§ 1662d–1 TITLE 29—LABOR Page 662

ties, or by reductions in the export of defense articles

and defense services as a result of United States policy,

including reductions in the amount of defense articles

and defense services under agreements to provide such

articles or services or through termination or completion of any such agreements’’ for ‘‘or by closures of

United States military facilities’’ in two places.

Pub. L. 103–337, §1136(b), substituted ‘‘From funds

made available to carry out this section,’’ for ‘‘From

the amount appropriated pursuant to section 4203 of

the Defense Economic Adjustment, Diversification,

Conversion, and Stabilization Act of 1990,’’.

Subsec. (d). Pub. L. 103–337, §1137(a)(2), substituted

‘‘, by closures of United States military facilities, or

by reductions in the export of defense articles and defense services as a result of United States policy, including reductions in the amount of defense articles

and defense services under agreements to provide such

articles or services or through termination or completion of any such agreements’’ for ‘‘or by the closure of

United States military installations’’.

Subsec. (f). Pub. L. 103–337, §1137(a)(3), added subsec.

(f).

1992—Subsec. (e). Pub. L. 102–484 added subsec. (e).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 12653c.

§ 1662d–1. Defense diversification program

(a) In general

From funds made available to carry out this

section, the Secretary, in consultation with the

Secretary of Defense, may make grants to

States, substate grantees, employers, representatives of employees, labor-management committees, and other employer-employee entities to

provide for training, adjustment assistance, and

employment services to eligible individuals described in subsection (b) of this section and to

develop plans for defense diversification or conversion assistance to affected facilities located

within an area directly affected by reductions in

expenditures by the United States for defense or

by closures of United States military facilities.

(b) Individuals eligible for training, assistance,

and services

(1) Certain members of the Armed Forces

A member of the Armed Forces shall be eligible for training, adjustment assistance, and

employment services under this section if the

member—

(A) was on active duty or full-time National Guard duty on September 30, 1990;

(B) during the 5-year period beginning on

that date—

(i) is involuntarily separated (as defined

in section 1141 of title 10) from active duty

or full-time National Guard duty; or

(ii) is separated from active duty or fulltime National Guard duty pursuant to a

special separation benefits program under

section 1174a of title 10 or the voluntary

separation incentive program under section 1175 of that title;

(C) is not entitled to retired or retainer

pay incident to that separation; and

(D) applies for such training, adjustment

assistance, or employment services before

the end of the 180-day period beginning on

the date of that separation.

(2) Certain defense employees

(A) In general

Except as provided in subparagraph (B), a

civilian employee of the Department of Defense or the Department of Energy shall be

eligible for training, adjustment assistance,

and employment services under this section

if the employee—

(i) during the 5-year period beginning on

October 1, 1992, is terminated or laid off (or

receives a notice of termination or lay off)

from such employment as a result of reductions in defense spending, as determined by the Secretary of Defense or the

Secretary of Energy, except that, in the

case of a notice of termination or lay off,

the eligibility of the employee shall not

begin until 180 days before the projected

date of the termination or lay off; and

(ii) is not entitled to retired or retainer

pay incident to that termination or lay

off.

(B) Special rule for civilian employees of the

Department of Defense employed at certain military installations

(i) In general

A civilian employee of the Department

of Defense employed at a military installation being closed or realigned under the

laws referred to in clause (ii) shall be eligible for training, adjustment assistance,

and employment services under this section beginning on the date on which such

employee receives actual notice of termination, or the date determined by the Secretary of Defense under clause (iii), whichever occurs earlier.

(ii) Certain defense laws

The laws referred to in this clause are—

(I) the Defense Base Closure and Realignment Act of 1990 (part A of title

XXIX of Public Law 101–510; 10 U.S.C.

2687 note);

(II) title II of the Defense Authorization Amendments and Base Closure and

Realignment Act (Public Law 100–526; 10

U.S.C. 2687 note);

(III) section 2687 of title 10; and

(IV) any other similar law enacted

after November 30, 1993.

(iii) Date

The date determined under this clause is

the date that is 24 months before the date

on which the military installation is to be

closed or the realignment of the installation is to be completed, as the case may

be.

