America's Health Responders - U.S. PUBLIC HEALTH SERVICE COMMISSIONED CORPS
Commissioned Corps E-Bulletin
Transferability and the Corps
Submitted By LT Reginald O. Smith
 
On January 4, 2011, the Post 9/11 Veterans Educational Assistance Improvements Act of 2010 (Act) became law. See Public Law 111-377. The Act replaced the term “Armed Forces” with “Uniform Service” in Section 3319 of Title 38. See Section 110 of Public Law 111-377. Thus, transferability is available to Commissioned Corps of the U.S. Public Health Service (Corps) officers.

The Act becomes effective August 1, 2011 but that does not mean that Corps officers will have the ability to use transferability on said date. A closer examination of Public Law 111-377 finds the following new paragraph added to Subsection (a) of Section 3319:

"(2) The purpose of the authority in paragraph (1) is to promote recruitment and retention in the uniformed services. The Secretary concerned may exercise the authority for that purpose when authorized by the Secretary of Defense in the national security interests of the United States."

This means the Secretary of Health and Human Services (Secretary) must be authorized by the Secretary of Defense (SECDEF) to grant transferability of Post 9/11 Educational Assistance to Corps officers. Moreover, the Secretary must prove to the SECDEF that transferability is needed for the recruitment and retention of Corps officers in the national security interests of the United States.

Presently, no official word has been given on whether the Secretary will seek transferability authorization from SECDEF. The Office of Commissioned Corps Force Management (OCCFM) is currently working on providing the Secretary with the information needed to support transferability authorization. OCCFM will keep officers apprised of any new developments.
Health and Human Services Public Health, Commissioned Corps Public Health, Commissioned Corps

HHS, Office of Public Health and Science
Office of Commissioned Corps Force Management
Tower Building
1101 Wootton Parkway, Plaza Level Suite 100
Rockville, MD 20852