Notes on 10 U.S.C. § 1143 : US Code - Notes

Search Notes on 10 U.S.C. § 1143 : US Code - Notes

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5,
1990, 104 Stat. 1553; amended Pub. L. 103-337, div. A, title V,
Sec. 542(a)(2), Oct. 5, 1994, 108 Stat. 2767; Pub. L. 105-85, div.
A, title X, Sec. 1073(a)(21), Nov. 18, 1997, 111 Stat. 1901; Pub.
L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.
2314.)
AMENDMENTS
2002 - Subsecs. (a) to (d). Pub. L. 107-296 substituted "of
Homeland Security" for "of Transportation".
1997 - Subsec. (d). Pub. L. 105-85 substituted "section
1784(a)(2) of this title" for "section 806(a)(2) of the Military
Family Act of 1985".
1994 - Pub. L. 103-337, Sec. 542(a)(2)(A), struck out ":
Department of Defense" after "assistance" in section catchline.
Subsec. (a). Pub. L. 103-337, Sec. 542(a)(2)(B), inserted "and
the Secretary of Transportation with respect to the Coast Guard"
after "Secretary of Defense" and struck out "under the jurisdiction
of the Secretary" after "armed forces".
Subsec. (b). Pub. L. 103-337, Sec. 542(a)(2)(C), inserted at end
"The Secretary of Transportation shall establish permanent
employment assistance centers at appropriate Coast Guard
installations."
Subsec. (c). Pub. L. 103-337, Sec. 542(a)(2)(D), inserted "and
the Secretary of Transportation" after "Secretary of Defense".
Subsec. (d). Pub. L. 103-337, Sec. 542(a)(2)(E), inserted at end
"The Secretary of Transportation shall provide the same preference
in hiring to involuntarily separated members of the Coast Guard,
and the dependents of such members, in Coast Guard nonappropriated
fund instrumentalities."
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-337 applicable only to members of the
Coast Guard who are separated after Sept. 30, 1994, see section
542(e) of Pub. L. 103-337, set out as a note under section 1141 of
this title.
DEMONSTRATION PROGRAM FOR TRAINING RECENTLY DISCHARGED VETERANS FOR
EMPLOYMENT IN CONSTRUCTION AND HAZARDOUS WASTE REMEDIATION
Pub. L. 103-160, div. A, title XIII, Sec. 1337, Nov. 30, 1993,
107 Stat. 1805, authorized the Secretary of Defense to establish a
demonstration program to promote training and employment of
veterans in construction and hazardous waste remediation industries
and to make grants under the program to organizations that had met
certain eligibility criteria, and directed the Secretary to
obligate the funds to carry out the program not later than Oct. 1,
1994, and to submit to Congress interim and final reports not later
than Dec. 31, 1995.
IMPROVED COORDINATION OF JOB TRAINING AND PLACEMENT PROGRAMS FOR
MEMBERS OF ARMED FORCES
Pub. L. 102-484, div. D, title XLIV, Sec. 4461, Oct. 23, 1992,
106 Stat. 2738, as amended by Pub. L. 105-277, div. A, Sec. 101(f)
[title VIII, Sec. 405(d)(7)(B), (f)(6)(B)], Oct. 21, 1998, 112
Stat. 2681-337, 2681-419, 2681-430; Pub. L. 105-332, Sec. 3(b),
Oct. 31, 1998, 112 Stat. 3125; Pub. L. 106-398, Sec. 1 [[div. A],
title X, Sec. 1087(g)(7)], Oct. 30, 2000, 114 Stat. 1654, 1654A-
294; Pub. L. 107-107, div. A, title X, Sec. 1048(h)(3), Dec. 28,
2001, 115 Stat. 1229, provided that: "The Secretary of Defense
shall consult with the Secretary of Labor, the Secretary of
Education, the Secretary of Veterans Affairs, and the Economic
Adjustment Committee to improve the coordination of, and eliminate
duplication between, the following job training and placement
programs available to members of the Armed Forces who are
discharged or released from active duty:
"(1) Title I of the Workforce Investment Act of 1998 [29 U.S.C.
2801 et seq.].
"(2) Sections 1143 and 1144 of title 10, United States Code.
"(3) Chapter 41 of title 38, United States Code.
"(4) The Act of August 16, 1937 (Chapter 663; 50 Stat 664; 29
U.S.C. 50 et seq.), commonly known as the National Apprenticeship
Act.
"(5) The Wagner-Peyser Act (29 U.S.C. 49 et seq.)."
PARTICIPATION OF DISCHARGED MILITARY PERSONNEL IN UPWARD BOUND
PROJECTS TO PREPARE FOR COLLEGE
Pub. L. 102-484, div. D, title XLIV, Sec. 4466, Oct. 23, 1992,
106 Stat. 2748, as amended by Pub. L. 103-337, div. A, title V,
Sec. 543(f), Oct. 5, 1994, 108 Stat. 2771; Pub. L. 107-296, title
XVII, Sec. 1704(e)(4), Nov. 25, 2002, 116 Stat. 2315, provided
that:
"(a) Program. - The Secretary of Defense may carry out a program
to assist a member of the Armed Forces described in subsection (b)
who is accepted to participate in an upward bound project assisted
under section 402C of the Higher Education Act of 1965 (20 U.S.C.
