171 
involving anything other than the union of one man with 
one woman. 
Subtitle E—Member Education and 
Training Opportunities and Ad-
ministration 
SEC. 541. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM 
FROM DEPARTMENT OF EDUCATION TO DE-
PARTMENT 
OF 
DEFENSE 
AND 
ENHANCE-
MENTS TO THE PROGRAM. 
(a) TRANSFER OF FUNCTIONS.— 
(1) TRANSFER.—The responsibility and author-
ity for operation and administration of the Troops- 
to-Teachers Program in chapter A of subpart 1 of 
part C of title II of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6671 et seq.) is 
transferred from the Secretary of Education to the 
Secretary of Defense. 
(2) EFFECTIVE DATE.—The transfer under para-
graph (1) shall take effect on the first day of the first 
month beginning more than 90 days after the date of 
the enactment of this Act, or on such earlier date as 
the Secretary of Education and the Secretary of De-
fense may jointly provide. 
(b) ENACTMENT OF PROGRAM AUTHORITY IN TITLE 
10, UNITED STATES CODE.— 
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172 
(1) IN GENERAL.—Chapter 58 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1154. Assistance to eligible members and former 
members to obtain employment as teach-
ers: troops-to-teachers program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHARTER
SCHOOL.—The term ‘charter 
school’ has the meaning given that term in section 
5210(1) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7221i(1)). 
‘‘(2) ELIGIBLE
SCHOOL.—The term ‘eligible 
school’ means— 
‘‘(A) a public school, including a charter 
school, at which— 
‘‘(i) at least 30 percent of the students 
enrolled in the school are from families with 
incomes below 185 percent of poverty level 
(as defined by the Office of Management 
and Budget and revised at least annually 
in accordance with section 9(b)(1) of the 
Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(b)(1)) applicable to a 
family of the size involved; or 
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173 
‘‘(ii) at least 13 percent of the students 
enrolled in the school qualify for assistance 
under part B of the Individuals with Dis-
abilities Education Act; or 
‘‘(B) a Bureau-funded school as defined in 
section 1141(3) of the Education Amendments of 
1978 (25 U.S.C. 2021(3)). 
‘‘(3) HIGH-NEED SCHOOL.—The term ‘high-need 
school’ means— 
‘‘(A) an elementary or middle school in 
which at least 50 percent of the enrolled students 
are children from low-income families, based on 
the number of children eligible to for free and re-
duced priced lunches under the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1751 
et seq.), the number of children in families re-
ceiving assistance under the State program fund-
ed under part A of title IV of the Social Security 
Act (42 U.S.C. 601 et seq.), the number of chil-
dren eligible to receive medical assistance under 
the Medicaid program, or a composite of these 
indicators; 
‘‘(B) a high school in which at least 40 per-
cent of enrolled students are children from low- 
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174 
income families, which may be calculated using 
comparable data from feeder schools; or 
‘‘(C) a school that is in a local educational 
agency that is eligible under section 6211(b) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7345(b)). 
‘‘(4) MEMBER
OF
THE
ARMED
FORCES.—The 
term ‘member of the armed forces’ includes a retired 
or former member of the armed forces. 
‘‘(5) 
PARTICIPANT.—The 
term 
‘participant’ 
means an eligible member of the armed forces selected 
to participate in the Program. 
‘‘(6) PROGRAM.—The term ‘Program’ means the 
Troops-to-Teachers Program authorized by this sec-
tion. 
‘‘(7) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Defense. 
