 1145 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1145. Health benefits

-STATUTE-

(a) Transitional Health Care. - (1) For the applicable time

period described in paragraph (3), a member of the armed forces who

is separated from active duty as described in paragraph (2) (and

the dependents of the member) shall be entitled to receive -

(A) medical and dental care under section 1076 of this title in

the same manner as a dependent described in subsection (a)(2) of

such section; and

(B) health benefits contracted under the authority of section

1079(a) of this title and subject to the same rates and

conditions as apply to persons covered under that section.

(2) This subsection applies to the following members of the armed

forces:

(A) A member who is involuntarily separated from active duty.

(B) A member of a reserve component who is separated from

active duty to which called or ordered in support of a

contingency operation if the active duty is active duty for a

period of more than 30 days.

(C) A member who is separated from active duty for which the

member is involuntarily retained under section 12305 of this

title in support of a contingency operation.

(D) A member who is separated from active duty served pursuant

to a voluntary agreement of the member to remain on active duty

for a period of less than one year in support of a contingency

operation.

(3) Transitional health care shall be available under subsection

(a) for a specified time period beginning on the date on which the

member is separated as follows:

(A) For members separated with less than six years of active

service, 60 days.

(B) For members separated with six or more years of active

service, 120 days.

(b) Conversion Health Policies. - (1) The Secretary of Defense

shall inform each member referred to in subsection (a) before the

date of the member's discharge or release from active duty of the

availability for purchase by the member of a conversion health

policy for the member and the dependents of that member. A

conversion health policy offered under this paragraph shall provide

coverage for not less than an 18-month period.

(2) If a member referred to in subsection (a) purchases a

conversion health policy during the period applicable to the member

(or within a reasonable time after that period as prescribed by the

Secretary of Defense), the Secretary shall provide health care, or

pay the costs of health care provided, to the member and the

dependents of the member -

(A) during the 18-month period beginning on the date on which

coverage under the conversion health policy begins; and

(B) for a condition (including pregnancy) that exists on such

date and for which care is not provided under the policy solely

on the grounds that the condition is a preexisting condition.

(3) The Secretary of Defense may arrange for the provision of

health care described in paragraph (2) through a contract with the

insurer offering the conversion health policy.

(4) If the Secretary of Defense is unable, within a reasonable

time, to enter into a contract with a private insurer to provide

the conversion health policy required under paragraph (1) at a rate

not to exceed the payment required under section 8905a(d)(1)(A) of

title 5 for comparable coverage, the Secretary shall offer such a

policy under the Civilian Health and Medical Program of the

Uniformed Services. Subject to paragraph (5), a member purchasing a

policy from the Secretary shall be required to pay into the

Military Health Care Account or other appropriate account an amount

equal to the sum of -

(A) the individual and Government contributions which would be

required in the case of a person enrolled in a health benefits

plan contracted for under section 1079 of this title; and

(B) an amount necessary for administrative expenses, but not to

exceed two percent of the amount under subparagraph (A).

(5) The amount paid by a member who purchases a conversion health

policy from the Secretary of Defense under paragraph (4) may not

exceed the payment required under section 8905a(d)(1)(A) of title 5

for comparable coverage.

(6) In order to reduce premiums required under paragraph (4), the

Secretary of Defense may offer a conversion health policy that,

with respect to mental health services, offers reduced coverage and

increased cost-sharing by the purchaser.

(c) Health Care For Certain Separated Members Not Otherwise

Eligible. - (1) Consistent with the authority of the Secretary

concerned to designate certain classes of persons as eligible to

receive health care at a military medical facility, the Secretary

concerned should consider authorizing, on an individual basis in

cases of hardship, the provision of that care for a member who is

separated from the armed forces, and is ineligible for transitional

health care under subsection (a) or does not obtain a conversion

health policy (or a dependent of the member).

(2) The Secretary concerned shall give special consideration to

requests for such care in cases in which the condition for which

treatment is required was incurred or aggravated by the member or

the dependent before the date of the separation of the member,

particularly if the condition is a result of the particular

circumstances of the service of the member.

(d) Definition. - In this section, the term ''conversion health

policy'' means a health insurance policy with a private insurer,

developed through negotiations between the Secretary of Defense and

a private insurer, that is available for purchase by or for the use

of a person who is no longer a member of the armed forces or a

covered beneficiary.