1070a-13) to cover the cost of providing services through the
project to the member to assist the member to prepare for and
pursue a program of higher education upon separation from active
duty. Assistance provided under the program may include a stipend
provided under subsection (d) of such section.
"(b) Eligible Members. - A member of the Armed Forces shall be
eligible for assistance under subsection (a) if the member -
"(1) was on active duty or full-time National Guard duty on
September 30, 1990;
"(2) during the five-year period beginning on that date, was or
is discharged or released from such duty (under other than
adverse circumstances); and
"(3) submits an application to the Secretary of Defense within
such time, in such form, and containing such information as the
Secretary of Defense may require.
"(c) Notification of Members Previously Separated. - To the
extent feasible, the Secretary of Defense shall notify members of
the Armed Forces who, between September 30, 1990, and the date of
the enactment of this Act [Oct. 23, 1992], were discharged or
released from active duty or full-time National Guard duty
regarding the availability of the program under subsection (a). The
Secretary may establish a time limit within which such members may
apply to participate in the program.
"(d) Provision of Assistance. -
"(1) Determination of amount. - The amount of assistance
provided under subsection (a) to a member of the Armed Forces
shall be equal to the anticipated cost of providing services to
the member through an upward bound project, subject to the
limitation that such amount may not exceed the monthly basic pay
to which the member is entitled at the time of the separation of
the member. The Secretary of Defense may provide assistance in
excess of that limitation if the Secretary determines, on a case
by case basis, that such assistance is warranted by the special
training needs of the member.
"(2) Consultation. - The Secretary of Education may assist the
Secretary of Defense in determining the amount to be provided
under paragraph (1).
"(e) Use of Assistance. - A member of the Armed Forces who is
selected to participate in the program may receive services through
any upward bound project assisted under section 402C of the Higher
Education Act of 1965 (20 U.S.C. 1070a-13) to the same extent as
other individuals eligible to receive such services. A member may
not participate after the end of the two-year period beginning on
the date on which the member is discharged or released from active
duty, except that, in the case of a member described in subsection
(b) who was discharged or released from active duty before the date
of the enactment of this Act [Oct. 23, 1993], the period for
participation in the program shall be two years from the date of
the enactment of this Act.
"(f) Reimbursement. - Upon submission to the Secretary of Defense
of a request for reimbursement of the costs to provide services to
a participant, the Secretary shall reimburse the upward bound
project submitting the request for the actual cost of providing
services (including a stipend) to the member, not to exceed the
amount provided under subsection (d)(1). Funds provided under this
subsection shall be in addition to the funds otherwise provided to
the project under the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.). Not more than 10 percent of the funds provided under this
subsection may be used for administrative costs.
"(g) Funding for Fiscal Year 1993. - Of the amount authorized to
be appropriated in section 301 [106 Stat. 2360] for Defense
Agencies, $5,000,000 shall be available to provide assistance under
this section.
"(h) Application to Coast Guard. - The Secretary of Homeland
Security may implement the provisions of this section for the Coast
Guard in the same manner and to the same extent as such section
applies to the Department of Defense."
SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING
Section 543(g)(2) of Pub. L. 103-337 provided that: "As soon as
possible after the date of the enactment of this Act [Oct. 5,
1994], the Secretary of Transportation shall implement the
requirements of the Service Members Occupational Conversion and
Training Act of 1992 (subtitle G of title XLIV of Public Law 102-
484; 10 U.S.C. 1143 note) for the Coast Guard."
Pub. L. 102-484, div. D, title XLIV, subtitle G, Oct. 23, 1992,
106 Stat. 2757, as amended by Pub. L. 103-160, div. A, title XIII,
Sec. 1338, Nov. 30, 1993, 107 Stat. 1807; Pub. L. 103-337, div. A,
title V, Sec. 543(g)(1), Oct. 5, 1994, 108 Stat. 2772; Pub. L. 103-
446, title VI, Sec. 610(a)(1), (2)(A), (b), (c), Nov. 2, 1994, 108
Stat. 4673; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
405(d)(7)(D), (f)(6)(D)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-
420, 2681-430, provided that:
"SEC. 4481. SHORT TITLE.
"This subtitle [subtitle G (Secs. 4481-4497) of title XLIV of
Pub. L. 102-484] may be cited as the 'Service Members Occupational
Conversion and Training Act of 1992'.
"SEC. 4482. FINDINGS AND PURPOSES.
"(a) Findings. - The Congress finds that -
"(1) the men and women serving in our Nation's Armed Forces are
of the highest caliber - intelligent, dedicated, and disciplined -
and hundreds of thousands of these service members will be
separating from the Armed Forces due to the drawdown in military
personnel;
"(2) these men and women will be entering the civilian
workforce during a time of economic instability and uncertainty;
"(3) many of these service personnel specialized in critical
skills such as combat arms which will not transfer to the
civilian workforce;
"(4) as part of the Nation's obligation to these service
members, the Secretary of Defense has a unique responsibility and
obligation to provide them with the tools they need to be
reassimilated into the civilian community and continue to be
outstanding, productive citizens;
"(5) the rapid placement of separated military personnel in
civilian employment and training opportunities will significantly
reduce the Department of Defense's costs relative to unemployment
compensation for ex-service members;
"(6) military personnel are a national resource whose skills
and abilities must be absorbed by and integrated into the
civilian workforce; and
"(7) providing such training will reduce the total cost of the
drawdown and is important to the national defense function of the
Department of Defense.
