81
STAT.]
PUBLIC LAW 90-83-SEPT. 11, 1967
^1) I n section 415(d)(3), strike out "is". (2) I n section 554(a), strike out "when it is located outside the United States, or in Alaska or Hawaii". (3) I n section 1007(b), strike out the second sentence. SEC. 6. (a) The Secretary of Labor shall act on any application for an Exemplary Rehabilitation Certificate received under this section from any person who was discharged or dismissed under conditions other than honorable, or who received a general discharge, at least three years before the date of receipt of such application. (b) In the case of any person discharged or dismissed from an armed force under conditions other than honorable before or after the enactment of this section, the Secretary of Labor may consider an application for, and issue to that person, an Exemplary Rehabilitation Certificate dated as of the date of issuance, if it is established to his satisfaction that such person has rehabilitated himself, that his character is good, and that his conduct, activities, and habits since he was so discharged or dismissed have been exemplary for a reasonable period of time, but not less than three years. The Secretary of Labor shall supply to the Secretary of Defense a copy of each Exemplary Rehabilitation Certificate which is issued, and the Secretary of Defense shall place it in the military personnel record of the individual to whom the certificate is issued. (c) For the purposes of subsection (b), oral and written evidence, or both, may be used, including— (1) a notarized statement from the chief law enforcement officer of the town, city, or county in which the applicant resides, attesting to his general reputation so far as police and court records are concerned; (2) a notarized statement from his employer, if employed, giving the employer's address, and attesting to the applicant's general reputation and employment record; (3) notarized statements from not less than five persons, attesting that they have personally known him for at least three years as a person of good reputation and exemplary conduct, and the extent of personal contact they have had with him; and (4) such independent investigations as the Secretary of Labor may make. Any person making application under this section may appear in person or by counsel before the Secretary of Labor. (d) No benefits under any laws of the United States (including but not limited to those relating to pensions, compensation, hospitalization, military pay and allowances, education, loan guarantees, retired pay, or other benefits based on military service) shall accrue to any person to whom an Exemplary Rehabilitation Certificate is issued under subsection (b) unless he would be entitled to those benefits under his original discharge or dismissal. (e) The Secretary of Labor shall require that the national system of public employment offices established under the Act of June 6, 1933, chapter 49, as amended (29 U.S.C. 49 et seq.), accord to any person who has been discharged or dismissed under conditions other than honorable but who has been issued an Exemplary Rehabilitation Certificate special counseling and job development assistance. (f) The Secretary of Labor shall report to Congress not later than January 15 of each year the number of cases reviewed by him under this section and the number of Exemplary Rehabilitation Certificates issued. (g) In carrying out the provisions of this section the Secretary of Labor is authorized to (1) issue regulations; (2) delegate his
221 76 Stat. 477. 37 USC 415.
so stat, 6:27.
'^ ^*°*- '^^^^ AmedForces. habm^uon cerl tmcates, issuance nrembe^s" °'™*'
48 Stat. 113.
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Congress.
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