(e) Coast Guard. - The Secretary of Homeland Security shall

implement this section for the members of the Coast Guard and their

dependents.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

1990, 104 Stat. 1555; amended Pub. L. 102-484, div. D, title XLIV,

Sec. 4407(a), Oct. 23, 1992, 106 Stat. 2707; Pub. L. 103-160, div.

A, title V, Sec. 561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L.

103-337, div. A, title V, Sec. 542(a)(4), Oct. 5, 1994, 108 Stat.

2768; Pub. L. 105-261, div. A, title V, Sec. 561(h), Oct. 17,

1998, 112 Stat. 2026; Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 571(h)), Oct. 30, 2000, 114 Stat. 1654, 1654A-134; Pub. L.

107-107, div. A, title VII, Sec. 736(a), (b), Dec. 28, 2001, 115

Stat. 1172; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25,

2002, 116 Stat. 2314; Pub. L. 107-314, div. A, title VII, Sec.

706(a), (b), Dec. 2, 2002, 116 Stat. 2585.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-314, Sec. 706(a), amended Pub.

L. 107-107, Sec. 736(a)(1). See 2001 Amendment note below.

Subsec. (e). Pub. L. 107-314, Sec. 706(b), amended Pub. L.

107-107, Sec. 736(b)(2). See 2001 Amendment note below.

Pub. L. 107-296 substituted ''of Homeland Security'' for ''of

Transportation''.

2001 - Subsec. (a)(1). Pub. L. 107-107, Sec. 736(a)(1), as

amended by Pub. L. 107-314, Sec. 706(a), in introductory

provisions, substituted ''paragraph (3), a member of the armed

forces who is separated from active duty as described in paragraph

(2) (and the dependents of the member)'' for ''paragraph (2), a

member of the armed forces who is involuntarily separated from

active duty during the period beginning on October 1, 1990, and

ending on December 31, 2001 (and the dependents of the member),''.

Subsec. (a)(2). Pub. L. 107-107, Sec. 736(a)(3), added par. (2).

Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 107-107, Sec. 736(a)(2), (4),

redesignated par. (2) as (3) and struck out ''involuntarily''

before ''separated'' wherever appearing.

Subsec. (c)(1). Pub. L. 107-107, Sec. 736(b)(1), struck out

''during the period beginning on October 1, 1990, and ending on

December 31, 2001'' after ''armed forces''.

Subsec. (e). Pub. L. 107-107, Sec. 736(b)(2), as amended by Pub.

L. 107-314, Sec. 706(b), substituted ''the members of the Coast

Guard and their dependents'' for ''the Coast Guard'' in second

sentence and struck out first sentence which read as follows: ''The

provisions of this section shall apply to members of the Coast

Guard (and their dependents) involuntarily separated from active

duty during the period beginning on October 1, 1994, and ending on

December 31, 2001.''

2000 - Subsecs. (a)(1), (c)(1), (e). Pub. L. 106-398 substituted

''December 31, 2001'' for ''September 30, 2001''.

1998 - Subsecs. (a)(1), (c)(1). Pub. L. 105-261, Sec. 561(h)(1),

substituted ''during the period beginning on October 1, 1990, and

ending on September 30, 2001'' for ''during the nine-year period

beginning on October 1, 1990''.

Subsec. (e). Pub. L. 105-261, Sec. 561(h)(2), substituted

''during the period beginning on October 1, 1994, and ending on

September 30, 2001'' for ''during the five-year period beginning on

October 1, 1994''.

1994 - Subsec. (e). Pub. L. 103-337 added subsec. (e).

1993 - Subsecs. (a)(1), (c)(1). Pub. L. 103-160 substituted

''nine-year period'' for ''five-year period''.

1992 - Subsec. (b)(1). Pub. L. 102-484, Sec. 4407(a)(1), inserted

at end ''A conversion health policy offered under this paragraph

shall provide coverage for not less than an 18-month period.''

Subsec. (b)(2)(A). Pub. L. 102-484, Sec. 4407(a)(2), substituted

''18-month period'' for ''one-year period''.

Subsec. (b)(4) to (6). Pub. L. 102-484, Sec. 4407(a)(3), added

pars. (4) to (6).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title VII, Sec. 706(c), Dec. 2, 2002,

116 Stat. 2585, provided that: ''The amendments made by this

section (amending this section) shall take effect as of December

28, 2001, and as if included in the National Defense Authorization

Act for Fiscal Year 2002 (Pub. L. 107-107) as enacted.''