"(b) Purpose. - The purpose of this subtitle is to provide
additional means by which the Secretary of Defense can manage the
drawdown of the Armed Forces and to provide additional forms of
assistance to members of the Armed Forces who are forced or induced
to leave military service by reason of the drawdown of the Armed
Forces, thereby facilitating the Secretary's ability to achieve end
strength reductions caused by the drawdown.
"SEC. 4483. DEFINITIONS.
"For the purposes of this subtitle:
"(1) The term 'Secretary' means the Secretary of Defense with
respect to the Department of Defense and the Secretary of
Transportation with respect to the Coast Guard.
"(2) The terms 'veteran', 'compensation', 'service-connected',
'State', and 'active military, naval, or air service' have the
meanings given such terms in paragraphs (2), (13), (16), (20),
and (24), respectively, of section 101 of title 38, United States
Code.
"SEC. 4484. ESTABLISHMENT OF PROGRAM.
"(a) Establishment. - Not later than 60 days after the date of
enactment of this Act [Oct. 23, 1992], the Secretary shall carry
out a program in accordance with this subtitle to assist eligible
persons in obtaining employment through participation in programs
of significant training for employment in stable and permanent
positions. The Secretary may enter into an agreement with the
Secretary of Veterans Affairs, the Secretary of Labor, or both, for
the implementation of the program. The program shall be carried out
through payments to employers who employ and train eligible persons
in such positions. Such payments shall be made to assist such
employers in defraying the costs of necessary training.
"(b) State Agencies. - (1) The implementing official may enter
into contracts or agreements with State approving agencies, as
designated pursuant to section 3671(a) of title 38, United States
Code, or other State agencies to carry out any duty of the
implementing official under this subtitle. Payment may be made to
such agencies pursuant to any such contract or agreement for
reasonable and necessary expenses of salary and travel incurred by
employees of such agencies in carrying out such duties. Each such
payment may be made only from funds available to the implementing
official pursuant to section 4495(a)(3).
"(2) Each State approving agency or other State agency with which
a contract or agreement is entered into under this section shall
submit to the implementing official on a monthly or quarterly
basis, as determined by the agency, a report containing a
certification of such expenses for the period covered by the
report. The report shall be submitted in the form and manner
required by such official.
"(c) Expeditious Implementation. - A requirement in this subtitle
to issue regulations shall not be the basis for a delay in carrying
out this program within the time limit established by subsection
(a).
"SEC. 4485. ELIGIBILITY FOR PROGRAM; PERIOD OF TRAINING.
"(a) In General. - (1) To be eligible for participation in a
program of job training under this subtitle, an eligible person
must be an eligible person described in paragraph (2) who -
"(A)(i) is unemployed at the time of applying for participation
in a program under this subtitle; and
"(ii) has been unemployed for at least 8 of the 15 weeks
immediately preceding the date of such eligible person's
application for participation in a program under this subtitle;
"(B) separates from the active military, naval, or air service
and whose primary or secondary occupational specialty in the
Armed Forces is (as determined under regulations prescribed by
the Secretary and in effect before the date of such separation)
not readily transferable to the civilian workforce; or
"(C) served in the active military, naval, or air service and
is entitled to compensation (or who but for the receipt of
military retired pay would be entitled to compensation) under the
laws administered by the Secretary of Veterans Affairs for a
disability rated at 30 percent or more.
"(2) For purposes of paragraph (1), an eligible person referred
to in paragraph (1) is a veteran who -
"(A) was discharged on or after August 2, 1990; and
"(B)(i) served in the active military, naval, or air service
for a period of more than 90 days; or
"(ii) was discharged or released from active duty because of a
service-connected disability.
"(3) For purposes of paragraph (1), an eligible person shall be
considered to be unemployed during any period such person is
without a job and wants and is available for work. In determining
whether a person is unemployed for purposes of paragraph (1), the
implementing official shall not take into consideration part-time
or temporary employment, as defined by such official.
"(b) Application Process. - (1) An eligible person who desires to
participate in a program of job training under this subtitle shall
submit to the implementing official an application for
participation in such a program. Such an application -
"(A) shall include a certification by the eligible person that
the eligible person meets the criteria for eligibility prescribed
by subparagraph (A), (B), or (C) of subsection (a)(1);
"(B) shall include an opportunity for the eligible person to
request counseling under section 4493(a); and
"(C) shall be in such form and contain such additional
information as such official may prescribe.
"(2)(A) Subject to subparagraph (B), an application by an
eligible person for participation in a program of job training
under this subtitle shall be approved unless the implementing
official finds that the eligible person is not eligible to
participate in a program of job training under this subtitle.
"(B) Approval of an application of an eligible person under this
subtitle may be withheld if the implementing official determines
that, because of limited funds available for the purpose of making
payments to employers under this subtitle, it is necessary to limit
the number of participants in the program carried out under this
subtitle.
"(3)(A) Subject to section 4491(c), the implementing official
shall certify as eligible for participation under this subtitle an
eligible person whose application is approved under this subsection
and shall furnish the eligible person with a certificate of that
eligible person's eligibility for presentation to an employer
offering a program of job training under this subtitle. Any such
certificate shall expire 180 days after it is furnished to the
eligible person. The date on which a certificate is furnished to an
eligible person under this paragraph shall be stated on the
certificate.
