§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 full-time 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 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, 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.

(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 employer-employee 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 non-managerial 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-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 medium-sized 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-

(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.)

Repeal of Section

Pub. L. 105–220, title I, §199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059 , provided that this section is repealed effective July 1, 2000.

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.

"(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."