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable only to members of the

Coast Guard who are separated after Sept. 30, 1994, see section

542(e) of Pub. L. 103-337, set out as a note under section 1141 of

this title.

APPLICATION OF AMENDMENTS BY PUB. L. 102-484 TO EXISTING CONTRACTS

For provisions relating to the application of the amendments by

section 4407 of Pub. L. 102-484 to conversion health policies

provided under subsec. (b) of this section and in effect on Oct.

23, 1992, see section 4407(c) of Pub. L. 102-484, set out as a note

under section 1086a of this title.

TRANSITIONAL PROVISION

Section 4408(b) of Pub. L. 102-484 provided that: ''The Secretary

of Defense shall provide a period for the enrollment for health

benefits coverage under this section (enacting section 1078a of

this title and provisions set out as notes under this section and

section 1086a of this title) by members and former members of the

Armed Services for whom the availability of transitional health

care under section 1145(a) of title 10, United States Code, expires

before the October 1, 1994, implementation date of section 1078a of

such title, as added by subsection (a).''

TERMINATION OF APPLICABILITY OF OTHER CONVERSION HEALTH POLICIES

For provisions prohibiting purchase of, and allowing cancellation

of, conversion health policies under subsec. (b) of this section on

or after Oct. 1, 1994, see section 4408(c) of Pub. L. 102-484, set

out as a note under section 1086a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1078a, 1142 of this

title.

-CITE-

10 USC Sec. 1146 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1146. Commissary and exchange benefits

-STATUTE-

The Secretary of Defense shall prescribe regulations to allow a

member of the armed forces who is involuntarily separated from

active duty during the period beginning on October 1, 1990, and

ending on December 31, 2001, to continue to use commissary and

exchange stores during the two-year period beginning on the date of

the involuntary separation of the member in the same manner as a

member on active duty. The Secretary of Transportation shall

implement this provision for Coast Guard members involuntarily

separated during the period beginning on October 1, 1994, and

ending on December 31, 2001.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

1990, 104 Stat. 1556; amended Pub. L. 103-160, div. A, title V,

Sec. 561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103-337, div.

A, title V, Sec. 542(a)(5), Oct. 5, 1994, 108 Stat. 2768; Pub. L.

105-261, div. A, title V, Sec. 561(i), Oct. 17, 1998, 112 Stat.

2026; Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 571(i)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-135.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-398 substituted ''December 31, 2001'' for

''September 30, 2001'' in two places.

1998 - Pub. L. 105-261 substituted ''during the period beginning

on October 1, 1990, and ending on September 30, 2001'' for ''during

the nine-year period beginning on October 1, 1990'' and ''during

the period beginning on October 1, 1994, and ending on September

30, 2001'' for ''during the five-year period beginning on October

1, 1994''.

1994 - Pub. L. 103-337 inserted at end ''The Secretary of

Transportation shall implement this provision for Coast Guard

members involuntarily separated during the five-year period

beginning October 1, 1994.''

1993 - Pub. L. 103-160 substituted ''nine-year period'' for

''five-year period''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable only to members of the

Coast Guard who are separated after Sept. 30, 1994, see section

542(e) of Pub. L. 103-337, set out as a note under section 1141 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 1147 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1147. Use of military family housing

-STATUTE-

(a) Transition for Involuntarily Separated Members. - (1) The

Secretary of a military department may, pursuant to regulations

prescribed by the Secretary of Defense, permit individuals who are

involuntarily separated during the period beginning on October 1,

1990, and ending on December 31, 2001, to continue for not more

than 180 days after the date of such separation to reside (along

with other members of the individual's household) in military

family housing provided or leased by the Department of Defense to

such individual as a member of the armed forces.

(2) The Secretary of Transportation may prescribe regulations to

permit members of the Coast Guard who are involuntarily separated

during the period beginning on October 1, 1994, and ending on

December 31, 2001, to continue for not more than 180 days after the

date of such separation to reside (along with others of the

member's household) in military family housing provided or leased

by the Coast Guard to the individual as a member of the armed

forces.

(b) Rental Charges. - The Secretary concerned, pursuant to such

regulations, shall require a reasonable rental charge for the

continued use of military family housing under subsection (a),

except that such Secretary may waive all or any portion of such

charge in any case of hardship.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

1990, 104 Stat. 1556; amended Pub. L. 103-160, div. A, title V,

Sec. 561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103-337, div.

