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 five 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 aide, an offer of full-time employment as a teacher's aide in an elementary or secondary school for not less than five 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. 10871) incurred by the participant while obtaining teacher certification or licen sure 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 eligi bility 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 sec tion.

(Added Pub. L. 102-484, div. D, title XLIV, § 4443(a), Oct. 23, 1992, 106 Stat. 2732, § 2410c; renumbered § 2410j and amended Pub. L. 103-35, title II, § 201(b)(1)(A), (g)(6), May 31, 1993, 107 Stat. 97, 100; Pub. L. 103-160, div. A, title XIII, § 1331(c)(3), Nov. 30, 1993, 107 Stat. 1792; Pub. L. 103-382, title III, § 391(b)(5), Oct. 20, 1994, 108 Stat. 4022.)

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(A), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 103-382, title I, § 101, Oct. 20, 1994, 108 Stat. 3519. 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.

The Higher Education Act of 1965, referred to in subsec. (g)(2), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV of the Act is classified gen. erally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20 and part C (§ 2751 et seq.) of subchapter I of chapter 34 of Title 42, The Public Health and Wel fare. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

AMENDMENTS

Page 1137

§ 2410k. Defense contractors: listing of suitable employment openings with local employment service office

(a) REGULATIONS.-The Secretary of Defense shall promulgate regulations containing the requirement described in subsection (b) and such other provisions as the Secretary considers necessary to administer such requirement. Such regulations shall require that each contract described in subsection (c) shall contain a clause requiring the contractor to comply with such regulations.

(b) REQUIREMENT.-The regulations promulgated under this section shall require each contractor carrying out a contract described in subsection (c) to list immediately with the appropriate local employment service office, and where appropriate the Interstate Job Bank (established by the United States Employment Service), all of its suitable employment openings under such contract.

(c) COVERED CONTRACTS.-The regulations promulgated under this section shall apply to any contract entered into with the Department of Defense in an amount of $500,000 or more. (Added Pub. L. 102-484, div. D, title XLIV, § 4470(a)(1), Oct. 23, 1992, 106 Stat. 2753, § 2410d; renumbered § 2410k and amended Pub. L. 103-35, title II, §§ 201(b)(1)(A), 202(a)(18)(A), May 31, 1993, 107 Stat. 97, 102.)

AMENDMENTS

1993-Pub. L. 103-35, § 201(b)(1)(A), renumbered section 2410d of this title as this section.

Pub. L. 103-35, § 202(a)(18)(A), made technical amendment to directory language of Pub. L. 102-484, which enacted this section.

(b) WAIVER.-The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform a cost comparison study under subsection (a)(2) based on factors that are not related to cost. (Added Pub. L. 103-337, div. A, title III, § 363(a)(1), Oct. 5, 1994, 108 Stat. 2733.)

EFFECTIVE DATE

Section 363(c) of Pub. L. 103-337 provided that: "Section 24107 of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act (Oct. 5, 1994]."

PROCEDURES FOR CONDuct of StuDIES

Section 363(b) of Pub. L. 103-337 provided that: "The Secretary of Defense shall prescribe the following procedures:

"(1) Procedures for carrying out a cost comparison study under subsection (a)(2) of section 24107 of title 10, United States Code, as added by subsection (a), which may contain a requirement that the cost com. parison study include consideration of factors that are not related to cost, including the quality of the service required to be performed, the availability of Department of Defense personnel, the duration and recurring nature of the services to be performed, and the consistency of the workload.

"(2) Procedures for reviewing contracts entered into after a waiver under subsection (b) of such section to determine whether the contract is justified and sufficiently documented."

EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 202(a)(18)(A) of Pub. L. 103-35 applicable as if included in the enactment of Pub. L. 102-484, see section 202(b) of Pub. L. 103-35, set out as a note under section 155 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT Section 4470(b) of Pub. L. 102-484 provided that: "Section 2410d of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts entered into beginning 120 days after the date of the enactment of this Act [Oct. 23, 1992]."

§ 24107. Contracts for advisory and assistance services: cost comparison studies

(a) REQUIREMENT.—(1)(A) Before the Secretary of Defense enters into a contract described in subparagraph (B), the Secretary shall determine whether Department of Defense personnel have the capability to perform the services proposed to be covered by the contract.

(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000.

(2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel.

