
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1153]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
    CHAPTER 58--BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR 
                           RECENTLY SEPARATED
 
Sec. 1153. Assistance to separated members to obtain employment 
        with health care providers
        
    (a) Placement Program.--The Secretary of Defense, and the Secretary 
of Transportation 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 Transportation 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 Transportation 
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 Transportation 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 Transportation 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.

(Added Pub. L. 103-160, div. A, title XIII, Sec. 1332(b), Nov. 30, 1993, 
107 Stat. 1795; amended Pub. L. 103-337, div. A, title V, Sec. 543(e), 
Oct. 5, 1994, 108 Stat. 2771.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-337, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 543(e)(5), substituted 
``Secretaries'' for ``Secretary'' in subpars. (A) and (B).
    Subsec. (d)(1). Pub. L. 103-337, Sec. 543(e)(6)(A), inserted ``and 
the Secretary of Transportation'' after ``Secretary of Defense''.
    Subsec. (d)(2) to (5). Pub. L. 103-337, Sec. 543(e)(6)(B), inserted 
``concerned'' after ``Secretary'' wherever appearing.
    Subsec. (e)(1). Pub. L. 103-337, Sec. 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, Sec. 543(e)(7)(B), inserted 
``concerned'' after ``The Secretary''.

                  Section Referred to in Other Sections

    This section is referred to in section 1142 of this title.