(3) Certain defense contractor employees

An employee of a private defense contractor

shall be eligible for training, adjustment assistance, and employment services under this

section if the employee—

(A) during the 5-year period beginning on

October 1, 1992, is terminated or laid off (or

receives a notice of termination or lay off)

from such employment as a result of reductions in defense spending, the closure or re-
Page 663 TITLE 29—LABOR § 1662d–1

alignment of a military installation, or reductions in the export of defense articles and

defense services as a result of United States

policy, including reductions in the amount

of defense articles and defense services under

agreements to provide such articles or services or through termination or completion of

any such agreements, as determined by the

Secretary of Defense, except that, in the

case of a notice of termination or lay off, the

eligibility of the employee shall not begin

until 180 days before the projected date of

the termination or lay off; and

(B) is not entitled to retired or retainer

pay incident to that termination.

(c) Application requirements

(1) In general

To receive a grant under subsection (a) of

this section, an applicant shall submit to the

Secretary an application which contains such

information as the Secretary may require and

which meets the following requirements:

(A) Consultation

(i) In general

(I) In the case of an applicant other than

a State, such applicant shall submit an application to the Secretary developed in

consultation with the State, and, where

appropriate, in consultation with the

labor-management committee or other

employer-employee entity established pursuant to subparagraph (C)(ii) at the affected facility and in consultation with

representatives from the Department of

Defense.

(II) Prior to the submission of an application under subclause (I) to the Secretary, the applicant shall submit the application to the State for review. The

State shall have 30 calendar days to review

the application. The applicant may submit

the application to the Secretary after the

date on which the State completes its review of the application or upon expiration

of the 30 calendar days, whichever occurs

first.

(ii) States

In the case of an applicant that is a

State, such State shall submit an application to the Secretary developed in consultation with appropriate substate grantees, and, where appropriate, in consultation with the labor-management committee or other employer-employee entity established pursuant to subparagraph (C)(ii)

at the affected facility and in consultation

with representatives from the Department

of Defense.

(B) Contents of application

An application shall contain a local labor

market analysis, a general assessment of

basic skills, career interests, income needs,

and strategies necessary for the training and

placement of the population that may be

served, and, where appropriate—

(i) a preliminary outline of a program to

convert the affected defense base or facility;

(ii) preliminary plant or military base

conversion proposals, and proposals for the

effective use or conversion of surplus Federal property; and

(iii) assurances that the applicant will

coordinate the activities and services provided under this section with the Office of

Economic Adjustment and other relevant

agencies.

(C) Provision of State dislocated worker

services

The applicant shall provide verification

that the State dislocated worker unit has

provided, or is in the process of providing, in

addition to the services described in section

1661(b)(3) and 1661c(b) of this title, the following activities and services:

(i) The State dislocated worker unit, in

conjunction with the substate grantee (and

where appropriate, representatives from

the Department of Defense), has established on-site contact with employers and

employee representatives affected by a dislocation or potential dislocation of eligible

individuals, preferably not later than 2

business days after notification of such

dislocation.

(ii) The State dislocated worker unit has

promoted the formation of a labor-management committee or other employer-employee entity in the case of a facility affected by an employee dislocation or potential dislocation in accordance with section 1661c(b)(1)(B) of this title, including

the provision of technical assistance and,

where appropriate, financial assistance to

cover the start-up costs of such committee.

(iii) The State dislocated worker unit

has provided, in conjunction with the

labor-management committee or other

employer-employee entity established pursuant to clause (ii), the following services:

(I) An initial survey of potential eligible individuals to determine the approximate number of such individuals interested in receiving services under this

section, orientation sessions, counseling

services, and early intervention services

for eligible individuals and management.

Such services may be provided in coordination with representatives from the

United States Employment Service, the

Interstate Job Bank, the Department of

Defense, and the National Occupational

Information Coordinating Committee.

(II) Initial basic readjustment services

in conjunction with such services provided by substate grantees.

(D) Skills upgrading

The applicant shall provide assurances satisfactory to the Secretary that if the applicant uses amounts from a grant under subsection (a) of this section for skills upgrading at defense facilities pursuant to subsection (f)(2) of this section, the applicant

will maintain its expenditures from all other

sources for skills upgrading at or above the

average level of such expenditures in the fiscal year preceding October 23, 1992.
§ 1662d–1 TITLE 29—LABOR Page 664

(2) Technical assistance

The Secretary may provide technical assistance to an applicant for the purpose of assisting the applicant to meet the application requirements under paragraph (1).