A, title V, Sec. 542(a)(6), Oct. 5, 1994, 108 Stat. 2768; Pub. L.

105-261, div. A, title V, Sec. 561(j), Oct. 17, 1998, 112 Stat.

2026; Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 571(j)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-135.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398 substituted ''December 31,

2001'' for ''September 30, 2001'' in pars. (1) and (2).

1998 - Subsec. (a)(1). Pub. L. 105-261, Sec. 561(j)(1),

substituted ''during the period beginning on October 1, 1990, and

ending on September 30, 2001'' for ''during the nine-year period

beginning on October 1, 1990''.

Subsec. (a)(2). Pub. L. 105-261, Sec. 561(j)(2), substituted

''during the period beginning on October 1, 1994, and ending on

September 30, 2001'' for ''during the five-year period beginning on

October 1, 1994''.

1994 - Subsec. (a). Pub. L. 103-337 designated existing

provisions as par. (1) and added par. (2).

1993 - Subsec. (a). Pub. L. 103-160 substituted ''nine-year

period'' for ''five-year period''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable only to members of the

Coast Guard who are separated after Sept. 30, 1994, see section

542(e) of Pub. L. 103-337, set out as a note under section 1141 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 1148 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1148. Relocation assistance for personnel overseas

-STATUTE-

The Secretary of Defense and the Secretary of Homeland Security

shall develop a program specifically to assist members of the armed

forces stationed overseas who are preparing for discharge or

release from active duty, and the dependents of such members, in

readjusting to civilian life. The program shall focus on the

special needs and requirements of such members and dependents due

to their overseas locations and shall include, to the maximum

extent possible, computerized job relocation assistance and job

search information.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

1990, 104 Stat. 1556; amended Pub. L. 103-337, div. A, title V,

Sec. 542(a)(7), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-296 substituted ''of Homeland Security'' for

''of Transportation''.

1994 - Pub. L. 103-337 inserted ''and the Secretary of

Transportation'' after ''Secretary of Defense''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable only to members of the

Coast Guard who are separated after Sept. 30, 1994, see section

542(e) of Pub. L. 103-337, set out as a note under section 1141 of

this title.

PILOT PROGRAM

Section 502(d) of Pub. L. 101-510 provided that: ''During fiscal

year 1991, the Secretary shall carry out the program required by

section 1148 of title 10, United States Code, as added by

subsection (a), at not less than 10 military installations located

outside the United States.''

-CITE-

10 USC Sec. 1149 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1149. Excess leave and permissive temporary duty

-STATUTE-

Under regulations prescribed by the Secretary of Defense or the

Secretary of Homeland Security with respect to the Coast Guard, the

Secretary concerned shall grant a member of the armed forces who is

to be involuntarily separated such excess leave (for a period not

in excess of 30 days), or such permissive temporary duty (for a

period not in excess of 10 days), as the member requires in order

to facilitate the member's carrying out necessary relocation

activities (such as job search and residence search activities),

unless to do so would interfere with military missions.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

1990, 104 Stat. 1557; amended Pub. L. 103-337, div. A, title V,

Sec. 542(a)(8), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-296 substituted ''of Homeland Security'' for

''of Transportation''.

1994 - Pub. L. 103-337 inserted ''or the Secretary of

Transportation with respect to the Coast Guard'' after ''Secretary

of Defense'' and struck out ''of the military department'' before

''concerned''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable only to members of the

Coast Guard who are separated after Sept. 30, 1994, see section

542(e) of Pub. L. 103-337, set out as a note under section 1141 of

this title.

-CITE-

10 USC Sec. 1150 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1150. Affiliation with Guard and Reserve units: waiver of

certain limitations

-STATUTE-

(a) Preference for Certain Persons. - A person who is separated

from the armed forces during the period beginning on October 1,

1990, and ending on December 31, 2001, and who applies to become a

member of a National Guard or Reserve unit within one year after

the date of such separation shall be given preference over other

equally qualified applicants for existing or projected vacancies

within the unit to which the member applies.

(b) Limited Waiver of Strength Limitations. - Under regulations

prescribed by the Secretary of Defense, a person covered by

subsection (a) who enters a National Guard or Reserve unit pursuant

to an application described in such subsection may be retained in

that unit for up to three years without regard to reserve-component

strength limitations so long as the individual maintains good

standing in that unit.