"(B) A certificate furnished under this paragraph may, upon the
eligible person's application, be renewed in accordance with the
terms and conditions of subparagraph (A).
"(c) Appeal of Denial of Certificate. - The implementing official
shall permit each eligible person who is not issued a certificate
of eligibility under subsection (b) (other than an eligible person
who is not issued such a certificate by reason of subsection
(b)(2)(B)) to challenge in a hearing before the implementing
official the decision of the implementing official not to issue the
certificate. The implementing official shall prescribe procedures
with respect to the initiation and conduct of hearings under this
subsection.
"(d) Period of Training. - An employer shall provide a period of
training under a program of job training under this subtitle of not
less than 6 months in a field of employment providing a reasonable
probability of stable, long-term employment.
"SEC. 4486. APPROVAL OF EMPLOYER PROGRAMS.
"(a) In General. - (1) An employer may be paid assistance under
section 4487(a) on behalf of an eligible person employed by such
employer and participating in a program of job training offered by
that employer only if the program is approved under this section.
"(2) Except as provided in subsection (b), a proposed program of
job training of an employer shall be approved unless the
implementing official determines that the application does not
contain a certification and other information meeting the
requirements established under this subtitle or that withholding of
approval is warranted under subsection (g).
"(b) Ineligible Programs. - A program of job training -
"(1) for employment which consists of seasonal, intermittent,
or temporary jobs;
"(2) for employment under which commissions are the primary
source of income;
"(3) for employment which involves political or religious
activities;
"(4) for employment with any department, agency,
instrumentality, or branch of the Federal Government (including
the United States Postal Service and the Postal Rate Commission);
or
"(5) for employment outside of a State,
may not be approved under this subtitle.
"(c) Application. - An employer offering a program of job
training that the employer desires to have approved for the
purposes of this subtitle shall submit to the implementing official
a written application for such approval. Such application shall be
in such form as such official shall prescribe.
"(d) Certification. - An application under subsection (c) shall
include a certification by the employer of the following:
"(1) That the employer is planning that, upon an eligible
person's completion of the program of job training, the employer
will employ the eligible person in a position for which the
eligible person has been trained and that the employer expects
that such a position will be available on a stable and permanent
basis to the eligible person at the end of the training period.
"(2) That the wages and benefits to be paid to an eligible
person participating in the employer's program of job training
will be not less than the wages and benefits normally paid to
other employees participating in the same or a comparable program
of job training in the community for the entire period of
training of the eligible person.
"(3) That the employment of an eligible person under the
program -
"(A) will not result in the displacement of currently
employed workers (including partial displacement such as a
reduction in the hours of nonovertime work, wages, or
employment benefits); and
"(B) will not be in a job (i) while any other individual is
on layoff from the same or any substantially equivalent job, or
(ii) the opening for which was created as a result of the
employer having terminated the employment of any regular
employee or otherwise having reduced its work force with the
intention of hiring an eligible person in such job under this
subtitle.
"(4) That the employer will not employ in the program of job
training an eligible person who is already qualified by training
and experience for the job for which training is to be provided.
"(5) That the job which is the objective of the training
program is one that involves significant training.
"(6) That the training content of the program is adequate, in
light of the nature of the occupation for which training is to be
provided and of comparable training opportunities in such
occupation, to accomplish the training objective certified under
paragraph (2) of subsection (e).
"(7) That each participating eligible person will be employed
full time in the program of job training.
"(8) That the training period under the proposed program is not
longer than the training periods that employers in the community
customarily require new employees to complete in order to become
competent in the occupation or job for which training is to be
provided.
"(9) That there are in the training establishment or place of
employment such space, equipment, instructional material, and
instructor personnel as are needed to accomplish the training
objective certified under subsection (e)(2).
"(10) That the employer will keep records adequate to show the
progress made by each eligible person participating in the
program and otherwise to demonstrate compliance with the
requirements established under this subtitle.
"(11) That the employer will furnish each participating
eligible person, before the eligible person's entry into
training, with a copy of the employer's certification under this
subsection and will obtain and retain the eligible person's
signed acknowledgment of having received such certification.
"(12) That, as applicable, the employer will provide each
participating eligible person with the full opportunity to
participate in a personal interview pursuant to section
4493(b)(1)(B) during the eligible person's normal workday.
"(13) That the program meets such other criteria as the
Secretary, in consultation with the Secretary of Veterans Affairs
and the Secretary of Labor, may determine are essential for the
effective implementation of the program established by this
subtitle.
"(e) Hours and Training Content. - A certification under
subsection (d) shall include -
"(1) a statement indicating (A) the total number of hours of
participation in the program of job training to be offered an
eligible person, (B) the length of the program of job training,
and (C) the starting rate of wages to be paid to a participant in
the program; and
"(2) a description of the training content of the program
(including any agreement the employer has entered into with an
educational institution under section 4489) and of the objective
of the training.
"(f) Status of Certified Matters. - (1) Except as specified in
paragraph (2), each matter required to be certified to in
paragraphs (1) through (11) of subsection (d) shall be considered
to be a requirement established under this subtitle.
"(2)(A) For the purposes of section 4487(c), only matters
required to be certified in paragraphs (1) through (10) of
subsection (d) shall be so considered.
