
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: 10USC1598]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 81--CIVILIAN EMPLOYEES
 
Sec. 1598. Assistance to terminated employees to obtain 
        certification and employment as teachers or employment as 
        teachers' aides
        
    (a) Placement Program.--The Secretary of Defense may establish a 
program--
        (1) to assist eligible civilian employees of the Department of 
    Defense and the Department of Energy after the termination of their 
    employment to obtain--
            (A) certification or licensure as elementary or secondary 
        school teachers; or
            (B) the credentials necessary to serve as teachers' aides; 
        and

        (2) to facilitate the employment of such employees by local 
    educational agencies that--
            (A) are receiving grants under title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a 
        result of having within their jurisdictions concentrations of 
        children from low-income families; and
            (B) are also experiencing a shortage of teachers or 
        teachers' aides.

    (b) Eligible Employees.--(1) A civilian employee of the Department 
of Defense or the Department of Energy shall be eligible for selection 
by the Secretary of Defense to participate in the placement program 
authorized by subsection (a) if the employee--
        (A) during the five-year period beginning October 1, 1992, 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 or the Secretary of 
    Energy, as the case may be;
        (B) has received--
            (i) in the case of an employee applying for assistance for 
        placement as an elementary or secondary school teacher, a 
        baccalaureate or advanced degree from an accredited institution 
        of higher education; or
            (ii) in the case of an employee applying for assistance for 
        placement as a teacher's aide in an elementary or secondary 
        school, an associate, baccalaureate, or advanced degree from an 
        accredited institution of higher education or a junior or 
        community college; and

        (C) satisfies such other criteria for selection as the Secretary 
    of Defense may prescribe.

    (2) The Secretary of Defense may accept an application from a 
civilian employee referred to in paragraph (1) who was terminated during 
the period beginning on October 1, 1990, and ending on October 1, 1992, 
if the employee otherwise satisfies the eligibility criteria specified 
in that paragraph.
    (c) Selection of Participants.--(1) Selection of civilian employees 
to participate in the placement program shall be made on the basis of 
applications submitted to the Secretary of Defense after the employees 
receive a notice of termination. An application shall be filed within 
such time, in such form, and contain such information as the Secretary 
of Defense may require.
    (2) In selecting participants to receive assistance for placement as 
elementary or secondary school teachers, the Secretary of Defense shall 
give priority to civilian employees who--
        (A) have educational, military, or employment experience in 
    science, mathematics, or engineering and agree to seek employment as 
    science, mathematics, or engineering teachers in elementary or 
    secondary schools; or
        (B) have educational, military, or employment experience in 
    another subject area identified by the Secretary, in consultation 
    with the Secretary of Education, as important for national 
    educational objectives and agree to seek employment in that subject 
    area in elementary or secondary schools.

    (3) The Secretary of Defense may not select a civilian employee to 
participate in the program unless the Secretary 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 the program with respect to that member.
    (d) Agreement.--A civilian employee selected to participate in the 
placement program shall be required to enter into an agreement with the 
Secretary of Defense in which the employee agrees--
        (1) to obtain, within such time as the Secretary may require, 
    certification or licensure as an elementary or secondary school 
    teacher or the necessary credentials to serve as a teacher's aide in 
    an elementary or secondary school; and
        (2) to accept--
            (A) in the case of an employee selected for assistance for 
        placement as a teacher, an offer of full-time employment as an 
        elementary or secondary school teacher for not less than two 
        school years with a local educational agency identified under 
        section 1151(b)(2) of this title, as in effect on October 4, 
        1999, to begin the school year after obtaining that 
        certification or licensure; or
            (B) in the case of an employee selected for assistance for 
        placement as a teacher's aide, an offer of full-time employment 
        as a teacher's aide in an elementary or secondary school for not 
        less than two school years with a local educational agency 
        identified under section 1151(b)(3) of this title, as in effect 
        on October 4, 1999, to begin the school year after obtaining the 
        necessary credentials.

    (e) Stipend for Participants.--(1) Except as provided in paragraph 
(2), the Secretary of Defense shall pay to each participant in the 
placement program a stipend in an amount equal to the lesser of--
        (A) $5,000; or
        (B) the total costs of the type described in paragraphs (1), 
    (2), (3), (8), and (9) of section 472 of the Higher Education Act of 
    1965 (20 U.S.C. 1087ll) incurred by the participant while obtaining 
    teacher certification or licensure or the necessary credentials to 
    serve as a teacher's aide and employment as an elementary or 
    secondary school teacher or teacher aide.