(c) Coast Guard. - This section shall apply to the Coast Guard in

the same manner and to the same extent as it applies to the

Department of Defense. The Secretary of Homeland Security shall

prescribe regulations to implement this section for the Coast

Guard.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,

1990, 104 Stat. 1557; amended Pub. L. 102-484, div. A, title V,

Sec. 514, Oct. 23, 1992, 106 Stat. 2406; Pub. L. 103-160, div. A,

title V, Sec. 561(j), Nov. 30, 1993, 107 Stat. 1668; Pub. L.

103-337, div. A, title V, Sec. 542(a)(9), Oct. 5, 1994, 108 Stat.

2768; Pub. L. 105-261, div. A, title V, Sec. 561(p), Oct. 17,

1998, 112 Stat. 2027; Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 571(o)), Oct. 30, 2000, 114 Stat. 1654, 1654A-135; Pub. L.

107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

2000 - Subsec. (a). Pub. L. 106-398 substituted ''December 31,

2001'' for ''September 30, 2001''.

1998 - Subsec. (a). Pub. L. 105-261 substituted ''during the

period beginning on October 1, 1990, and ending on September 30,

2001'' for ''during the nine-year period beginning on October 1,

1990''.

1994 - Subsec. (c). Pub. L. 103-337 added subsec. (c).

1993 - Subsec. (a). Pub. L. 103-160 substituted ''nine-year

period'' for ''five-year period''.

1992 - Subsec. (a). Pub. L. 102-484 struck out ''involuntarily''

after ''who is''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 applicable only to members of the

Coast Guard who are separated after Sept. 30, 1994, see section

542(e) of Pub. L. 103-337, set out as a note under section 1141 of

this title.

-CITE-

10 USC Sec. 1151 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

(Sec. 1151. Repealed. Pub. L. 106-65, div. A, title XVII, Sec.

1707(a)(1), Oct. 5, 1999, 113 Stat. 823)

-MISC1-

Section, added Pub. L. 102-484, div. D, title XLIV, Sec.

4441(a)(1), Oct. 23, 1992, 106 Stat. 2725; amended Pub. L. 103-35,

title II, Sec. 201(f)(1), May 31, 1993, 107 Stat. 99; Pub. L.

103-160, div. A, title V, Sec. 561(k), title XIII, Sec.

1331(a)-(c)(1), (d)-(g), Nov. 30, 1993, 107 Stat. 1668, 1791-1793;

Pub. L. 103-337, div. A, title V, Sec. 543(c), title X, Sec.

1070(a)(7), title XI, Sec. 1131(a), (b), Oct. 5, 1994, 108 Stat.

2769, 2855, 2871; Pub. L. 103-382, title III, Sec. 391(b)(1), (2),

Oct. 20, 1994, 108 Stat. 4021; Pub. L. 104-106, div. A, title XV,

Sec. 1503(a)(10), Feb. 10, 1996, 110 Stat. 511; Pub. L. 104-201,

div. A, title V, Sec. 576(a), Sept. 23, 1996, 110 Stat. 2535; Pub.

L. 105-85, div. A, title X, Sec. 1073(a)(19), Nov. 18, 1997, 111

Stat. 1901, related to assistance to separated members to obtain

certification and employment as teachers or employment as teachers'

aides.

SAVINGS PROVISION

Pub. L. 106-65, div. A, title XVII, Sec. 1707(a)(3), Oct. 5,

1999, 113 Stat. 823, which provided that the repeal of this section

would not affect the validity or terms of any agreement entered

into before Oct. 5, 1999, or the payment of assistance, making of

grants, or obtaining of reimbursement in connection with such an

agreement, was repealed by Pub. L. 107-110, title X, Sec. 1011(6),

Jan. 8, 2002, 115 Stat. 1986.

-CITE-

10 USC Sec. 1152 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1152. Assistance to eligible members and former members to

obtain employment with law enforcement agencies

-STATUTE-

(a) Placement Program. - The Secretary of Defense, and the

Secretary of Homeland Security with respect to the Coast Guard, may

enter into an agreement with the Attorney General to establish or

participate in a program to assist eligible members and former

members of the armed forces to obtain employment as law enforcement

officers with eligible law enforcement agencies following the

discharge or release of such members or former members from active

duty. Eligible law enforcement agencies shall consist of State law

enforcement agencies, local law enforcement agencies, and Indian

tribes that perform law enforcement functions (as determined by the

Secretary of the Interior).

