PRIA, Government Policy, Made Personal

Summary

The Secretary of Defense and the Secretary of Homeland Security may set up a program to help eligible service members get jobs with health care providers after they leave active duty. Employers who join the program must hire a participant full time for at least five years. The government can pay part of the worker’s basic salary for up to five years: 50% (but no more than $25,000) the first year, 40% (max $10,000) the second year, 30% (max $7,500) the third year, 20% (max $5,000) the fourth year, and 10% (max $2,500) the fifth year. Payments can be split into installments. If the hired participant leaves before five years, the provider must repay the government a fair share of what was paid. The government will not fund a placement if the provider fired someone to create the job. To apply, a member must usually have an associate, bachelor’s, or advanced degree and either have health-care-related military training or be able to get needed training quickly. Members involuntarily separated, approved for certain separations, or retired under a specific 1992 authority during the six-year period starting October 1, 1993, may qualify. Someone who earns the needed degree within five years after discharge can also qualify. Applicants must apply within one year after leaving service or within one year after becoming qualified. Members discharged under other than honorable conditions cannot take part. The Secretaries may also work with States (including DC, U.S. territories, and some Pacific island nations) to place participants and may reserve up to 10% of program funds for State placements.

Title 10, §1153

Armed Forces, Source: USLM XML via OLRC

(a)Placement Program.—

The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may establish a program to assist eligible members of the armed forces to obtain employment with health care providers upon their discharge or release from active duty.

(b)Eligible Members.—

(1)Except as provided in paragraph (2), a member shall be eligible for selection to participate in the program established under subsection (a) if the member—

(A)is selected for involuntary separation, is approved for separation under section 1174a or 1175 of this title, or retires pursuant to the authority provided in section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102–484; 10 U.S.C. 1293 note) during the six-year period beginning on October 1, 1993;

(B)has received an associate degree, baccalaureate, or advanced degree from an accredited institution of higher education or a junior or community college; and

(C)has a military occupational specialty, training, or experience related to health care, is likely to be able to obtain such training in a short period of time (as determined by the Secretary concerned), or satisfies such other criteria for selection as the Secretary concerned may prescribe.

(2)For purposes of this section, a former member of the armed forces who did not meet the minimum educational qualification criterion set forth in paragraph (1)(B) for placement assistance before discharge or release from active duty shall be considered to be a member satisfying such educational qualification criterion upon satisfying that criterion within five years after discharge or release from active duty.

(3)A member who is discharged or released from service under other than honorable conditions shall not be eligible to participate in the program.

(c)Selection of Participants.—

(1)The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, shall select members to participate in the program established under subsection (a) on the basis of applications submitted to the Secretary concerned not later than one year after the date of the discharge or release of the members from active duty or, in the case of an applicant becoming educationally qualified for teacher placement assistance in accordance with subsection (b)(2), not later than one year after the date on which the applicant becomes educationally qualified. An application shall be in such form and contain such information as the Secretaries may require.

(2)The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may not select a member to participate in the program unless the Secretary concerned has sufficient appropriations for the placement program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (d) with respect to that member.

(3)(A)The Secretaries shall provide under the program for identifying, during each fiscal year in the period referred to in subsection (b)(1)(A), noncommissioned officers who, on or before the end of such fiscal year, will have completed 10 or more years of continuous active duty, who have the potential to perform competently in employment positions with health care providers, but who do not satisfy the minimum educational qualification criterion under subsection (b)(1)(B) for placement assistance.

(B)The Secretaries shall inform noncommissioned officers identified under subparagraph (A) of the opportunity to qualify in accordance with subsection (b)(2) for placement assistance under the program.

(d)Grants to Facilitate Employment.—

(1)The Secretary of Defense and the Secretary of Homeland Security may enter into an agreement with a health care provider to assist eligible members selected under subsection (c) to obtain suitable employment with the health care provider. Under such an agreement, a health care provider shall agree to employ a participant in the program on a full-time basis for at least five years.

(2)Under an agreement referred to in paragraph (1), the Secretary concerned shall agree to pay to the health care provider involved an amount based upon the basic salary paid by the health care provider to the participant. The rate of payment by the Secretary concerned shall be as follows:

(A)For the first year of employment, 50 percent of the basic salary, except that the payment may not exceed $25,000.

(B)For the second year of employment, 40 percent of the basic salary, except that the payment may not exceed $10,000.

(C)For the third year of employment, 30 percent of the basic salary, except that the payment may not exceed $7,500.

(D)For the fourth year of employment, 20 percent of the basic salary, except that the payment may not exceed $5,000.

(E)For the fifth year of employment, 10 percent of the basic salary, except that the payment may not exceed $2,500.

(3)Payments required under paragraph (2) may be made by the Secretary concerned in such installments as the Secretary concerned may determine.

(4)If a participant who is placed under this program leaves the employment of the health care provider before the end of the five years of required employment service, the provider shall reimburse the Secretary concerned in an amount that bears the same ratio to the total amount already paid under the agreement as the unserved portion bears to the five years of required service.

(5)The Secretary concerned may not make a grant under this subsection to a health care provider if the Secretary concerned determines that the provider terminated the employment of another employee in order to fill the vacancy so created with a participant in this program.

(e)Agreements With States.—

(1)In addition to the agreements referred to in subsection (d)(1), the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may enter into an agreement directly with a State to allow the State to arrange the placement of participants in the program with health care providers. Paragraphs (2) through (5) of subsection (d) shall apply with respect to any placement made through such an agreement.

(2)The Secretary concerned may reserve up to 10 percent of the funds made available to carry out the program for a fiscal year for the placement of participants through agreements entered into under paragraph (1).

(f)Definitions.—

In this section, the term “State” includes the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Palau, and the Virgin Islands.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsecs. (a), (c)(1), (2), (d)(1), (e)(1). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1994—Subsec. (a). Pub. L. 103–337, § 543(e)(1), inserted “, and the Secretary of Transportation with respect to the Coast Guard,” after “Secretary of Defense”. Subsec. (b)(1). Pub. L. 103–337, § 543(e)(2), struck out “by the Secretary of Defense” after “selection” in introductory provisions and inserted “concerned” after “Secretary” in two places in subpar. (C). Subsec. (c)(1). Pub. L. 103–337, § 543(e)(3), inserted “, and the Secretary of Transportation with respect to the Coast Guard,” after “Secretary of Defense” and “concerned” after “to the Secretary” and substituted “Secretaries may” for “Secretary may”. Subsec. (c)(2). Pub. L. 103–337, § 543(e)(4), inserted “of Defense, and the Secretary of Transportation with respect to the Coast Guard,” after “The Secretary” and “concerned” after “unless the Secretary”. Subsec. (c)(3). Pub. L. 103–337, § 543(e)(5), substituted “Secretaries” for “Secretary” in subpars. (A) and (B). Subsec. (d)(1). Pub. L. 103–337, § 543(e)(6)(A), inserted “and the Secretary of Transportation” after “Secretary of Defense”. Subsec. (d)(2) to (5). Pub. L. 103–337, § 543(e)(6)(B), inserted “concerned” after “Secretary” wherever appearing. Subsec. (e)(1). Pub. L. 103–337, § 543(e)(7)(A), inserted “, and the Secretary of Transportation with respect to the Coast Guard,” after “the Secretary of Defense”. Subsec. (e)(2). Pub. L. 103–337, § 543(e)(7)(B), inserted “concerned” after “The Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

§1153 Assistance to Separated Members to Obtain Employment with Health Care Providers