
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(h)(3)]
[CITE: 10USC1143]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
    CHAPTER 58--BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR 
                           RECENTLY SEPARATED
 
Sec. 1143. Employment assistance

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

(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.)


                               Amendments

    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 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, 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, 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 Transportation 
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 (Secs. 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].'']

                  Section Referred to in Other Sections

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