
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: 10USC2410j]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2410j. Displaced contractor employees: assistance to obtain 
        certification and employment as teachers or employment as 
        teachers' aides
        
    (a) Assistance Program.--The Secretary of Defense may enter into a 
cooperative agreement with a defense contractor in order--
        (1) to assist an eligible scientist or engineer employed by the 
    contractor whose employment is terminated to obtain--
            (A) certification or licensure as an elementary or secondary 
        school teacher; or
            (B) the credentials necessary to serve as a teacher's aide; 
        and

        (2) to facilitate the employment of the scientist or engineer by 
    a local educational agency that--
            (A) is receiving a grant 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 its jurisdiction concentrations of 
        children from low-income families; and
            (B) is also experiencing a shortage of teachers or teachers' 
        aides.

    (b) Eligible Defense Contractors.--(1) The Secretary of Defense 
shall establish an application and selection process for the 
participation of defense contractors in a cooperative agreement 
authorized under subsection (a).
    (2) The Secretary shall determine which defense contractors are 
eligible to participate in the placement program on the basis of 
applications submitted under subsection (c). The Secretary shall limit 
participation to those defense contractors or subcontractors that--
        (A) produce goods or services for the Department of Defense 
    pursuant to a defense contract or operate nuclear weapons 
    manufacturing facilities for the Department of Energy; and
        (B) have recently reduced operations, or are likely to reduce 
    operations, due to the completion or termination of a defense 
    contract or program or by reductions in defense spending.

    (3) The Secretary shall give special consideration to defense 
contractors who are located in areas that have been hit particularly 
hard by reductions in defense spending.
    (c) Defense Contractor Applications.--(1) A defense contractor 
desiring to enter into a cooperative agreement with the Secretary of 
Defense under subsection (a) shall submit an application to the 
Secretary containing the following:
        (A) Evidence that the contractor has been, or is expected to be, 
    adversely affected by the completion or termination of a defense 
    contract or program or by reductions in defense spending.
        (B) An explanation that scientists and engineers employed by the 
    contractor have been terminated, laid off, or retired, or are likely 
    to be terminated, laid off, or retired, as a result of the 
    completion or termination of a defense contract or program or 
    reductions in defense spending.
        (C) A description of programs implemented or proposed by the 
    contractor to assist these scientists and engineers.
        (D) A commitment to help fund the costs associated with the 
    placement program by paying 50 percent of the stipend provided under 
    subsection (g) to an employee or former employee of the contractor 
    selected to receive assistance under this section.

    (2) Once a cooperative agreement is entered into under subsection 
(a) between the Secretary and the defense contractor, the contractor 
shall publicize the program and distribute applications to prospective 
participants, and assist the prospective participants with the State 
screening process.
    (d) Eligible Scientists and Engineers.--An individual shall be 
eligible for selection by the Secretary of Defense to receive assistance 
under this section if the individual--
        (1) is employed or has been employed for not less than five 
    years as a scientist or engineer with a private defense contractor 
    that has entered into an agreement under subsection (a);
        (2) has received--
            (A) in the case of an individual 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
            (B) in the case of an individual 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

        (3) has been terminated or laid off (or received notice of 
    termination or lay off) as a result of the completion or termination 
    of a defense contract or program or reductions in defense spending; 
    and
        (4) satisfies such other criteria for selection as the Secretary 
    may prescribe.

    (e) Selection of Participants.--(1) In selecting participants to 
receive assistance for placement as elementary or secondary school 
teachers, the Secretary shall give priority to individuals 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.

    (2) The Secretary may not select an individual under this section 
unless the Secretary has sufficient appropriations to carry out this 
section available at the time of the selection to satisfy the 
obligations to be incurred by the United States under this section with 
respect to that individual.
    (f) Agreement.--An individual selected under this section shall be 
required to enter into an agreement with the Secretary in which the 
participant 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 individual 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 individual 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.

    (g) Stipend for Participants.--(1) 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 stipend provided under this section 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.).
    (h) 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 as 
teachers and teachers' aides of individuals selected under this section.

(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4443(a), Oct. 23, 1992, 
106 Stat. 2732, Sec. 2410c; renumbered Sec. 2410j and amended Pub. L. 
103-35, title II, Sec. 201(b)(1)(A), (g)(6), May 31, 1993, 107 Stat. 97, 
100; Pub. L. 103-160, div. A, title XIII, Sec. 1331(c)(3), Nov. 30, 
1993, 107 Stat. 1792; Pub. L. 103-382, title III, Sec. 391(b)(5), Oct. 
20, 1994, 108 Stat. 4022; Pub. L. 104-106, div. A, title XV, 
Sec. 1503(a)(23), Feb. 10, 1996, 110 Stat. 512; Pub. L. 104-201, div. A, 
title V, Sec. 576(c), Sept. 23, 1996, 110 Stat. 2535; Pub. L. 106-398, 
Sec. 1 [[div. A], title X, Sec. 1087(a)(14)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-291.)

                       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. (f)(2)(A), (B) 
and (h), 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. (g)(2), 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. (f)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(14)(A)], inserted ``as in effect on October 4, 1999,'' 
after ``of this title,'' in subpars. (A) and (B).
    Subsec. (h). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(14)(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. (f)(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 ``grant under''.
    1993--Pub. L. 103-35, Sec. 201(b)(1)(A), renumbered section 2410c of 
this title as this section.
    Subsec. (f)(2)(A), (B). Pub. L. 103-160 substituted ``five school 
years'' for ``two school years''.
    Subsec. (f)(2)(B). Pub. L. 103-35, Sec. 201(g)(6), substituted 
``aide'' for ``aid'' after ``for placement as a teacher's''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-160 not applicable with respect to persons 
selected by Secretary of Defense before Nov. 30, 1993, to participate in 
teacher and teacher's aide placement programs established pursuant to 
sections 1151, 1598, and 2410j of this title or agreements entered into 
by Secretary before such date with local educational agencies under such 
sections, see section 1331(h) of Pub. L. 103-160, set out as a note 
under section 1598 of this title.


                            Savings Provision

    Amendments by section 576 of Pub. L. 104-201 not to affect 
obligations under agreements entered into in accordance with section 
1151, 1598, or 2410j of this title before Sept. 23, 1996, see section 
576(d) of Pub. L. 104-201, set out as a note under section 1598 of this 
title.