(b) Eligible Members. - Any individual who, during the 6-year

period beginning on October 1, 1993, is a member of the armed

forces and is separated with an honorable discharge or is released

from service on active duty characterized as honorable by the

Secretary concerned shall be eligible to participate in a program

covered by an agreement referred to in subsection (a).

(c) Selection. - In the selection of applicants for participation

in a program covered by an agreement referred to in subsection (a),

preference shall be given to a member or former member who -

(1) is selected for involuntary separation, is approved for

separation under section 1174a or 1175 of this title, or retires

pursuant to the authority provided in section 4403 of the Defense

Conversion, Reinvestment, and Transition Assistance Act of 1992

(division D of Public Law 102-484; 10 U.S.C. 1293 note); and

(2) has a military occupational specialty, training, or

experience related to law enforcement (such as service as a

member of the military police) or satisfies such other criteria

for selection as the Secretary, the Attorney General, or a

participating eligible law enforcement agency prescribed in

accordance with the agreement.

(d) Grants To Facilitate Employment. - (1) The Secretary of

Defense, and the Secretary of Homeland Security with respect to the

Coast Guard, may provide funds to the Attorney General for grants

under this section to reimburse participating eligible law

enforcement agencies for costs, including salary and fringe

benefits, of employing members or former members pursuant to a

program referred to in subsection (a).

(2) No grant with respect to an eligible member or former member

may exceed a total of $50,000.

(3) Any grant with respect to an eligible member or former member

shall be disbursed within 5 years after the date of the placement

of a member or former member with a participating eligible law

enforcement agency.

(4) Preference in awarding grants through existing law

enforcement hiring programs shall be given to State or local law

enforcement agencies or Indian tribes that agree to hire eligible

members and former members.

(e) Administrative Expenses. - Ten percent of the amount, if any,

appropriated for a fiscal year to carry out the program established

pursuant to subsection (a) may be used to administer the program.

(f) Requirement for Appropriation. - No person may be selected to

participate in the program established pursuant to subsection (a)

unless a sufficient amount of appropriated funds is available at

the time of the selection to satisfy the obligations to be incurred

by the United States under an agreement referred to in subsection

(a) that applies with respect to the person.

(g) Authority To Expand Placement To Include Firefighters. - (1)

The Secretary may expand the placement activities authorized by

subsection (a) to include the placement of eligible members and

former members and eligible civilian employees of the Department of

Defense as firefighters or members of rescue squads or ambulance

crews with public fire departments.

(2) The expansion authorized by this subsection may be made

through a program covered by an agreement referred to in subsection

(a), if feasible, or in such other manner as the Secretary

considers appropriate.

(3) A civilian employee of the Department of Defense shall be

eligible to participate in the expanded placement activities

authorized under this subsection if the employee, during the

six-year period beginning October 1, 1993, is terminated from such

employment as a result of reductions in defense spending or the

closure or realignment of a military installation, as determined by

the Secretary of Defense.

-SOURCE-

(Added Pub. L. 103-160, div. A, title XIII, Sec. 1332(a), Nov. 30,

1993, 107 Stat. 1793; amended Pub. L. 103-337, div. A, title V,

Sec. 543(d), title XI, Sec. 1132(a)(1), Oct. 5, 1994, 108 Stat.

2771, 2872; Pub. L. 104-106, div. A, title XV, Sec. 1503(a)(11),

Feb. 10, 1996, 110 Stat. 511; Pub. L. 104-201, div. A, title V,

Sec. 575, Sept. 23, 1996, 110 Stat. 2535; Pub. L. 105-85, div. A,

title X, Sec. 1073(a)(20), Nov. 18, 1997, 111 Stat. 1901; Pub. L.

107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a), (d)(1). Pub. L. 107-296 substituted ''of

Homeland Security'' for ''of Transportation''.

1997 - Subsec. (g). Pub. L. 105-85 inserted ''(1)'' before ''The

Secretary may''.

1996 - Subsec. (g). Pub. L. 104-201, in heading, substituted

''Authority To Expand Placement To Include Firefighters'' for

''Conditional Expansion of Placement to Include Firefighters'', in

par. (1), substituted ''The Secretary may'' for ''(1) Subject to

paragraph (2), the Secretary may'', and in par. (2), struck out

''The Secretary may implement the expansion authorized by this

subsection only if the Secretary certifies to Congress not later

than April 3, 1994, that such expansion will facilitate personnel

transition programs of the Department of Defense.'' after ''(2)''

and inserted ''authorized by this subsection'' after ''The

expansion''.

