10 U.S.C. § 1151 — Retention of assistive technology and

Page 1223 TITLE 10—ARMED FORCES § 1151 103–337, div. A, title V, § 542(a)(8), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(17), Jan. 2, 2013, 126 Stat. 1952.) Editorial Notes AMENDMENTS 2013—Pub. L. 112–239 inserted ‘‘when it is not oper- ating as a service in the Navy’’ after ‘‘Coast Guard’’. 2002—Pub. L. 107–296 substituted ‘‘of Homeland Secu- rity’’ for ‘‘of Transportation’’. 1994—Pub. L. 103–337 inserted ‘‘or the Secretary of Transportation with respect to the Coast Guard’’ after ‘‘Secretary of Defense’’ and struck out ‘‘of the military department’’ before ‘‘concerned’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103–337, set out as a note under section 1141 of this title. § 1150. Affiliation with Guard and Reserve units: waiver of certain limitations (a) PREFERENCE FOR CERTAIN PERSONS.—A per- son who is separated from the armed forces dur- ing the period beginning on October 1, 1990, and ending on December 31, 2001, and who applies to become a member of a National Guard or Re- serve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or pro- jected vacancies within the unit to which the member applies. (b) LIMITED WAIVER OF STRENGTH LIMITA- TIONS.—Under regulations prescribed by the Sec- retary of Defense, a person covered by sub- section (a) who enters a National Guard or Re- serve unit pursuant to an application described in such subsection may be retained in that unit for up to three years without regard to reserve- component strength limitations so long as the individual maintains good standing in that unit. (c) COAST GUARD.—This section shall apply to the Coast Guard in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall prescribe regulations to implement this section for the Coast Guard when it is not oper- ating as a service in the Navy. (Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended Pub. L. 102–484, div. A, title V, § 514, Oct. 23, 1992, 106 Stat. 2406; Pub. L. 103–160, div. A, title V, § 561(j), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, div. A, title V, § 542(a)(9), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, § 561(p), Oct. 17, 1998, 112 Stat. 2027; Pub. L. 106–398, § 1 [[div. A], title V, § 571(o)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(18), Jan. 2, 2013, 126 Stat. 1952.) Editorial Notes AMENDMENTS 2013—Subsec. (c). Pub. L. 112–239 inserted ‘‘when it is not operating as a service in the Navy’’ after ‘‘for the Coast Guard’’. 2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘Decem- ber 31, 2001’’ for ‘‘September 30, 2001’’. 1998—Subsec. (a). Pub. L. 105–261 substituted ‘‘during the period beginning on October 1, 1990, and ending on September 30, 2001’’ for ‘‘during the nine-year period be- ginning on October 1, 1990’’. 1994—Subsec. (c). Pub. L. 103–337 added subsec. (c). 1993—Subsec. (a). Pub. L. 103–160 substituted ‘‘nine- year period’’ for ‘‘five-year period’’. 1992—Subsec. (a). Pub. L. 102–484 struck out ‘‘involun- tarily’’ after ‘‘who is’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103–337, set out as a note under section 1141 of this title. § 1151. Retention of assistive technology and services provided before separation (a) AUTHORITY.—A member of the armed forces who is provided an assistive technology or as- sistive technology device for a severe or debili- tating illness or injury incurred or aggravated by such member while on active duty may, under regulations prescribed by the Secretary of Defense, be authorized to retain such assistive technology or assistive technology device upon the separation of the member from active serv- ice. (b) DEFINITIONS.—In this section, the terms ‘‘assistive technology’’ and ‘‘assistive tech- nology device’’ have the meaning given those terms in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002). (Added Pub. L. 109–364, div. A, title V, § 561(a), Oct. 17, 2006, 120 Stat. 2219.) Editorial Notes PRIOR PROVISIONS A prior section 1151, added Pub. L. 102–484, div. D, title XLIV, § 4441(a)(1), Oct. 23, 1992, 106 Stat. 2725; amended Pub. L. 103–35, title II, § 201(f)(1), May 31, 1993, 107 Stat. 99; Pub. L. 103–160, div. A, title V, § 561(k), title XIII, § 1331(a)–(c)(1), (d)–(g), Nov. 30, 1993, 107 Stat. 1668, 1791–1793; Pub. L. 103–337, div. A, title V, § 543(c), title X, § 1070(a)(7), title XI, § 1131(a), (b), Oct. 5, 1994, 108 Stat. 2769, 2855, 2871; Pub. L. 103–382, title III, § 391(b)(1), (2), Oct. 20, 1994, 108 Stat. 4021; Pub. L. 104–106, div. A, title XV, § 1503(a)(10), Feb. 10, 1996, 110 Stat. 511; Pub. L. 104–201, div. A, title V, § 576(a), Sept. 23, 1996, 110 Stat. 2535; Pub. L. 105–85, div. A, title X, § 1073(a)(19), Nov. 18, 1997, 111 Stat. 1901, related to assistance to separated members to obtain certification and employment as teachers or employment as teachers’ aides, prior to re- peal by Pub. L. 106–65, div. A, title XVII, § 1707(a)(1), Oct. 5, 1999, 113 Stat. 823. Page 1224 TITLE 10—ARMED FORCES § 1152 § 1152. Assistance to eligible members and former members to obtain employment with law en- forcement agencies (a) PLACEMENT PROGRAM.