‘‘(8) ADDITIONAL
TERMS.—The terms ‘elemen-
tary school’, ‘local educational agency’, ‘secondary 
school’, and ‘State’ have the meanings given those 
terms in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 
Defense may carry out a Troops-to-Teachers Program— 
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175 
‘‘(1) to assist eligible members of the armed 
forces described in subsection (d) to obtain certifi-
cation or licensing as elementary school teachers, sec-
ondary school teachers, or career or technical teachers; 
and 
‘‘(2) to facilitate the employment of such mem-
bers— 
‘‘(A) by local educational agencies or char-
ter schools that the Secretary of Education iden-
tifies as— 
‘‘(i) receiving grants under part A of 
title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et. 
seq.) as a result of having within their ju-
risdictions concentrations of children from 
low-income families; or 
‘‘(ii) experiencing a shortage of teach-
ers, in particular a shortage of science, 
mathematics, special education, foreign lan-
guage, or career or technical teachers; and 
‘‘(B) in elementary schools or secondary 
schools, or as career or technical teachers. 
‘‘(c) COUNSELING
AND REFERRAL SERVICES.—The 
Secretary may provide counseling and referral services to 
members of the armed forces who do not meet the eligibility 
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176 
criteria described in subsection (d), including the education 
qualification requirements under paragraph (3)(B) of such 
subsection. 
‘‘(d) ELIGIBILITY AND APPLICATION PROCESS.— 
‘‘(1) ELIGIBLE MEMBERS.—The following mem-
bers of the armed forces are eligible for selection to 
participate in the Program: 
‘‘(A) Any member who— 
‘‘(i) on or after October 1, 1999, be-
comes entitled to retired or retainer pay 
under this title or title 14; 
‘‘(ii) has an approved date of retire-
ment that is within one year after the date 
on which the member submits an applica-
tion to participate in the Program; or 
‘‘(iii) has been transferred to the Re-
tired Reserve. 
‘‘(B) Any member who, on or after January 
8, 2002— 
‘‘(i)(I) is separated or released from 
active duty after four or more years of con-
tinuous active duty immediately before the 
separation or release; or 
‘‘(II) has completed a total of at least 
six years of active duty service, six years of 
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177 
service computed under section 12732 of 
this title, or six years of any combination 
of such service; and 
‘‘(ii) executes a reserve commitment 
agreement for a period of not less than three 
years under paragraph (5)(B). 
‘‘(C) Any member who, on or after January 
8, 2002, is retired or separated for physical dis-
ability under chapter 61 of this title. 
‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Selec-
tion of eligible members of the armed forces to partici-
pate in the Program shall be made on the basis of ap-
plications submitted to the Secretary within the time 
periods specified in subparagraph (B). An applica-
tion shall be in such form and contain such informa-
tion as the Secretary may require. 
‘‘(B) In the case of an eligible member of the 
armed forces described in subparagraph (A)(i), (B), 
or (C) of paragraph (1), an application shall be con-
sidered to be submitted on a timely basis under if the 
application is submitted not later than three years 
after the date on which the member is retired, sepa-
rated, or released from active duty, whichever applies 
to the member. 
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178 
‘‘(3) SELECTION CRITERIA; EDUCATIONAL BACK-
GROUND
REQUIREMENTS; HONORABLE
SERVICE
RE-
QUIREMENT.—(A) The Secretary shall prescribe the 
criteria to be used to select eligible members of the 
armed forces to participate in the Program. 
‘‘(B) If a member of the armed forces is applying 
for the Program to receive assistance for placement as 
an elementary school or secondary school teacher, the 
Secretary shall require the member to have received a 
baccalaureate or advanced degree from an accredited 
institution of higher education. 
‘‘(C) If a member of the armed forces is applying 
for the Program to receive assistance for placement as 
a career or technical teacher, the Secretary shall re-
quire the member— 
‘‘(i) to have received the equivalent of one 
year of college from an accredited institution of 
higher education or the equivalent in military 
education and training as certified by the De-
partment of Defense; or 
‘‘(ii) to otherwise meet the certification or 
licensing requirements for a career or technical 
teacher in the State in which the member seeks 
assistance for placement under the Program. 
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179 
‘‘(D) A member of the armed forces is eligible to 
participate in the Program only if the member’s last 
period of service in the armed forces was honorable, 
as characterized by the Secretary concerned. A mem-
ber selected to participate in the Program before the 
retirement of the member or the separation or release 
of the member from active duty may continue to par-
ticipate in the Program after the retirement, separa-
tion, or release only if the member’s last period of 
service is characterized as honorable by the Secretary 
concerned. 