Subsec. (g)(2). Pub. L. 104-106 substituted ''not later than

April 3, 1994,'' for ''not later than 180 days after the date of

the enactment of the National Defense Authorization Act for Fiscal

Year 1995''.

1994 - Pub. L. 103-337, Sec. 543(d), inserted '', and the

Secretary of Transportation with respect to the Coast Guard,''

after ''Secretary of Defense'' in subsecs. (a) and (d).

Pub. L. 103-337, Sec. 1132(a)(1), substituted ''eligible members

and former members'' for ''separated members'' in section catchline

and amended text generally, substituting subsecs. (a) to (g) for

former subsecs. (a) to (f).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1142 of this title.

-CITE-

10 USC Sec. 1153 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 58 - BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR

RECENTLY SEPARATED

-HEAD-

Sec. 1153. Assistance to separated members to obtain employment

with health care providers

-STATUTE-

(a) Placement Program. - The Secretary of Defense, and the

Secretary of Homeland Security with respect to the Coast Guard, may

establish a program to assist eligible members of the armed forces

to obtain employment with health care providers upon their

discharge or release from active duty.

(b) Eligible Members. - (1) Except as provided in paragraph (2),

a member shall be eligible for selection to participate in the

program established under subsection (a) if the member -

(A) is selected for involuntary separation, is approved for

separation under section 1174a or 1175 of this title, or retires

pursuant to the authority provided in section 4403 of the Defense

Conversion, Reinvestment, and Transition Assistance Act of 1992

(division D of Public Law 102-484; 10 U.S.C. 1293 note) during

the six-year period beginning on October 1, 1993;

(B) has received an associate degree, baccalaureate, or

advanced degree from an accredited institution of higher

education or a junior or community college; and

(C) has a military occupational specialty, training, or

experience related to health care, is likely to be able to obtain

such training in a short period of time (as determined by the

Secretary concerned), or satisfies such other criteria for

selection as the Secretary concerned may prescribe.

(2) For purposes of this section, a former member of the armed

forces who did not meet the minimum educational qualification

criterion set forth in paragraph (1)(B) for placement assistance

before discharge or release from active duty shall be considered to

be a member satisfying such educational qualification criterion

upon satisfying that criterion within five years after discharge or

release from active duty.

(3) A member who is discharged or released from service under

other than honorable conditions shall not be eligible to

participate in the program.

(c) Selection of Participants. - (1) The Secretary of Defense,

and the Secretary of Homeland Security with respect to the Coast

Guard, shall select members to participate in the program

established under subsection (a) on the basis of applications

submitted to the Secretary concerned not later than one year after

the date of the discharge or release of the members from active

duty or, in the case of an applicant becoming educationally

qualified for teacher placement assistance in accordance with

subsection (b)(2), not later than one year after the date on which

the applicant becomes educationally qualified. An application

shall be in such form and contain such information as the

Secretaries may require.

(2) The Secretary of Defense, and the Secretary of Homeland

Security with respect to the Coast Guard, may not select a member

to participate in the program unless the Secretary concerned has

sufficient appropriations for the placement program available at

the time of the selection to satisfy the obligations to be incurred

by the United States under subsection (d) with respect to that

member.

(3)(A) The Secretaries shall provide under the program for

identifying, during each fiscal year in the period referred to in

subsection (b)(1)(A), noncommissioned officers who, on or before

the end of such fiscal year, will have completed 10 or more years

of continuous active duty, who have the potential to perform

competently in employment positions with health care providers, but

who do not satisfy the minimum educational qualification criterion

under subsection (b)(1)(B) for placement assistance.

(B) The Secretaries shall inform noncommissioned officers

identified under subparagraph (A) of the opportunity to qualify in

accordance with subsection (b)(2) for placement assistance under

the program.

(d) Grants to Facilitate Employment. - (1) The Secretary of

Defense and the Secretary of Homeland Security may enter into an

agreement with a health care provider to assist eligible members

selected under subsection (c) to obtain suitable employment with

the health care provider. Under such an agreement, a health care

provider shall agree to employ a participant in the program on a

full-time basis for at least five years.

(2) Under an agreement referred to in paragraph (1), the

Secretary concerned shall agree to pay to the health care provider

involved an amount based upon the basic salary paid by the health

care provider to the participant. The rate of payment by the

Secretary concerned shall be as follows:

(A) For the first year of employment, 50 percent of the basic

salary, except that the payment may not exceed $25,000.