AMENDMENTS

(C) A private, nonprofit organization. (D) A tribal organization, as defined in section 4(1) of the Indian Self-Determination and Education Assistance Act (Public Law 93-638; 25 U.S.C. 450b(l)), or an economic enterprise, as defined in section 3(e) of the Indian Financing Act of 1974 (Public Law 93-262; 25 U.S.C. 1452(e)), whether or not such economic enterprise is organized for profit purposes or nonprofit purposes. (2) The term "distressed area” means

(A) the area of a unit of local government (or such area excluding the area of any defined political jurisdiction within the area of such unit of local government) that

(i) has a per capita income of 80 percent or less of the State average; or

(ii) has an unemployment rate that is one percent greater than the national average for the most recent 24-month period for which statistics are available; or

(B) a reservation, as defined in section 3(d) of the Indian Financing Act of 1974 (Public Law 93-262; 25 U.S.C. 1452(d)).

(3) The term "Secretary" means the Secretary of Defense acting through the Director of the Defense Logistics Agency.

(4) The terms "State" and "local government" have the meaning given those terms in section 6302 of title 31.

(Added Pub. L. 98-525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; amended Pub. L. 99-145, title IX, § 919(a), Nov. 8, 1985, 99 Stat. 691; Pub. L. 99-500, § 101(c) [title X, § 956(a)), Oct. 18, 1986, 100 Stat. 1783-82, 1783-174, and Pub. L. 99-591, § 101(c) [title X, § 956(a)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-174; Pub. L. 99-661, div. A, title IX, formerly title IV, § 956(a), Nov. 14, 1986, 100 Stat. 3954, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100-180, div. A, title VIII, § 807(b), Dec. 4, 1987, 101 Stat. 1128; Pub. L. 100-456, div. A, title VIII, § 841(b)(2), Sept. 29, 1988, 102 Stat. 2025; Pub. L. 101-189, div. A, title VIII, § 853(e), Nov. 29, 1989, 103 Stat. 1519; Pub. L. 102-25, title VII, § 701(j)(5), Apr. 6, 1991, 105 Stat. 116; Pub. L. 102-484, div. A, title X, § 1052(31), Oct. 23, 1992, 106 Stat. 2501.)

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

AMENDMENTS

1992-Par. (1)(D). Pub. L. 102-484 substituted "organized for profit purposes or nonprofit purposes" for "organized for-profit, or nonprofit purposes".

1991-Par. (1)(D). Pub. L. 102-25, which directed the substitution of "for profit purposes or nonprofit" for "for-profit and nonprofit", could not be executed because the words "for-profit and nonprofit" did not appear.

1989-Par. (1)(D). Pub. L. 101-189 substituted "section 4(1)" for "section 4(c)” and “25 U.S.C. 450b(l)" for "25 U.S.C. 450(c)".

1988-Par. (1)(D). Pub. L. 100-456 inserted", whether or not such economic enterprise is organized forprofit, or nonprofit purposes" before period at end. 1987-Par. (1)(D). Pub. L. 100-180, § 807(b)(1), added subpar. (D).

Par. (2). Pub. L. 100-180, § 807(b)(2), substituted "means-" for "means", designated existing text be

ginning with "the area of a unit" as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, substituted "are available; or" for "are available.", and added subpar. (B).

1986-Pub. L. 99-500, Pub. L. 99-591, and Pub. L 99-661 amended section generally identically, striking out in par. (1) reference to section 6302(5) and 6302(2) of title 31, in par. (2) substituting "The term 'distressed area' means the area of a unit of local government (or such area excluding the area of any defined political jurisdiction within the area of such unit of local government)" for "'Distressed entity' means an eligible entity (within the meaning of paragraph (1)(B))", and adding par. (4).

1985-Pub. L. 99-145 amended section generally. Prior to amendment, section read as follows: "In this chapter:

"(1) 'Eligible entity' means a State (as defined in section 6302(5) of title 31), a local government (as defined in section 6302(2) of that title), or a private, nonprofit organization that enters into a cooperative agreement with the Secretary under this chapter to furnish procurement technical assistance to business entities and to defray at least one-half of the costs of furnishing such assistance.

"(2) 'Secretary' means the Secretary of Defense acting through the Director of the Defense Logistics Agency."

EFFECTIVE Date of 1985 Amendment

Section 919(d) of Pub. L. 99-145 provided that: "The amendments made by subsections (a) and (b) (amending this section and sections 2412 to 2415 of this title] shall take effect on October 1, 1985."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2414 of this title.

