10 U.S.C. § 2014 — Administrative actions adversely affecting

Page 1648 TITLE 10—ARMED FORCES § 2014 section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. EFFECTIVE DATE Pub. L. 104–201, div. A, title III, § 362(b), Sept. 23, 1996, 110 Stat. 2493, provided that: ‘‘Section 2013 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1996.’’ § 2014. Administrative actions adversely affecting military training or other readiness activi- ties (a) CONGRESSIONAL NOTIFICATION.—Whenever an official of an Executive agency takes or pro- poses to take an administrative action that, as determined by the Secretary of Defense in con- sultation with the Chairman of the Joint Chiefs of Staff, affects training or any other readiness activity in a manner that has or would have a significant adverse effect on the military readi- ness of any of the armed forces or a critical component thereof, the Secretary shall submit a written notification of the action and each sig- nificant adverse effect to the head of the Execu- tive agency taking or proposing to take the ad- ministrative action. At the same time, the Sec- retary shall transmit a copy of the notification to the President, the Committee on Armed Serv- ices of the Senate, and the Committee on Armed Services of the House of Representatives. (b) NOTIFICATION TO BE PROMPT.—(1) Subject to paragraph (2), the Secretary shall submit a written notification of an administrative action or proposed administrative action required by subsection (a) as soon as possible after the Sec- retary becomes aware of the action or proposed action. (2) The Secretary shall prescribe policies and procedures to ensure that the Secretary receives information on an administrative action or pro- posed administrative action described in sub- section (a) promptly after Department of De- fense personnel receive notice of such an action or proposed action. (c) CONSULTATION BETWEEN SECRETARY AND HEAD OF EXECUTIVE AGENCY.—Upon notification with respect to an administrative action or pro- posed administrative action under subsection (a), the head of the Executive agency concerned shall— (1) respond promptly to the Secretary; and (2) consistent with the urgency of the train- ing or readiness activity involved and the pro- visions of law under which the administrative action or proposed administrative action is being taken, seek to reach an agreement with the Secretary on immediate actions to attain the objective of the administrative action or proposed administrative action in a manner which eliminates or mitigates the adverse ef- fects of the administrative action or proposed administrative action upon the training or readiness activity. (d) MORATORIUM.—(1) Subject to paragraph (2), upon notification with respect to an administra- tive action or proposed administrative action under subsection (a), the administrative action or proposed administrative action shall cease to be effective with respect to the Department of Defense until the earlier of— (A) the end of the five-day period beginning on the date of the notification; or (B) the date of an agreement between the head of the Executive agency concerned and the Secretary as a result of the consultations under subsection (c). (2) Paragraph (1) shall not apply with respect to an administrative action or proposed admin- istrative action if the head of the Executive agency concerned determines that the delay in enforcement of the administrative action or pro- posed administrative action will pose an actual threat of an imminent and substantial endangerment to public health or the environ- ment. (e) EFFECT OF LACK OF AGREEMENT.—(1) If the head of an Executive agency and the Secretary do not enter into an agreement under subsection (c)(2), the Secretary shall submit a written noti- fication to the President who shall take final ac- tion on the matter. (2) Not later than 30 days after the date on which the President takes final action on a mat- ter under paragraph (1), the President shall sub- mit to the committees referred to in subsection (a) a notification of the action. (f) LIMITATION ON DELEGATION OF AUTHORITY.— The head of an Executive agency may not dele- gate any responsibility under this section. (g) DEFINITION.—In this section, the term ‘‘Ex- ecutive agency’’ has the meaning given such term in section 105 of title 5, except that the term does not include the Government Account- ability Office. (Added Pub. L. 105–85, div. A, title III, § 325(a), Nov. 18, 1997, 111 Stat. 1678; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–375, div. A, title X, § 1084(c)(3), Oct. 28, 2004, 118 Stat. 2061.) Editorial Notes AMENDMENTS 2004—Subsec. (g). Pub. L. 108–375 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1999—Subsec. (a). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. § 2015. Program to assist members in obtaining professional credentials (a) PROGRAM REQUIRED.—The Secretary of De- fense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a program to enable members of the armed forces to obtain, while serving in the armed forces, professional credentials that translate into civilian occupations. (b) PAYMENT OF EXPENSES.—(1) Under the pro- gram required by this section, the Secretary of Defense and the Secretary of Homeland Secu- rity, with respect to the Coast Guard when it is not operating as a service in the Navy, shall pro- vide for the payment of expenses of members for professional accreditation, Federal occupational licenses, State-imposed and professional li- censes, professional certification, and related expenses. (2) The authority under paragraph (1) may not be used to pay the expenses of a member to ob-