(3) Timely decision

The Secretary shall make a determination

with regard to an application received under

paragraph (1) not later than 30 calendar days

after the date on which the Secretary receives

the application.

(4) Timely notification

The Secretary shall provide timely written

notification to an applicant upon determination by the Secretary that the applicant has

not satisfied the requirements under paragraph (1).

(d) Selection requirements

(1) In general

In reviewing applications for grants under

subsection (a) of this section, the Secretary—

(A) shall not approve an application for a

grant unless the application contains assurances that the applicant will use amounts

from a grant to provide needs-related payments in accordance with subsection (i) of

this section;

(B) shall select applications from areas

most severely impacted by the reduction in

defense expenditures and base closures, particularly areas with existing high poverty

levels or existing high unemployment levels;

and

(C) shall select applications from areas

which have the greatest number of eligible

individuals, taking into account the ratio of

eligible individuals in the affected community to the population of such community.

(2) Priority

In reviewing applications for grants under

subsection (a) of this section, the Secretary

shall give priority to each of the following:

(A) Applications received from substate

grantees.

(B) Applications received from any applicant on behalf of affected employers in a

similar defense-related industry or on behalf

of a single employer with multiple bases or

plants within a State.

(C) Applications demonstrating employeremployee cooperation, including the participation of labor-management committees or

other employer-employee entities.

(e) Retention of portion of grant amount

(1) Portion relating to general application requirements

Subject to paragraph (2), the Secretary shall

retain 25 percent of the amount of a grant

awarded under subsection (a) of this section

and shall disburse the amount to the applicant

not later than 90 days after the date on which

the Secretary determines that the applicant is

satisfactorily implementing the plans and

strategies described in subsection (c)(1)(B) of

this section.

(2) Portion relating to State dislocated worker

services

The Secretary shall retain up to 20 percent

of the amount retained under paragraph (1)

(not to exceed $50,000) and shall disburse the

amount to the State dislocated worker unit

not later than 90 days after the date on which

the Secretary determines that the applicant

has provided verification that such unit has

satisfactorily provided the activities and services described in subsection (c)(1)(C) of this

section. The amount disbursed under the preceding sentence shall be used to reimburse

such unit for expenses incurred in providing

such activities and services.

(f) Use of funds

Subject to the requirements of subsections (g),

(h), (i), and (j) of this section, grants under subsection (a) of this section may be used only for

the following purposes:

(1) Any purpose for which funds may be used

under section 1661c of this title or this section.

(2) Skills upgrading, which may be provided

to—

(A) individuals who are employed in nonmanagerial positions, including individuals

in such positions who have received notice of

termination or lay off, if such upgrading—

(i) is integral to the conversion of a defense facility and necessary to prevent a

closure or mass layoff which would result

in the termination or layoff of such individuals; and

(ii) is to replace or update obsolete skills

of such individuals with marketable skills;

and

(B) individuals who have received notice of

termination or lay off from non-managerial

positions, including individuals who have

been terminated or laid off from such positions, if such upgrading is to replace or update obsolete skills of such individuals with

marketable skills, without which reemployment in a high demand occupation or industry would be unlikely.

(3) The development and introduction of

high performance workplace systems, employee and participative management systems, and workforce participation in the evaluation, selection, and implementation of new

production technologies.

(g) Limitation

Not more than 20 percent of amounts received

from a grant under subsection (a) of this section

shall be used for administration, conversion

planning activities, and the activities described

in subsection (f)(3) of this section.

(h) Adjustment assistance requirements

The adjustment assistance requirements described in section 1662e(e) of this title shall

apply for purposes of grants made under subsection (a) of this section for adjustment assistance.

(i) Needs-related payments requirements

The Secretary shall prescribe regulations with

respect to the use of funds from grants under

subsection (a) of this section for needs-related

payments in accordance with the requirements

described in section 1662e(f) of this title in order

to enable eligible individuals to complete training or education programs. Priority for needs-
Page 665 TITLE 29—LABOR § 1662d–1

related payments shall be given to eligible individuals participating in certificate or degree

awarding vocational training or education programs of 1 year or more.

(j) Department of Defense financial assistance

requirement

The Secretary of Defense, in consultation with

the Secretary of Labor, shall prescribe regulations to ensure that student financial assistance

authorized under programs for employees of the

Department of Defense and veterans is provided

prior to adjustment assistance under subsection

(h) of this section, needs-related payments under

subsection (i) of this section, and any other student financial assistance provided under Federal

law.

