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Title 10 — Armed Forces

Part V · Chapter 365 — Contractor Workforce

§ 4703. Displaced contractor employees: assistance to obtain certification and employment as teachers or employment as teachers’ aides

Statutory text

(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 , 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 , 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) 1 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 , shall apply with respect to the placement as teachers and teachers’ aides of individuals selected under this section.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Defense Conversion, Reinvestment, and Transition Assistance Act of 1992

    Pub. L. 102–484 div. D title XLIV § 4443(a) · 106 Stat. 2315

    Enacted · 10 U.S.C. § 4703

    Added Pub. L. 102–484, div. D, title XLIV, § 4443(a), Oct. 23, 1992, 106 Stat. 2732, § 2410c

    Source evidence

    Code source credit
    Added Pub. L. 102–484, div. D, title XLIV, § 4443(a), Oct. 23, 1992, 106 Stat. 2732, § 2410c

    Enacted provision · exact public law section
    (a) Placement Program.— Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2410c. 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 chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 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 teach-er’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, 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 aid, 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, 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 shall apply with respect to the placement as teachers and teachers’ aides of individuals selected under this section.”.

  2. Pub. L. 103–35 § 201(b)(1)(A) · 107 Stat. 97

    Changed · 10 U.S.C. § 4703

    Pub. L. 103–35, § 201(b)(1)(A), renumbered section 2410c of this title as section 2410j

    Source evidence

    Code amendment note
    Pub. L. 103–35, § 201(b)(1)(A), renumbered section 2410c of this title as section 2410j.

    Enacted provision · exact public law section
    (A) Chapter 141 is amended by redesignating the second sections 2410c and 2410d as sections 241Qj and 2410k, respectively.

  3. Pub. L. 103–35 § 201(g)(6) · 107 Stat. 97

    Substituted · 10 U.S.C. § 4703(f)(2)(B)

    Pub. L. 103–35, § 201(g)(6), substituted “aide” for “aid” after “for placement as a teacher’s”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(B). Pub. L. 103–35, § 201(g)(6), substituted “aide” for “aid” after “for placement as a teacher’s”.

    Enacted provision · exact public law section
    (6) Section 2410) (as redesignated by subsection (b)(1)(A)) is amended in subsection (f)(2)(B) by striking out “aid” and inserting in lieu thereof “aide”.

  4. Defense Conversion, Reinvestment, and Transition Assistance Amendments of 1993

    Pub. L. 103–160 div. A title XIII § 1331(c)(3) · 107 Stat. 1547

    Substituted · 10 U.S.C. § 4703(f)(2)(A); 10 U.S.C. § 4703(f)(2)(B)

    Pub. L. 103–160 substituted “five school years” for “two school years”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(A), (B). Pub. L. 103–160 substituted “five school years” for “two school years”.

    Enacted provision · exact public law section
    (3) Section 2410j(f)(2) of such title is amended by striking out “two school years” both places it appears and inserting in lieu thereof “five school years”.

  5. Improving America’s Schools Act of 1994

    Pub. L. 103–382 title III § 391(b)(5) · 108 Stat. 3518

    Struck · 10 U.S.C. § 4703(a)(2)(A)

    Pub. L. 103–382 struck out “chapter 1 of” after “grant under”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 103–382 struck out “chapter 1 of” after “grant under”.

    Enacted provision · exact public law section
    (5) Subparagraph (A) of section 2410j(a)(2) of title 10, United States Code, is amended by striking “chapter 1 of”.

  6. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1503(a)(23) · 110 Stat. 186

    Substituted · 10 U.S.C. § 4703(a)(2)(A)

    Pub. L. 104–106 substituted “6301” for “2701”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 104–106 substituted “6301” for “2701”.

    Enacted provision · exact public law section
    (23) Section 2410j(a)(2)(A) is amended by striking out “2701” and inserting in lieu thereof “6301”.

  7. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title V § 576(c) · 110 Stat. 2422

    Substituted · 10 U.S.C. § 4703(f)(2)(A); 10 U.S.C. § 4703(f)(2)(B)

    Pub. L. 104–201 substituted “two school years” for “five school years”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(A), (B). Pub. L. 104–201 substituted “two school years” for “five school years”.

    Enacted provision · exact public law section
    (c) Displaced Department of Defense Contractor Employees.— Section 2410j(f)(2) of such title is amended by striking out “five school years” in subparagraphs (A) and (B) and inserting in lieu thereof “two school years”.

