Pub. L. 103-160, div. A, tit. XIII, subtit. C, sec. 1332

PROGRAMS TO PLACE SEPARATED MEMBERS IN EMPLOYMENT POSITIONS WITH LAW ENFORCEMENT AGENCIES AND HEALTH CARE PROVIDERS.

EnactedYear: 1993Length: 2,167 wordsOfficial source
SEC. 1332. PROGRAMS TO PLACE SEPARATED MEMBERS IN EMPLOYMENT POSITIONS WITH LAW ENFORCEMENT AGENCIES AND HEALTH CARE PROVIDERS. (a) Placement Program With Law Enforcement Agencies.—Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1152. Assistance to separated members to obtain employment with law enforcement agencies “(a) Placement Program.—The Secretary of Defense may establish a program to assist eligible members of the armed forces to obtain employment as law enforcement officers with State and local law enforcement agencies upon their discharge or release from active duty. “(b) Eligible Members.—(1) Except as provided in paragraph (2), a member of the armed forces may apply 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; and “(B) has a military occupational specialty, training, or experience related to law enforcement (such as service as a 107 STAT. 1794member of the military police) or satisfies such other criteria for selection as the Secretary of Defense may prescribe. “(2) 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 shall select members to participate in the program established under subsection (a) on the basis of applications submitted to the Secretary not later than one year after the date of the discharge or release of the members from active duty. An application shall be in such form and contain such information as the Secretary may require. “(2) The Secretary may not select a member to participate in the program unless the Secretary 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. “(d) Grants to Facilitate Employment.—(1) The Secretary of Defense may enter into agreements with State and local law enforcement agencies to assist eligible members selected under subsection (c) to obtain suitable employment as law enforcement officers with these agencies. Under such an agreement, a law enforcement agency 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 shall agree to pay to the law enforcement agency involved an amount based upon the basic salary paid by the law enforcement agency to the participant as a law enforcement officer. The rate of payment by the Secretary 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 in such installments as the Secretary may determine. “(4) If a participant who is placed under this program leaves the employment of the law enforcement agency before the end of the five years of required employment service, the agency shall reimburse the Secretary 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 may not make a grant under this subsection to a law enforcement agency if the Secretary determines that the law enforcement agency terminated the employment of another employee in order to fill the vacancy so created with a participant in mis program. “(e) Agreements With States.—(1) In addition to the agreements referred to in subsection (d)(1), the Secretary of Defense 107 STAT. 1795may enter into an agreement directly with a State to allow the State to arrange the placement of participants in the program with State and local law enforcement agencies. Paragraphs (2) through (5) of subsection (d) shall apply with respect to any placement made through such an agreement. “(2) The Secretary 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: “(1) 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. “(2) The term ‘law enforcement officer’ means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws, including police, corrections, probation, parole, and judicial officers.”. (b) Placement Program With Health Care Providers.—Chapter 58 of title 10, United States Code, is amended by adding after section 1152, as added by subsection (a), the following new section: “§ 1153. Assistance to separated members to obtain employment with health care providers “(a) Placement Program.—The Secretary of Defense 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 by the Secretary of Defense 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), or satisfies such other criteria for selection as the Secretary 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. 107 STAT. 1796 “(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 shall select members to participate in the program established under subsection (a) on the basis of applications submitted to the Secretary 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 Secretary may require. “(2) The Secretary may not select a member to participate in the program unless the Secretary 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 Secretary 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 Secretary 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 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 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 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 in such installments as the Secretary may determine. 107 STAT. 1797 “(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 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 may not make a grant under this subsection to a health care provider if the Secretary 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 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 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.”. (c) Preseparation Counseling.—Section 1142(b)(4) of title 10, United States Code, is amended by striking out “program established under section 1151 of this title to assist members to obtain employment as elementary or secondary school teachers or teachers’ aides.” and inserting in lieu thereof “programs established under sections 1151, 1152, and 1153 of this title.”. (d) Study on Expansion of the Law Enforcement Placement Program to Include the Border Patrol.—(1) The Secretary of Defense, in consultation with the Commissioner of the Immigration and Naturalization Service, shall conduct a study regarding the feasibility of expanding the law enforcement placement program established under section 1152 of title 10, United States Code, as added by subsection (a), to include the placement of members of the Armed Forces who are discharged or released from active duty with the Border Patrol of the Immigration and Naturalization Service. (2) Not later than March 1, 1994, the Secretary shall submit a report to Congress containing the results of the study required by this subsection. (e) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new items: “1152. Assistance to separated members to obtain employment with law enforcement agencies. “1153. Assistance to separated members to obtain employment with health care providers.”. 107 STAT. 1798
Pub. L. 103-160, div. A, tit. XIII, subtit. C, sec. 1332: PROGRAMS TO PLACE SEPARATED MEMBERS IN EMPLOYMENT POSITIONS WITH LAW ENFORCEMENT AGENCIES AND HEALTH CARE PROVIDERS. | Justis AI