§ 2412. Purposes

The purposes of the program authorized by this chapter are

(1) to increase assistance by the Depart ment of Defense to eligible entities furnishing procurement technical assistance to business entities; and

(2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs.

(Added Pub. L. 98-525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; amended Pub. L. 99-145, title IX, § 919(a), Nov. 8, 1985, 99 Stat. 692.)

AMENDMENTS

AMENDMENTS

1987-Pub. L. 100-180, § 807(c), struck out subsecs. (a) and (b) relating to requirement by Secretary of Defense to reserve 75% of first $3,000,000 appropriated to carry out this chapter for purpose of assisting cooperative agreements entered into under section 2413 of this title for fiscal years 1986 and 1987, and for fiscal years after 1987 the authority of Secretary to allocate funds in accordance with such cooperative agreements, and substituted "The" for "(c) For any amount appropriated to carry out this chapter for fiscal year 1986 or 1987 in excess of $3,000,000, the".

1985-Subsec. (a)(2). Pub. L. 99-145, § 919(b)(1)(A), substituted "fiscal years 1986 and 1987" for "fiscal year 1985 is 50 percent and during fiscal year 1986". Subsec. (a)(3). Pub. L. 99-145, § 919(b)(1)(B), added par. (3).

Subsec. (b). Pub. L. 99-145, § 919(b)(2), substituted "1987" for "1986".

Subsec. (c). Pub. L. 99-145, § 919(b)(3), added subsec.

(c).

EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section 919(d) of Pub. L. 99-145, set out as a note under section 2411 of this title.

§ 2416. Subcontractor information

(a) The Secretary of Defense shall require that any defense contractor in any year shall provide to an eligible entity with which the Secretary has entered into a cooperative agreement under this chapter, on the request of such entity, the information specified in subsection (b).

(b) Information to be provided under subsection (a) is a listing of the name of each appropriate employee of the contractor who has responsibilities with respect to entering into contracts on behalf of such contractor that constitute subcontracts of contracts being performed by such contractor, together with the business address and telephone number and area of responsibility of each such employee.

(c) A defense contractor need not provide information under this section to a particular eligible entity more frequently than once a year.

(d) In this section, the term "defense contractor", for any year, means a person awarded a contract with the Department of Defense in that year for an amount in excess of $500,000. (Added Pub. L. 99-500, § 101(c) [title X, § 957(a)(1)(B)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-174, and Pub. L. 99-591, § 101(c) [title X, § 957(a)(1)(B)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-174; Pub. L. 99-661, div. A, title IX, formerly title IV, § 957(a)(1)(B), Nov. 14, 1986, 100 Stat. 3954, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273.)

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 added identical sections.

PRIOR PROVISIONS

A prior section 2416 was renumbered section 2419 of this title.

EFFECTIVE DATE

Section 101(c) [title X, § 957(b)] of Pub. L. 99-500 and Pub. L. 99-591, and section 957(b) of title IX, for merly title IV, of Pub. L. 99-661, renumbered title IX. Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273, provided that: "Section 2416 of title 10, United States Code, as added by subsection (a), shall take effect on January 1, 1987."

§ 2417. Administrative costs

The Director of the Defense Logistics Agency may use, out of the amount appropriated for a fiscal year for operation and maintenance for the procurement technical assistance program authorized by this chapter, an amount not exceeding three percent of such amount to defray the expenses of administering the provisions of this chapter during such fiscal year.

(Added Pub. L. 101-510, div. A, title VIII, § 814(a)(1)(B), Nov. 5, 1990, 104 Stat. 1596.)

PRIOR PROVISIONS

A prior section 2417 was renumbered section 2419 of this title.

EFFECTIVE DATE

Section 814(b) of Pub. L. 101-510 provided that "Section 2417 of title 10, United States Code, as added by subsection (a), shall apply with respect to fiscal year 1991 and each fiscal year thereafter."

§ 2418. Authority to provide certain types of technical

assistance

(a) The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to con tracts entered into with (1) Federal depart ments and agencies other than the Department of Defense, and (2) State and local governments.

(b) An eligible entity assisted by the Depart ment of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the De fense Conversion, Reinvestment, and Transition Assistance Act of 1992.

(Added Pub. L. 102-484, div. D, title XLII, § 4236(a)(1)(B), Oct. 23, 1992, 106 Stat. 2691.)