"(B) For the purposes of section 4490, a matter required to be
certified under paragraph (12) of subsection (d) shall also be so
considered.
"(g) Withholding Approval; Disapproval. - In accordance with
regulations which the Secretary shall prescribe, the implementing
official may withhold approval of an employer's proposed program of
job training pending the outcome of an investigation under section
4491 and, based on the outcome of such an investigation, may
disapprove such program.
"(h) On-Job Training. - For the purposes of this section,
approval of a program of apprenticeship or other on-job training
for the purposes of section 3687 of title 38, United States Code,
shall be considered to meet all requirements established under the
provisions of this subtitle (other than subsection (b) and (d)(3))
for approval of a program of job training.
"SEC. 4487. PAYMENTS TO EMPLOYERS; OVERPAYMENT.
"(a) Payments. - (1)(A) Except as provided in subsections (b) and
(c) and subject to section 4485(d), the implementing official shall
make payments to employers in accordance with this section. The
amount payable to such an employer on behalf of an eligible person
with respect to an approved program of job training under this
subtitle shall be determined by such official at the beginning of
such program. Except as provided in subparagraphs (B) and (C), that
amount shall be equal to 50 percent of the product of (i) the
starting hourly rate of wages paid to the eligible person by the
employer (without regard to overtime or premium pay), and (ii) the
number of hours to be worked by the eligible person during the
entire program period but in no event to exceed hours equivalent to
18 months of training.
"(B) In no case may the amount determined under subparagraph (A)
exceed -
"(i) $12,000 for an eligible person with a service-connected
disability rated at 30 percent or more; or
"(ii) $10,000 for an eligible person not described in clause
(i).
"(C) Assistance may be paid under this subtitle on behalf of an
eligible person to that person's employer for training under two or
more programs of job training under this subtitle if such employer
has not received (or is not due) on that person's behalf assistance
in an amount aggregating the applicable amount set forth in
subparagraph (B).
"(b) Payment Period. - (1) Except as provided in paragraphs (2)
and (3), the implementing official shall pay training assistance to
employers under this section on a quarterly basis.
"(2) The implementing official may pay training assistance to an
employer on a monthly basis if the implementing official determines
(pursuant to regulations prescribed by the implementing official)
that the number of employees of the employer is such that the
payment of assistance on a quarterly basis would be burdensome to
the employer.
"(3) The implementing official shall withhold 25 percent of each
payment due under this subsection with respect to an eligible
person. The total amount withheld with respect to an eligible
person under this paragraph shall be paid to the employer at the
end of the four month period of employment of such person under
this subtitle beginning on the date of completion of training, or
upon the completion of the 18th month of training under the last
training program approved for the person's pursuit with that
employer under this subtitle, whichever is earlier.
"(c) Tools and Other Work-Related Materials. - In addition to
payments under subsection (a), the implementing official shall
reimburse the employer for the cost of tools and other work-related
materials necessary for the eligible person's participation in the
program of job training in an amount up to $500 if the employer
presents to the implementing official a certification signed by the
employer and eligible person that -
"(1) tools and other work-related materials are necessary for
the eligible person's participation in the job training program,
"(2) the eligible person bought the tools and other work-
related materials, and
"(3) the employer paid the eligible person for the cost of the
tools and other work-related materials.
"(d) Overpayments. - (1)(A) Whenever the implementing official
finds that an overpayment under this subtitle has been made to an
employer on behalf of an eligible person as a result of a
certification, or information contained in an application,
submitted by an employer which was false in any material respect,
the amount of such overpayment shall constitute a liability of the
employer to the United States.
"(B) Whenever such official finds that an employer has failed in
any substantial respect to comply for a period of time with a
requirement established under this subtitle (unless the employer's
failure is the result of false or incomplete information provided
by the eligible person), each amount paid to the employer on behalf
of an eligible person for that period shall be considered to be an
overpayment under this subtitle, and the amount of such overpayment
shall constitute a liability of the employer to the United States.
"(2) Whenever such official finds that an overpayment under this
subtitle has been made to an employer on behalf of an eligible
person as a result of a certification by the eligible person, or as
a result of information provided to an employer or contained in an
application submitted by the eligible person, which was willfully
or negligently false in any material respect, the amount of such
overpayment shall constitute a liability of the eligible person to
the United States.
"(3) Any overpayment referred to in paragraph (1) or (2) may be
recovered in the same manner as any other debt due the United
States. Any overpayment recovered shall be credited to funds
available to make payments under this subtitle. If there are no
such funds, any overpayment recovered shall be deposited into the
Treasury.
"(4) Any overpayment referred to in paragraph (1) or (2) may be
waived, in whole or in part, in accordance with the terms and
conditions set forth in section 5302 of title 38, United States
Code.
"(e) Limitations. - (1) Payment may not be made to an employer
for a period of training under this subtitle on behalf of an
eligible person until the implementing official has received -
"(A) from the eligible person, a certification that the
eligible person was employed full time by the employer in a
program of job training during such period; and
"(B) from the employer, a certification -
"(i) that the eligible person was employed by the employer
during that period and that the eligible person's performance
and progress during such period were satisfactory; and
"(ii) of the number of hours worked by the eligible person
during that period.