(k) Demonstration projects

(1) In general

In carrying out the grant program established under subsection (a) of this section, the

Secretary, in consultation with the Secretary

of Defense, may make grants to the entities

referred to in that subsection for the purpose

of developing demonstration projects to encourage and promote innovative responses to

the dislocation resulting from reductions in

expenditures by the United States for defense,

the closure of United States military installations, or reductions in the export of defense

articles and defense services as a result of

United States policy, including reductions in

the amount of defense articles and defense

services under agreements to provide such articles or services or through termination or

completion of any such agreements. Such

demonstration projects may include—

(A) projects to assist in retraining efforts

designed to address the needs of individuals

who have received notice of termination or

lay off and individuals who have been terminated or laid off in communities affected by

such reductions or closures;

(B) projects to assist in retraining and reorganization efforts designed to avert layoffs

that would otherwise occur as a result of

such reductions or closures;

(C) projects to assist communities in addressing and reducing the impact of such

economic dislocation;

(D) projects involving teams of transition

assistance specialists from Federal, State,

and local agencies to provide onsite services,

including assisting affected communities in

short-term and long-term planning and assisting affected individuals through counseling and referrals to appropriate services, at

the site of such reductions or closures within

60 days of the announcement of such reductions or closures;

(E) projects to assist in establishing transition assistance centers at the installations

where large dislocations occur to provide

comprehensive services to individuals affected by such dislocations;

(F) projects involving the joint efforts of

Federal agencies, such as the Department of

Labor, the Department of Defense, the Department of Commerce, and the Small Business Administration, to assist communities

affected by such reductions or closures in developing integrated community planning

processes to facilitate the retraining of affected individuals and the conversion of installations to commercial uses;

(G) projects to develop new information

and data systems to assist individuals and

communities affected by such reductions or

closures, including the development of data

bases with the capability to provide an affected individual with a civilian economy

skills profile which takes into account the

skills acquired while working on defense-related matters; and

(H) projects to assist small and mediumsized firms affected by such reductions or

closures in the formation of learning consortia, which will promote joint efforts for staff

training, human resource development,

product development, and the marketing of

products.

(2) Limitation

Not more than 10 percent of the funds available to the Secretary to carry out this section

for any fiscal year may be used to carry out

the projects established under paragraph (1).

(l) Staff training and technical assistance

In carrying out the grant program established

under subsection (a) of this section, the Secretary may provide staff training and technical

assistance services to States, communities,

businesses, and labor organizations, and other

entities involved in providing adjustment assistance to workers.

(m) Administrative expenses

Not more than 2 percent of the funds available

to the Secretary to carry out this section for

any fiscal year may be retained by the Secretary for the administration of activities authorized under this section.

(n) Coordination with technology reinvestment

projects

The Secretary, in consultation with the Secretary of Defense, shall ensure that activities

carried out under this section are coordinated

with relevant activities carried out pursuant to

title IV of the Department of Defense Appropriations Act, 1993 (Public Law 102–396; 106 Stat.

1890).

(o) Definitions

For purposes of this section, the following

definitions apply:

(1) Labor-management committee

The term ‘‘labor-management committee’’

(A) has the meaning given such term in

section 1651(b)(1) of this title; and

(B) includes a committee established at a

military installation to assist members of

the Armed Forces who are being separated

and civilian employees of the Department of

Defense and the Department of Energy who

are being terminated.

(2) Defense contractor

The term ‘‘defense contractor’’ means a private person producing goods or services pursuant to—
§ 1662d–1 TITLE 29—LABOR Page 666

(A) one or more defense contracts which

have a total amount not less than $500,000

entered into with the Department of Defense; or

(B) one or more subcontracts entered into

in connection with a defense contract and

which have a total amount not less than

$500,000.

(3) Defense articles and defense services

The term ‘‘defense articles and defense services’’ means defense articles, defense services,

or design and construction services under the

Arms Export Control Act (22 U.S.C. 2751 et

seq.), including defense articles and defense

services licensed or approved for export under

section 38 of that Act (22 U.S.C. 2778).

(Pub. L. 97–300, title III, §325A, as added Pub. L.

