
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1143a]

 
                         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. 1143a. Encouragement of postseparation public and community 
        service
        
    (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 Transportation shall implement the 
requirements of this section for the Coast Guard.

(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.)


                               Amendments

    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 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, provided that:
    ``(a) Program.--Under regulations prescribed by the Secretary of 
Defense after consultation with the Secretary of Transportation 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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1142, 1144 of this title; 
title 42 section 12622.