With respect to the first such certification by an employer with
respect to an eligible person, the certification shall indicate the
date on which the employment of the eligible person began and the
starting hourly rate of wages paid to the eligible person (without
regard to overtime or premium pay).
"(2) Payment may not be made to an employer for a period of
training under this subtitle on behalf of an eligible person for
which a request for payment is made after two years after the date
on which that period of training ends.
"SEC. 4488. ENTRY INTO PROGRAM OF JOB TRAINING.
"(a) In General. - Notwithstanding any other provision of this
subtitle, the implementing official shall withhold or deny approval
of an eligible person's entry into an approved program of job
training if such official determines that funds are not available
to make payments under this subtitle on behalf of the eligible
person to the employer offering that program. Before the entry of
an eligible person into an approved program of job training of an
employer for purposes of assistance under this subtitle, the
employer shall notify such official of the employer's intention to
employ that eligible person. The eligible person may begin such
program of job training with the employer on the day that notice is
transmitted to such official by means prescribed by such official.
However, assistance under this subtitle may not be provided to the
employer if such official, within two weeks after the date on which
such notice is transmitted, disapproves the eligible person's entry
into that program of job training in accordance with this section.
"(b) Period for Commencement of Participation Under Certificate. -
An eligible person who is issued a certificate of eligibility for
participation in a program of job training under this subtitle
shall commence participation in such a program not more than 180
days after the date of the issuance of the certificate. The date on
which a certificate is furnished to an eligible person shall be
stated on the certificate.
"SEC. 4489. PROVISION OF TRAINING THROUGH EDUCATIONAL
INSTITUTIONS.
"An employer may enter into an agreement with an educational
institution that has been approved for the purposes of chapter 106
of title 10, United States Code, or any other institution offering
a program of job training, as approved by the Secretary of Veterans
Affairs, in order that such institution may provide a program of
job training (or a portion of such a program) under this subtitle.
When such an agreement has been entered into, the application of
the employer under section 4486 shall so state and shall include a
description of the training to be provided under the agreement.
"SEC. 4490. DISCONTINUANCE OF APPROVAL OF PARTICIPATION IN
CERTAIN EMPLOYER PROGRAMS.
"(a) Failure To Meet Requirements. - If the implementing official
finds at any time that a program of job training previously
approved for the purposes of this subtitle thereafter fails to meet
any of the requirements established under this subtitle, such
official may immediately disapprove further participation by
eligible persons in that program. Such official shall provide to
the employer concerned, and to each eligible person participating
in the employer's program, a statement of the reasons for, and an
opportunity for a hearing with respect to, such disapproval. The
employer and each such eligible person shall be notified of such
disapproval, the reasons for such disapproval, and the opportunity
for a hearing. Notification shall be by a certified or registered
letter, and a return receipt shall be secured.
"(b) Rate of Completion. - (1) If the implementing official
determines that the rate of eligible persons' successful completion
of an employer's programs of job training previously approved for
the purposes of this subtitle is disproportionately low because of
deficiencies in the quality of such programs, such official shall
disapprove participation in such programs on the part of eligible
persons who had not begun such participation on the date that the
employer is notified of the disapproval. In determining whether any
such rate is disproportionately low because of such deficiencies,
such official shall take into account appropriate data, including -

"(A) the quarterly data provided by the Secretary of Labor with
respect to the number of eligible persons who receive counseling
in connection with training under this subtitle, are referred to
employers under this subtitle, participate in job training under
this subtitle, and complete such training or do not complete such
training, and the reasons for noncompletion; and
"(B) data compiled through the particular employer's compliance
surveys.
"(2) With respect to a disapproval under paragraph (1), the
implementing official shall provide to the employer concerned the
kind of statement, opportunity for hearing, and notice described in
subsection (a).
"(3) A disapproval under paragraph (1) shall remain in effect
until such time as the implementing official determines that
adequate remedial action has been taken.
"SEC. 4491. INSPECTION OF RECORDS; INVESTIGATIONS.
"(a) Records. - The records and accounts of employers pertaining
to eligible persons on behalf of whom assistance has been paid
under this subtitle, as well as other records that the implementing
official determines to be necessary to ascertain compliance with
the requirements established under this subtitle, shall be
available at reasonable times for examination by authorized
representatives of the Federal Government.
"(b) Compliance Monitoring. - Such official may monitor employers
and eligible persons participating in programs of job training
under this subtitle to determine compliance with the requirements
established under this subtitle.
"(c) Investigations. - Such official may investigate any matter
such official considers necessary to determine compliance with the
requirements established under this subtitle. The investigations
authorized by this subsection may include examining records
(including making certified copies of records), questioning
employees, and entering into any premises or onto any site where
any part of a program of job training is conducted under this
subtitle, or where any of the records of the employer offering or
providing such program are kept.
"(d) Department of Labor. - Functions may be administered under
subsections (b) and (c) in accordance with an agreement between the
Secretary and the Secretary of Labor providing for the
administration of such subsections (or any portion of such
subsections) by the Department of Labor. Under such an agreement,
any entity of the Department of Labor specified in the agreement
may administer such subsections.
"SEC. 4492. COORDINATION WITH OTHER PROGRAMS.
"(a) Veterans Education Programs. - (1) Assistance may not be
paid under this subtitle to an employer on behalf of an eligible
person for any period of time described in paragraph (2) and to
such eligible person under chapter 30, 31, 32, 35, or 36 of title
38, United States Code, or chapter 106 of title 10, United States
Code, for the same period of time.