102–484, div. D, title XLIV, §4465(a), Oct. 23, 1992,

106 Stat. 2742; amended Pub. L. 103–160, div. A,

title XIII, §1339, Nov. 30, 1993, 107 Stat. 1807; Pub.

L. 103–337, div. A, title XI, §§1136(a), 1137(b), Oct.

5, 1994, 108 Stat. 2878, 2879.)

REFERENCES IN TEXT

The Defense Base Closure and Realignment Act of

1990, referred to in subsec. (b)(2)(B)(ii)(I), is part A of

title XXIX of div. B of Pub. L. 101–510, Nov. 5, 1990, 104

Stat. 1808, as amended, which is set out as a note under

section 2687 of Title 10, Armed Forces. For complete

classification of this Act to the Code, see Tables.

The Defense Authorization Amendments and Base

Closure and Realignment Act, referred to in subsec.

(b)(2)(B)(ii)(II), is Pub. L. 100–526, Oct. 24, 1988, 102 Stat.

2623, as amended. Title II of the Act is set out as a note

under section 2687 of Title 10. For complete classification of this Act to the Code, see Short Title of 1988

Amendment note set out under section 2687 of Title 10

and Tables.

The Department of Defense Appropriations Act, 1993,

referred to in subsec. (n), is Pub. L. 102–396, Oct. 6, 1992,

106 Stat. 1876. Title IV of the Act is not classified to the

Code. For complete classification of this Act to the

Code, see Tables.

The Arms Export Control Act, referred to in subsec.

(o)(3), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as

amended, which is classified principally to chapter 39

(§2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the

Code, see Short Title note set out under section 2751 of

Title 22 and Tables.

AMENDMENTS

1994—Subsec. (a). Pub. L. 103–337, §1136(a)(1), substituted ‘‘From funds made available to carry out this

section, the Secretary, in consultation with the Secretary of Defense,’’ for ‘‘From the amount made available under section 4465(c) of the Defense Conversion,

Reinvestment, and Transition Assistance Act of 1992,

the Secretary of Defense, in consultation with the Secretary of Labor,’’.

Subsec. (b)(3)(A). Pub. L. 103–337, §1137(b)(1), substituted ‘‘, the closure or realignment of a military installation, or reductions in the export of defense articles and defense services as a result of United States

policy, including reductions in the amount of defense

articles and defense services under agreements to provide such articles or services or through termination or

completion of any such agreements’’ for ‘‘or the closure

or realignment of a military installation’’.

Subsec. (c). Pub. L. 103–337, §1136(a)(2), in par. (1), substituted ‘‘Secretary an’’ for ‘‘Secretary of Defense an’’

in introductory provisions, ‘‘Secretary’’ for ‘‘Secretary

of Defense’’ in subpar. (A)(i)(I), ‘‘Secretary, the’’ for

‘‘Secretary of Defense, the’’ in subpar. (A)(i)(II), and

‘‘Secretary’’ for ‘‘Secretary of Defense’’ in subpars.

(A)(ii) and (D), and in pars. (2) to (4), substituted ‘‘The

Secretary’’ for ‘‘The Secretary of Defense’’.

Subsec. (d). Pub. L. 103–337, §1136(a)(2), substituted

‘‘Secretary’’ for ‘‘Secretary of Defense’’ in pars. (1) and

(2).

Subsec. (d)(1)(A). Pub. L. 103–337, §1136(a)(3), struck

out ‘‘in consultation with the Secretary of Labor,’’ before ‘‘shall not approve’’.

Subsec. (e). Pub. L. 103–337, §1136(a)(2), (4), struck out

‘‘by Secretary of Defense’’ after ‘‘grant amount’’ in

heading and substituted ‘‘Secretary shall’’ for ‘‘Secretary of Defense shall’’ in pars. (1) and (2).

Subsec. (i). Pub. L. 103–337, §1136(a)(2), substituted

‘‘Secretary’’ for ‘‘Secretary of Defense’’.

Subsec. (k)(1). Pub. L. 103–337, §1137(b)(2), substituted

‘‘, the closure of United States military installations,

or reductions in the export of defense articles and defense services as a result of United States policy, including reductions in the amount of defense articles

and defense services under agreements to provide such

articles or services or through termination or completion of any such agreements’’ for ‘‘or by the closure of

United States military installations’’ in introductory

provisions.