    (2) A civilian employee selected to participate in the placement 
program who receives separation pay under section 5597 of title 5 shall 
not be paid a stipend under paragraph (1).
    (3) A stipend paid under paragraph (1) shall be taken into account 
in determining the eligibility of the participant for Federal student 
financial assistance provided under title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1070 et seq.).
    (f) Placement of Participants as Teachers and Teachers' Aides.--
Subsections (h) through (k) of section 1151 of this title, as in effect 
on October 4, 1999, shall apply with respect to the placement program 
authorized by this section.

(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4442(a), Oct. 23, 1992, 
106 Stat. 2730; amended Pub. L. 103-35, title II, Sec. 201(h)(1), May 
31, 1993, 107 Stat. 100; Pub. L. 103-160, div. A, title XIII, 
Sec. 1331(c)(2), Nov. 30, 1993, 107 Stat. 1792; Pub. L. 103-382, title 
III, Sec. 391(b)(3), Oct. 20, 1994, 108 Stat. 4021; Pub. L. 104-106, 
div. A, title XV, Sec. 1503(a)(14), Feb. 10, 1996, 110 Stat. 511; Pub. 
L. 104-201, div. A, title V, Sec. 576(b), Sept. 23, 1996, 110 Stat. 
2535; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(a)(11)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-290.)

                       References in Text

    The Elementary and Secondary Education Act of 1965, referred to in 
subsec. (a)(2)(A), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as 
amended generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 
108 Stat. 3519. Title I of the Act is classified generally to subchapter 
I (Sec. 6301 et seq.) of chapter 70 of Title 20, Education. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6301 of Title 20 and Tables.
    Section 1151 of this title, referred to in subsecs. (d)(2)(A), (B) 
and (f), was repealed by Pub. L. 106-65, div. A, title XVII, 
Sec. 1707(a)(1), Oct. 5, 1999, 113 Stat. 823.
    The Higher Education Act of 1965, referred to in subsec. (e)(3), is 
Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV of the 
Act is classified generally to subchapter IV (Sec. 1070 et seq.) of 
chapter 28 of Title 20, and part C (Sec. 2751 et seq.) of subchapter I 
of chapter 34 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1001 of Title 20 and Tables.


                               Amendments

    2000--Subsec. (d)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(11)(A)], inserted ``as in effect on October 4, 1999,'' 
after ``of this title,'' in subpars. (A) and (B).
    Subsec. (f). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(11)(B)], inserted ``, as in effect on October 4, 1999,'' 
after ``of this title''.
    1996--Subsec. (a)(2)(A). Pub. L. 104-106 substituted ``6301'' for 
``2701''.
    Subsec. (d)(2)(A), (B). Pub. L. 104-201 substituted ``two school 
years'' for ``five school years''.
    1994--Subsec. (a)(2)(A). Pub. L. 103-382 struck out ``chapter 1 of'' 
after ``grants under''.
    1993--Subsec. (d)(2)(A), (B). Pub. L. 103-160 substituted ``five 
school years'' for ``two school years''.
    Subsec. (e)(4). Pub. L. 103-35 struck out par. (4) which read as 
follows: ``A person who receives a stipend under section 4436 of this 
title shall not be paid a stipend pursuant to paragraph (1).''


                    Effective Date of 1993 Amendment

    Pub. L. 103-160, div. A, title XIII, Sec. 1331(h), Nov. 30, 1993, 
107 Stat. 1793, provided that: ``The amendments made by subsections (c) 
and (d) [amending this section and sections 1151 and 2410j of this 
title] shall not apply with respect to--
        ``(1) persons selected by the Secretary of Defense before the 
    date of the enactment of this Act [Nov. 30, 1993] to participate in 
    the teacher and teacher's aide placement programs established 
    pursuant to sections 1151, 1598, and 2410j of title 10, United 
    States Code; or
        ``(2) agreements entered into by the Secretary before such date 
    with local educational agencies under such sections.''


                            Savings Provision

    Pub. L. 104-201, div. A, title V, Sec. 576(d), Sept. 23, 1996, 110 
Stat. 2535, provided that: ``The amendments made by this section 
[amending this section and sections 1151 and 2410j of this title] do not 
affect obligations under agreements entered into in accordance with 
section 1151, 1598, or 2410j of title 10, United States Code, before the 
date of the enactment of this Act [Sept. 23, 1996].''
