10 U.S.C. § 4702 — Incentives and consideration for qualified

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 contractor in a manner consistent with the needs of the Department of Defense. (b) CONSIDERATION OF QUALIFIED TRAINING PRO- GRAMS.—The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of the availability, quality, and effectiveness of a qualified training program of an offeror as part of the past performance rat- ing of such offeror. (c) QUALIFIED TRAINING PROGRAM DEFINED.— The term ‘‘qualified training program’’ means any of the following: (1) A program eligible to receive funds under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). (2) A program eligible to receive funds under the Carl D. Perkins Career and Technical Edu- cation Act of 2006 (20 U.S.C. 2301 et seq.). (3) A program registered under the Act of August 16, 1937 (commonly known as the ‘‘Na- tional Apprenticeship Act’’; 50 Stat. 664; chap- ter 663; 29 U.S.C. 50 et seq.). (4) Any other program determined to be a qualified training program for purposes of this section, and that meets the workforce needs of the Department of Defense, as determined by the Secretary of Defense. (Added Pub. L. 116–92, div. A, title VIII, § 864(a), Dec. 20, 2019, 133 Stat. 1522, § 2409a; renumbered § 4702 and amended Pub. L. 116–283, div. A, title X, § 1081(a)(40), title XVIII, § 1863(b), Jan. 1, 2021, 134 Stat. 3873, 4278.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (c)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (c)(2), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. The Act of August 16, 1937, referred to in subsec. (c)(3), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, popularly known as the National Apprenticeship Act, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables. AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2409a of this title as this section. Subsec. (c)(3). Pub. L. 116–283, § 1081(a)(40), substituted ‘‘50 Stat. 664;’’ for ‘‘Stat. 664,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1863(b) of Pub. L. 116–283 effec- tive 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 pre- ceding section 3001 of this title. § 4703. Displaced contractor employees: assist- ance 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 employ- ment is terminated to obtain— (A) certification or licensure as an elemen- tary or secondary school teacher; or (B) the credentials necessary to serve as a teacher’s aide; and (2) to facilitate the employment of the sci- entist or engineer by a local educational agen- cy 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 hav- ing 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 applica- tion and selection process for the participation of defense contractors in a cooperative agree- ment authorized under subsection (a).