Pub. L. 103–337, §1136(a)(5), substituted ‘‘Secretary, in

consultation with the Secretary of Defense’’ for ‘‘Secretary of Defense, in consultation with the Secretary of

Labor’’ in introductory provisions.

Subsecs. (k)(2), (l), (m). Pub. L. 103–337, §1136(a)(2),

substituted ‘‘Secretary’’ for ‘‘Secretary of Defense’’

wherever appearing.

Subsec. (n). Pub. L. 103–337, §1136(a)(6), substituted

‘‘Secretary, in consultation with the Secretary of Defense’’ for ‘‘Secretary of Defense, in consultation with

the Secretary of Labor’’.

Subsec. (o)(3). Pub. L. 103–337, §1137(b)(3), added par.

(3).

1993—Subsec. (b)(2)(B)(ii)(III), (IV). Pub. L. 103–160,

§1339(a), added subcls. (III) and (IV).

Subsec. (k)(1)(D) to (H). Pub. L. 103–160, §1339(b),

added subpars. (D) to (H).

Subsecs. (l) to (o). Pub. L. 103–160, §1339(c), added subsecs. (l) to (n) and redesignated former subsec. (l) as (o).

REGIONAL RETRAINING SERVICES CLEARINGHOUSES

Section 1373 of Pub. L. 103–160 provided that:

‘‘(a) ESTABLISHMENT REQUIRED.—The Secretary of

Labor, in consultation with the Secretary of Defense,

may carry out a demonstration project to establish one

or more regional retraining services clearinghouses to

serve eligible persons described in subsection (b).

‘‘(b) PERSONS ELIGIBLE FOR CLEARINGHOUSE SERVICES.—The following persons shall be eligible to receive

services through the clearinghouses:

‘‘(1) Members of the Armed Forces who are discharged or released from active duty.

‘‘(2) Civilian employees of the Department of Defense who are 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.

‘‘(3) Employees of defense contractors who are terminated or laid off (or receive a 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, as determined by the Secretary

of Defense.

‘‘(c) INFORMATIONAL ACTIVITIES OF CLEARINGHOUSES.—

The clearinghouses shall—

‘‘(1) collect educational materials that have been

prepared for the purpose of providing information regarding available retraining programs, in particular

those programs dealing with critical skills needed in

advanced manufacturing and skill areas in which

shortages of skilled employees exist;

‘‘(2) establish and maintain a data base for the purpose of storing and categorizing such materials based

on the different needs of eligible persons; and

‘‘(3) furnish such materials, upon request, to educational institutions and other interested persons.
Page 667 TITLE 29—LABOR § 1662e

‘‘(d) FUNDING.—From the unobligated balance of

funds made available pursuant to section 4465(c) of the

National Defense Authorization Act for Fiscal Year

1993 (Public Law 102–484; 29 U.S.C. 1662d–1 note) to carry

out section 325A of the Job Training Partnership Act

(29 U.S.C. 1662d–1), not more than $10,000,000 shall be

available to the Secretary of Labor to carry out this

section during fiscal year 1994. Funds made available

under section 1302 [107 Stat. 1783] for defense conversion, reinvestment, and transition assistance programs

shall not be used to carry out this section.’’

AUTHORITY TO TRANSFER FUNCTIONS

Section 4465(b) of Pub. L. 102–484 provided that: ‘‘The

Secretary of Defense may transfer any function of such

Secretary under the amendment made by subsection (a)

[enacting this section] to the Secretary of Labor.

Whenever such a transfer is made, any funds available

to the Secretary of Defense for the performance of such

function shall be transferred to the appropriate accounts of the Department of Labor.’’

FUNDING FOR FISCAL YEAR 1993

Section 4465(c) of Pub. L. 102–484 provided that: ‘‘Of

the amount authorized to be appropriated in section 301

[106 Stat. 2360] for Defense Agencies, $75,000,000 shall be

available to carry out section 325A of the Job Training

Partnership Act [29 U.S.C. 1662d–1], as added by subsection (a).’’

