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10 U.S.C. § 4703 — Displaced contractor employees: assistance to obtain certification and employment as teachers or employment as teachers’ aides

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4703 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) 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 consi

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Stable record: federal_law:legal_authorities:record_usc_232f613e530bfac68be50591
Source file: Laws/federal/codes/united-states-code/title-10/section-4703-displaced-contractor-employees-assistance-to-obtain-certification-and-em--6f6406195d.md
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Source location: Title 10, Chapter 365, § 4703; chapter-365-contractor-workforce.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1151/b/2&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1151/b/3&num=0&edition=prelim), 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) 11 See References in Text note below. of section 472 of the Higher Education Act of 1965 ([20 U.S.C. 1087](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087&num=0&edition=prelim)ll) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070&num=0&edition=prelim) et seq.). **(h) Placement of Participants as Teachers and Teachers’ Aides.—** Subsections (h) through (k) of [section 1151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1151&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1087 — Repayment by Secretary of loans of bankrupt, deceased, or disabled borrowers; treatment of borrowers attending schools that fail to provide a refund, attending closed schools, or falsely certified as eligible to borrow

**(a) Repayment in full for death and disability** (1) **In general** — If a student borrower who has received a loan described in subparagraph (A) or (B) of [section 1078(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a/1&num=0&edition=prelim) dies or becomes permanently and totally disabled (as determined in accordance with regulations of the Secretary), or if a student borrower who has received such a loan is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months then the Secretary shall discharge the borrower’s liability on the loan by repaying the amount owed on the loan. The Secretary may develop such safeguards as the Secretary determines necessary to prevent fraud and abuse in the discharge of liability under this subsection. Notwithstanding any other provision of this subsection, the Secretary may promulgate regulations to reinstate the obligation of, and resume collection on, loans discharged under this subsection in any case in which— (A) a borrower received a discharge of liability under this subsection and after the discharge the borrower— (i) receives a loan made, insured, or guaranteed under this subchapter; or (ii) has earned income in excess of the poverty line; or (B) the Secretary determines the reinstatement and resumption to be necessary. (2) **Disability determinations** — A borrower who has been determined by the Secretary of Veterans Affairs to be unemployable due to a service-connected condition and who provides documentation of

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2410c — Renumbered § 2922f]

### Statutory Notes #### Codification Another section 2410c was renumbered [section 4703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4703&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) 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, ba

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1070 — Repealed. Pub. L. 117–103, div. R, § 103(c)(2), Mar. 15, 2022, 136 Stat. 821

### Statutory Notes Section, Pub. L. 89–329, title IV, § 420R, as added Pub. L. 111–39, title IV, § 401(a)(9), July 1, 2009, 123 Stat. 1939, related to grants for veteran’s dependents, known as Iraq and Afghanistan Service Grants. #### Effective Date of Repeal Repeal effective as if included in title VII of div. FF of Pub. L. 116–260 and subject to the effective date of section 701(b) of title VII (July 1, 2024), see section 103(d) of div. R of Pub. L. 117–103, set out as an Effective Date of 2022 Amendment note under [section 1070a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1151 — Retention of assistive technology and services provided before separation

**(a) Authority.—** A member of the armed forces who is provided an assistive technology or assistive technology device for a severe or debilitating illness or injury incurred or aggravated by such member while on active duty may, under regulations prescribed by the Secretary of Defense, be authorized to retain such assistive technology or assistive technology device upon the separation of the member from active service. **(b) Definitions.—** In this section, the terms “assistive technology” and “assistive technology device” have the meaning given those terms in section 3 of the Assistive Technology Act of 1998 ([29 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3002&num=0&edition=prelim)).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2410j — Renumbered § 4703]

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4703 — Displaced contractor employees: assist-

Page 2829 TITLE 10—ARMED FORCES § 4703 INCLUSION OF CONTRACT CLAUSE IN CONTRACTS AWARDED BEFORE EFFECTIVE DATE Pub. L. 114–261, § 1(c), Dec. 14, 2016, 130 Stat. 1363, pro- vided that: ‘‘At the time of any major modification to a contract that was awarded before the date of the en- actment of this Act [Dec. 14, 2016], the head of the con- tracting agency shall make best efforts to include in the contract a contract clause providing for the appli- cability of the amendments made by this section [amending this section, section 2324 of this title, and sections 4304, 4310, and 4712 of Title 41, Public Con- tracts] and section 827 of the National Defense Author- ization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1833) [amending this section and section 2324 of this title].’’ INFORMATION FOR DEPARTMENT OF DEFENSE CON- TRACTOR EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS Pub. L. 110–417, [div. A], title VIII, § 842, Oct. 14, 2008, 122 Stat. 4539, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall en- sure that contractors of the Department of Defense in- form their employees in writing of employee whistle- blower rights and protections under section 2409 of title 10, United States Code [now 10 U.S.C. 4701], as imple- mented by subpart 3.9 of part I of title 48, Code of Fed- eral Regulations. ‘‘(b) CONTRACTOR DEFINED.—In this section, the term ‘contractor’ has the meaning given that term in section 2409(e)(4) of title 10, United States Code [now 10 U.S.C. 4701(g)(4)].’’ § 4702. Incentives and consideration for qualified training programs (a) INCENTIVES.—The Secretary of Defense shall develop workforce development invest- ment incentives for a contractor that imple- ments a qualified training program to develop the workforce of the contra

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