"(2) A period of time referred to in paragraph (1) is the period
of time beginning on the date on which the eligible person enters
into an approved program of job training of an employer for
purposes of assistance under this subtitle and ending on the last
date for which such assistance is payable.
"(b) Other Training and Employment. - Assistance may not be paid
under this subtitle to an employer on behalf of an eligible person
for any period if the employer receives for that period any other
form of assistance on account of the training or employment of the
eligible person, including assistance under title I of the
Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] or a
credit under section 51 of the Internal Revenue Code of 1986 [26
U.S.C. 51] (relating to credit for employment of certain new
employees).
"(c) Previous Completion of Program. - Assistance may not be paid
under this subtitle on behalf of an eligible person who has
completed a program of job training under this subtitle.
"(d) Promotion. - (1) In carrying out section 3116(b) of title
38, United States Code, the Secretary of Veterans Affairs shall
take all feasible steps to establish and encourage, for eligible
persons who are eligible to have payments made on their behalf
under such section, the development of training opportunities
through programs of job training under this subtitle.
"(2) The Secretary of Veterans Affairs, in cooperation with the
implementing official (unless the Secretary of Veterans Affairs is
the implementing official), shall take all feasible steps to ensure
that, in the cases of eligible persons who are eligible to have
payments made on their behalf under both this subtitle and section
3116(b) of title 38, United States Code, the authority under such
section is utilized, to the maximum extent feasible and consistent
with the eligible person's best interests, to make payments to
employers on behalf of such eligible persons.
"SEC. 4493. COUNSELING.
"(a) In General. - The implementing official shall, upon request,
provide, by contract or otherwise, employment counseling services
to any eligible person eligible to participate under this subtitle
in order to assist such eligible person in selecting a suitable
program of job training under this subtitle.
"(b) Case Manager. - (1) The implementing official shall provide
for a program under which -
"(A) except as provided in paragraph (2), a disabled veteran's
outreach program specialist appointed under section 4103A(a) of
title 38, United States Code, is assigned as a case manager for
each eligible person participating in a program of job training
under this subtitle;
"(B) the eligible person has an in-person interview with the
case manager not later than 60 days after entering into a program
of training under this subtitle; and
"(C) periodic (not less frequent than monthly) contact is
maintained with each such eligible person for the purpose of (i)
avoiding unnecessary termination of employment, (ii) referring
the eligible person to appropriate counseling, if necessary,
(iii) facilitating the eligible person's successful completion of
such program, and (iv) following up with the employer and the
eligible person in order to determine the eligible person's
progress in the program and the outcome regarding the eligible
person's participation in and successful completion of the
program.
"(2) No case manager shall be assigned pursuant to paragraph
(1)(A) -
"(A) for an eligible person if, on the basis of a
recommendation made by a disabled veterans' outreach program
specialist, the implementing official determines that there is no
need for a case manager for such eligible person; or
"(B) in the case of the employees of an employer, if the
implementing official determines that -
"(i) the employer has an appropriate and effective employee
assistance program that is available to all eligible persons
participating in the employer's programs of job training under
this subtitle; or
"(ii) the rate of eligible persons' successful completion of
the employer's programs of job training under this subtitle,
either cumulatively or during the previous program year, is 60
percent or higher.
"(3) The implementing official shall provide, to the extent
feasible, a program of counseling or other services designed to
resolve difficulties that may be encountered by eligible persons
during their training under this subtitle. Such counseling or other
services shall be similar to the counseling and other services
provided under sections 1712A, 3697A, 4103A, 4104, [former] 7723,
and [former] 7724 of title 38, United States Code, and section 1144
of title 10, United States Code.
"(c) Case Manager Required. - Before an eligible person who
voluntarily terminates from a program of job training under this
subtitle or is involuntarily terminated from such program by the
employer may be eligible to be provided with a further certificate,
or renewal of certification, of eligibility for participation under
this subtitle, such eligible person must be provided by the
Secretary of Labor, after consultation with the implementing
official, with a case manager.
"SEC. 4494. INFORMATION AND OUTREACH; USE OF AGENCY RESOURCES.
"(a) In General. - (1) The Secretary, the Secretary of Veterans
Affairs, and the Secretary of Labor shall jointly provide for an
outreach and public information program -
"(A) to inform eligible persons about the employment and job
training opportunities available under this subtitle and under
other provisions of law; and
"(B) to inform private industry and business concerns
(including small business concerns), public agencies and
organizations, educational institutions, trade associations, and
labor unions about the job training opportunities available
under, and the advantages of participating in, the program
established by this subtitle.
"(2) The Secretary, in consultation with the Secretary of Labor
and the Secretary of Veterans Affairs, shall promote the
development of employment and job training opportunities for
eligible persons by encouraging potential employers to make
programs of job training under this subtitle available for eligible
persons, by advising other appropriate Federal departments and
agencies of the program established by this subtitle, and by
advising employers of applicable responsibilities under chapters 41
and 42 of title 38, United States Code, with respect to eligible
persons.
"(b) Coordination. - The Secretary, the Secretary of Veterans
Affairs, and the Secretary of Labor shall coordinate the outreach
and public information program under subsection (a)(1), and job
development activities under subsection (a)(2), with job
counseling, placement, job development, and other services provided
for under chapters 41 and 42 of title 38, United States Code, and
with other similar services offered by other public agencies and
organizations.