JOB BANK PROGRAM FOR DISCHARGED MILITARY PERSONNEL, TERMINATED DEFENSE EMPLOYEES, AND DISPLACED EMPLOYEES OF DEFENSE CONTRACTORS

Section 4468 of Pub. L. 102–484 provided that:

‘‘(a) INTERSTATE JOB BANK PROGRAM.—The Secretary

of Defense shall establish a program to expand the services of and provide access to the Interstate Job Bank

program in the United States Employment Service to

individuals eligible for training, adjustment assistance,

and employment services under sections 325 and 325A of

the Job Training Partnership Act [29 U.S.C. 1662d,

1662d–1] and, in the case of members of the Armed

Forces so eligible, the spouses of such members. The

Secretary may establish such program in coordination

with the Defense Outplacement Referral System and

other automated job opening networks.

‘‘(b) SERVICES INCLUDED.—The program established

under subsection (a) may include the following services:

‘‘(1) A phone bank reachable by a toll-free number,

staffed by an international ‘help desk’ of individuals

familiar with the services provided under section 1144

of title 10, United States Code, and related transition

programs under chapter 58 of such title (in the case

of members of the Armed Forces, priority shall be

given to recently-discharged veterans, members of

the Armed Forces who have been separated from active duty, and their spouses).

‘‘(2) Interstate Job Bank satellite offices or systems

at defense contractor plants by State employment security agencies and at all military bases for direct

access and self service to job listings.

‘‘(3) Specialized job banks to integrate with the

Interstate Job Bank for specialized listings or services such as the Defense Outplacement Referral System (DORS) of resumes, National Academy of Sciences Network, commercial systems, and the outplacement of defense-related personnel in high-tech

occupations through the expansion and coordination

of existing networks to ensure that resources are

available at all service locations.

‘‘(4) A system by which individuals and public and

private organizations may access the Interstate Job

Bank using individual modems or related automated

employment systems.

‘‘(c) FUNDING FOR FISCAL YEAR 1993.—Of the amount

authorized to be appropriated in section 301 [106 Stat.

2360] for Defense Agencies, $4,000,000 shall be available

to carry out the program established under subsection

(a).’’

TREATMENT OF CERTAIN PROVISIONS OF LAW UPON

TRANSFER OF AMOUNTS PROVIDED UNDER PUB. L.

102–484

Section 4473 of Pub. L. 102–484 provided that:

‘‘(a) CONTINGENT REPEAL.—

‘‘(1) IN GENERAL.—If a transfer is made in accordance with section 4501(c) [10 U.S.C. 114 note] of the

full amount of an amount described in subparagraph

(A) or (B) of paragraph (2) [no such transfer has been

made], then the section referred to in that subparagraph (including the amendments made by the section) is repealed, effective as of the date of the enactment of this Act [Oct. 23, 1992], and the provisions of

any Act amended by such section shall apply as if the

amendments had not been enacted.

‘‘(2) AMOUNTS DESCRIBED.—(A) The amount described in this subparagraph is the amount provided

under subsection (c) of section 4465 [set out above] for

the amendments to the Job Training Partnership Act

under such section [enacting this section].

‘‘(B) The amount described in this subparagraph is

the amount provided under subsection (c) of section

4468 [set out above] for the program under such section.

‘‘(b) PUBLICATION IN THE FEDERAL REGISTER.—If a

transfer described in subsection (a)(1) 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.’’

§ 1662e. Clean air employment transition assistance

(a) Determination of eligibility

(1) Definitions

For purposes of this section, the term ‘‘eligible individual’’ means an individual who—

(A) is an eligible dislocated worker, as

that term is defined in section 1651(a) of this

title, and

(B) has been terminated or laid off, or has

received a notice of termination or lay off,

as a consequence of compliance with the

Clean Air Act [42 U.S.C. 7401 et seq.].

(2) Determinations

The determination of eligibility under paragraph (1)(B) of this subsection shall be made

by the Secretary of Labor, pursuant to criteria

established by the Secretary, in consultation

with the Administrator of the Environmental

Protection Agency.

(b) Grants authorized

The Secretary may make grants to States,

substate grantees (as defined in section 1661a(c)

of this title), employers, employer associations,

and representatives of employees—

(1) to provide training, adjustment assistance, and employment services to eligible individuals adversely affected by compliance

with the Clean Air Act [42 U.S.C. 7401 et seq.];

and

(2) to make needs-related payments to such

individuals in accordance with subsection (f)

of this section.

(c) Priority and approval

(1) Priority

In reviewing applications for grants under

subsection (b) of this section, the Secretary

shall give priority to applications proposing to