  8. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Inserted · 10 U.S.C. § 4703(f)(2)

    Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(14)(A)], inserted “as in effect on October 4, 1999,” after “of this title,” in subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(14)(A)], inserted “as in effect on October 4, 1999,” after “of this title,” in subpars. (A) and (B).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  9. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Inserted · 10 U.S.C. § 4703(h)

    Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(14)(B)], inserted “, as in effect on October 4, 1999,” after “of this title”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(14)(B)], inserted “, as in effect on October 4, 1999,” after “of this title”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  10. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1863(b) · 134 Stat. 3388

    Changed · 10 U.S.C. § 4703

    Pub. L. 116–283 renumbered section 2410j of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283 renumbered section 2410j of this title as this section.

    Enacted provision · exact public law section
    (b) Transfer of Title 10 Sections.— Sections 2409, 2409a, 2410j, and 2410k of title 10, United States Code, are transferred to chapter 365 of such title, as amended by subsection (a), inserted (in that order) after the table of sections, and redesignated as sections 4701, 4702, 4703, and 4704, respectively.

    Effective date note
    Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

10 of 10 references resolved to an enrolled provision

Editorial Notes

References in Text

The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(A), is Pub. L. 89–10, , 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 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, § 1707(a)(1), , 113 Stat. 823, and a new section 1151 of this title was subsequently added by Pub. L. 109–364, § 561(a).

Section 472 of the Higher Education Act of 1965, referred to in subsec. (g)(1)(B), which is classified to section 1087ll of Title 20, Education, was generally amended by Pub. L. 116–260, div. FF, title VII, § 702(b), , 134 Stat. 3138. For provisions similar to former pars. (1), (2), (3), (8), and (9), see subsec. (a)(1), (2), (5), (9), and (10), respectively, of section 1087ll of Title 20.

The Higher Education Act of 1965, referred to in subsec. (g)(2), is Pub. L. 89–329, , 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

Amendments1993–2021 · 5 rounds

2021

2000

Subsec. (f)(2). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(14)(A)], inserted “as in effect on ,” after “of this title,” in subpars. (A) and (B).

Subsec. (h). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(14)(B)], inserted “, as in effect on ,” 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, § 201(b)(1)(A), renumbered section 2410c of this title as section 2410j.

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, § 201(g)(6), substituted “aide” for “aid” after “for placement as a teacher’s”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–160 not applicable with respect to persons selected by Secretary of Defense before , to participate in teacher and teacher’s aide placement programs established pursuant to sections 1598 and 4703 of this title and former section 1151 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 1598 or 4703 of this title or former section 1151 of this title before , see section 576(d) of Pub. L. 104–201, set out as a note under section 1598 of this title.

Credits

1992–2021 · 8 acts
  1. 1992Added Pub. L. 102–484, div. D, title XLIV, § 4443(a), , 106 Stat. 2732, § 2410c
  2. 1993renumbered § 2410j and amended Pub. L. 103–35, title II, § 201(b)(1)(A), (g)(6), , 107 Stat. 97, 100
  3. 1993Pub. L. 103–160, div. A, title XIII, § 1331(c)(3), , 107 Stat. 1792
  4. 1994Pub. L. 103–382, title III, § 391(b)(5), , 108 Stat. 4022
  5. 1996Pub. L. 104–106, div. A, title XV, § 1503(a)(23), , 110 Stat. 512
  6. 1996Pub. L. 104–201, div. A, title V, § 576(c), , 110 Stat. 2535
  7. 2000Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(14)], , 114 Stat. 1654, 1654A–291
  8. 2021renumbered § 4703, Pub. L. 116–283, div. A, title XVIII, § 1863(b), , 134 Stat. 4278.
Show as published

(Added Pub. L. 102–484, div. D, title XLIV, § 4443(a), , 106 Stat. 2732, § 2410c; renumbered § 2410j and amended Pub. L. 103–35, title II, § 201(b)(1)(A), (g)(6), , 107 Stat. 97, 100; Pub. L. 103–160, div. A, title XIII, § 1331(c)(3), , 107 Stat. 1792; Pub. L. 103–382, title III, § 391(b)(5), , 108 Stat. 4022; Pub. L. 104–106, div. A, title XV, § 1503(a)(23), , 110 Stat. 512; Pub. L. 104–201, div. A, title V, § 576(c), , 110 Stat. 2535; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(14)], , 114 Stat. 1654, 1654A–291; renumbered § 4703, Pub. L. 116–283, div. A, title XVIII, § 1863(b), , 134 Stat. 4278.)

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