"(c) Agency Resources. - (1) The Secretary, the Secretary of
Veterans Affairs, and the Secretary of Labor shall make available
such personnel as are necessary to facilitate the effective
implementation of this subtitle.
"(2) In carrying out the responsibilities of the Secretary of
Labor under this subtitle, the Secretary of Labor shall make
maximum use of the services of Directors and Assistant Directors
for Veterans' Employment and Training, disabled veterans' outreach
program specialists, and employees of local offices, appointed
pursuant to sections 4103, 4103A, and 4104 of title 38, United
States Code. To the extent that the implementing official withholds
approval of eligible persons' applications under this subtitle
pursuant to section 4485(b)(2)(B), the Secretary of Labor shall
take steps to assist such eligible persons in taking advantage of
opportunities that may be available to them under any other program
carried out with funds provided by the Secretary of Labor.
"(d) Small Business. - The implementing official shall request
and obtain from the Administrator of the Small Business
Administration a list of small business concerns and shall, on a
regular basis, update such list. Such list shall be used to
identify and promote possible training and employment opportunities
for eligible persons.
"(e) Assistance To Participate. - The Secretary, the Secretary of
Veterans Affairs, and the Secretary of Labor shall assist eligible
persons and employers desiring to participate under this subtitle
in making application and completing necessary certifications.
"(f) Collection of Certain Information. - The Secretary of Labor
shall, on a not less frequent than quarterly basis, collect and
compile from the heads of State employment services and Directors
for Veterans' Employment and Training for each State information
available to such heads and Directors, and derived from programs
carried out in their respective States, with respect to the numbers
of eligible persons who receive counseling services pursuant to
section 4493, who are referred to employers participating under
this subtitle, who participate in programs of job training under
this subtitle (including a description of the nature of the
training and salaries that are part of such programs), and who
complete such programs, and the reasons for eligible persons'
noncompletion.
"SEC. 4495. AUTHORIZATION OF APPROPRIATIONS.
"(a) In General. - (1) Of the amounts authorized to be
appropriated in section 301 [106 Stat. 2360] for Defense Agencies,
$75,000,000 shall be made available for the purpose of making
payments to employers under this subtitle. Of the amounts made
available pursuant to section 1302(a) of the National Defense
Authorization Act for Fiscal Year 1994 [Pub. L. 103-160, 107 Stat.
1783], $25,000,000 shall be made available for the purpose of
making payments to employers under this subtitle. The Secretary of
Veterans Affairs and the Secretary of Labor shall submit an
estimate to the Secretary of the amount needed to carry out any
agreement entered into under section 4484(a), including
administrative costs referred to in paragraph (3). Such agreements
shall include administrative procedures to ensure the prompt and
timely payments to employers by the implementing official.
"(2) Amounts made available pursuant to this section for a fiscal
year shall remain available until the end of the second fiscal year
following the fiscal year in which such amounts were appropriated.
"(3) Of the amounts made available pursuant to this section for a
fiscal year, six percent of such amounts may be used for the
purpose of administering this subtitle, including reimbursing
expenses incurred.
"(b) Availability of Deobligated Funds. - Notwithstanding any
other provision of law, any funds made available pursuant to this
section for a fiscal year which are obligated for the purpose of
making payments under section 4487 on behalf of an eligible person
(including funds so obligated which previously had been obligated
for such purpose on behalf of another eligible person and were
thereafter deobligated) and are later deobligated shall immediately
upon deobligation become available to the implementing official for
obligation for such purpose. The further obligation of such funds
by such official for such purpose shall not be delayed, directly or
indirectly, in any manner by any officer or employee in the
executive branch.
"SEC. 4496. TIME PERIODS FOR APPLICATION AND INITIATION OF
TRAINING.
"Assistance may not be paid to an employer under this subtitle -
"(1) on behalf of an eligible person who initially applies for
a program of job training under this subtitle after September 30,
1996; or
"(2) for any such program which begins after March 31, 1997.
"SEC. 4497. TREATMENT OF CERTAIN PROVISIONS OF LAW UPON TRANSFER
OF AMOUNTS PROVIDED UNDER THIS ACT.
"(a) Contingent Amendment. - If a transfer is made in accordance
with section 4501(c) of the full amount of the amount provided
under section 4495(a) for the program established under section
4484(a), then, effective as of the date of the enactment of this
Act [Oct. 23, 1992], the first sentence of section 4484(a) is
amended by striking 'the Secretary shall carry out' and inserting
'the Secretary may carry out'.
"(b) Publication in the Federal Register. - If the transfer
described in subsection (a) is made, then the Secretary of Defense
shall promptly publish in the Federal Register a notice of such
transfer. Such notice shall specify the date on which such transfer
occurred."
[Section 610(a)(2)(B) of Pub. L. 103-446 provided that: "The
amendment made by subparagraph (A) [amending section 4486(d)(2) of
Pub. L. 102-484, set out above] shall apply with respect to
programs of training under the Service Members Occupational
Conversion and Training Act of 1992 [subtitle G of title XLIV of
Pub. L. 102-484, set out above] beginning after the date of the
enactment of this Act [Nov. 2, 1994]."]
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]