(B) For the second year of employment, 40 percent of the basic

salary, except that the payment may not exceed $10,000.

(C) For the third year of employment, 30 percent of the basic

salary, except that the payment may not exceed $7,500.

(D) For the fourth year of employment, 20 percent of the basic

salary, except that the payment may not exceed $5,000.

(E) For the fifth year of employment, 10 percent of the basic

salary, except that the payment may not exceed $2,500.

(3) Payments required under paragraph (2) may be made by the

Secretary concerned in such installments as the Secretary concerned

may determine.

(4) If a participant who is placed under this program leaves the

employment of the health care provider before the end of the five

years of required employment service, the provider shall reimburse

the Secretary concerned in an amount that bears the same ratio to

the total amount already paid under the agreement as the unserved

portion bears to the five years of required service.

(5) The Secretary concerned may not make a grant under this

subsection to a health care provider if the Secretary concerned

determines that the provider terminated the employment of another

employee in order to fill the vacancy so created with a participant

in this program.

(e) Agreements With States. - (1) In addition to the agreements

referred to in subsection (d)(1), the Secretary of Defense, and the

Secretary of Homeland Security with respect to the Coast Guard, may

enter into an agreement directly with a State to allow the State to

arrange the placement of participants in the program with health

care providers. Paragraphs (2) through (5) of subsection (d) shall

apply with respect to any placement made through such an agreement.

(2) The Secretary concerned may reserve up to 10 percent of the

funds made available to carry out the program for a fiscal year for

the placement of participants through agreements entered into under

paragraph (1).

(f) Definitions. - In this section, the term ''State'' includes

the District of Columbia, American Samoa, the Federated States of

Micronesia, Guam, the Republic of the Marshall Islands, the

Commonwealth of the Northern Mariana Islands, the Commonwealth of

Puerto Rico, Palau, and the Virgin Islands.

-SOURCE-

(Added Pub. L. 103-160, div. A, title XIII, Sec. 1332(b), Nov. 30,

1993, 107 Stat. 1795; amended Pub. L. 103-337, div. A, title V,

Sec. 543(e), Oct. 5, 1994, 108 Stat. 2771; Pub. L. 107-296, title

XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a), (c)(1), (2), (d)(1), (e)(1). Pub. L. 107-296

substituted ''of Homeland Security'' for ''of Transportation''.

1994 - Subsec. (a). Pub. L. 103-337, Sec. 543(e)(1), inserted '',

and the Secretary of Transportation with respect to the Coast

Guard,'' after ''Secretary of Defense''.

Subsec. (b)(1). Pub. L. 103-337, Sec. 543(e)(2), struck out ''by

the Secretary of Defense'' after ''selection'' in introductory

provisions and inserted ''concerned'' after ''Secretary'' in two

places in subpar. (C).

Subsec. (c)(1). Pub. L. 103-337, Sec. 543(e)(3), inserted '', and

the Secretary of Transportation with respect to the Coast Guard,''

after ''Secretary of Defense'' and ''concerned'' after ''to the

Secretary'' and substituted ''Secretaries may'' for ''Secretary

may''.

Subsec. (c)(2). Pub. L. 103-337, Sec. 543(e)(4), inserted ''of

Defense, and the Secretary of Transportation with respect to the

Coast Guard,'' after ''The Secretary'' and ''concerned'' after

''unless the Secretary''.

Subsec. (c)(3). Pub. L. 103-337, Sec. 543(e)(5), substituted

''Secretaries'' for ''Secretary'' in subpars. (A) and (B).

Subsec. (d)(1). Pub. L. 103-337, Sec. 543(e)(6)(A), inserted

''and the Secretary of Transportation'' after ''Secretary of

Defense''.

Subsec. (d)(2) to (5). Pub. L. 103-337, Sec. 543(e)(6)(B),

inserted ''concerned'' after ''Secretary'' wherever appearing.

Subsec. (e)(1). Pub. L. 103-337, Sec. 543(e)(7)(A), inserted '',

and the Secretary of Transportation with respect to the Coast

Guard,'' after ''the Secretary of Defense''.

Subsec. (e)(2). Pub. L. 103-337, Sec. 543(e)(7)(B), inserted

''concerned'' after ''The Secretary''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1142 of this title.

-CITE-