‘‘(4) SELECTION PRIORITIES.—In selecting eligi-
ble members of the armed forces to receive assistance 
under the Program, the Secretary— 
‘‘(A) shall give priority to members who— 
‘‘(i) have educational or military expe-
rience in science, mathematics, special edu-
cation, foreign language, or career or tech-
nical subjects; and 
‘‘(ii) agree to seek employment as 
science, mathematics, foreign language, or 
special education teachers in elementary 
schools or secondary schools or in other 
schools under the jurisdiction of a local edu-
cational agency; and 
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180 
‘‘(B) may give priority to members who 
agree to seek employment in a high-need school. 
‘‘(5) OTHER
CONDITIONS
ON
SELECTION.—(A) 
Subject to subsection (i), the Secretary may not select 
an eligible member of the armed forces to participate 
in the Program and receive financial assistance un-
less the Secretary has sufficient appropriations for the 
Program available at the time of the selection to sat-
isfy the obligations to be incurred by the United 
States under subsection (e) with respect to the mem-
ber. 
‘‘(B) The Secretary may not select an eligible 
member of the armed forces described in paragraph 
(1)(B)(i) to participate in the Program and receive 
financial assistance under subsection (e) unless the 
member executes a written agreement to serve as a 
member of the Selected Reserve of a reserve component 
of the armed forces for a period of not less than three 
years. 
‘‘(e) PARTICIPATION AGREEMENT AND FINANCIAL AS-
SISTANCE.— 
‘‘(1) PARTICIPATION AGREEMENT.—(A) An eligi-
ble member of the armed forces selected to participate 
in the Program under subsection (b) and to receive fi-
nancial assistance under this subsection shall be re-
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181 
quired to enter into an agreement with the Secretary 
in which the member agrees— 
‘‘(i) within such time as the Secretary may 
require, to obtain certification or licensing as an 
elementary school teacher, secondary school 
teacher, or career or technical teacher; and 
‘‘(ii) to accept an offer of full-time employ-
ment as an elementary school teacher, secondary 
school teacher, or career or technical teacher for 
not less than three school years in an eligible 
school to begin the school year after obtaining 
that certification or licensing. 
‘‘(B) The Secretary may waive the three-year 
commitment described in subparagraph (A)(ii) for a 
participant if the Secretary determines such waiver to 
be appropriate. If the Secretary provides the waiver, 
the participant shall not be considered to be in viola-
tion of the agreement and shall not be required to 
provide reimbursement under subsection (f), for fail-
ure to meet the three-year commitment. 
‘‘(2) VIOLATION OF PARTICIPATION AGREEMENT; 
EXCEPTIONS.—A participant shall not be considered 
to be in violation of the participation agreement en-
tered into under paragraph (1) during any period in 
which the participant— 
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182 
‘‘(A) is pursuing a full-time course of study 
related to the field of teaching at an institution 
of higher education; 
‘‘(B) is serving on active duty as a member 
of the armed forces; 
‘‘(C) is temporarily totally disabled for a 
period of time not to exceed three years as estab-
lished by sworn affidavit of a qualified physi-
cian; 
‘‘(D) is unable to secure employment for a 
period not to exceed 12 months by reason of the 
care required by a spouse who is disabled; 
‘‘(E) is unable to find full-time employment 
as a teacher in an elementary school or sec-
ondary school or as a career or technical teacher 
for a single period not to exceed 27 months; or 
‘‘(F) satisfies the provisions of additional 
reimbursement exceptions that may be prescribed 
by the Secretary. 
‘‘(3) STIPEND AND BONUS FOR PARTICIPANTS.— 
(A) Subject to subparagraph (C), the Secretary may 
pay to a participant a stipend to cover expenses in-
curred by the participant to obtain the required edu-
cational level, certification or licensing. Such stipend 
may not exceed $5,000 and may vary by participant. 
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