—The Secretary of Defense, and the Secretary of Homeland Secu- rity with respect to the Coast Guard, may enter into an agreement with the Attorney General to establish or participate in a program to assist eligible members and former members of the armed forces to obtain employment as law en- forcement officers with eligible law enforcement agencies following the discharge or release of such members or former members from active duty. Eligible law enforcement agencies shall consist of State law enforcement agencies, local law enforcement agencies, and Indian tribes that perform law enforcement functions (as de- termined by the Secretary of the Interior). (b) ELIGIBLE MEMBERS.—Any individual who, during the 6-year period beginning on October 1, 1993, is a member of the armed forces and is sep- arated with an honorable discharge or is re- leased from service on active duty characterized as honorable by the Secretary concerned shall be eligible to participate in a program covered by an agreement referred to in subsection (a). (c) SELECTION.—In the selection of applicants for participation in a program covered by an agreement referred to in subsection (a), pref- erence shall be given to a member or former member who— (1) is selected for involuntary separation, is approved for separation under section 1174a or 1175 of this title, or retires pursuant to the au- thority provided in section 4403 of the Defense Conversion, Reinvestment, and Transition As- sistance Act of 1992 (division D of Public Law 102–484; 10 U.S.C. 1293 note); and (2) has a military occupational specialty, training, or experience related to law enforce- ment (such as service as a member of the mili- tary police) or satisfies such other criteria for selection as the Secretary, the Attorney Gen- eral, or a participating eligible law enforce- ment agency prescribed in accordance with the agreement. (d) GRANTS TO FACILITATE EMPLOYMENT.—(1) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may provide funds to the Attorney Gen- eral for grants under this section to reimburse participating eligible law enforcement agencies for costs, including salary and fringe benefits, of employing members or former members pursu- ant to a program referred to in subsection (a). (2) No grant with respect to an eligible mem- ber or former member may exceed a total of $50,000. (3) Any grant with respect to an eligible mem- ber or former member shall be disbursed within 5 years after the date of the placement of a member or former member with a participating eligible law enforcement agency. (4) Preference in awarding grants through ex- isting law enforcement hiring programs shall be given to State or local law enforcement agencies or Indian tribes that agree to hire eligible mem- bers and former members. (e) ADMINISTRATIVE EXPENSES.—Ten percent of the amount, if any, appropriated for a fiscal year to carry out the program established pursu- ant to subsection (a) may be used to administer the program. (f) REQUIREMENT FOR APPROPRIATION.—No per- son may be selected to participate in the pro- gram established pursuant to subsection (a) un- less a sufficient amount of appropriated funds is available at the time of the selection to satisfy the obligations to be incurred by the United States under an agreement referred to in sub- section (a) that applies with respect to the per- son. (g) AUTHORITY TO EXPAND PLACEMENT TO IN- CLUDE FIREFIGHTERS.—(1) The Secretary may ex- pand the placement activities authorized by sub- section (a) to include the placement of eligible members and former members and eligible civil- ian employees of the Department of Defense as firefighters or members of rescue squads or am- bulance crews with public fire departments. (2) The expansion authorized by this sub- section may be made through a program covered by an agreement referred to in subsection (a), if feasible, or in such other manner as the Sec- retary considers appropriate. (3) A civilian employee of the Department of Defense shall be eligible to participate in the ex- panded placement activities authorized under this subsection if the employee, during the six- year period beginning October 1, 1993, is termi- nated from such employment as a result of re- ductions in defense spending or the closure or realignment of a military installation, as deter- mined by the Secretary of Defense. (Added Pub. L. 103–160, div. A, title XIII, § 1332(a), Nov. 30, 1993, 107 Stat. 1793; amended Pub. L. 103–337, div. A, title V, § 543(d), title XI, § 1132(a)(1), Oct. 5, 1994, 108 Stat. 2771, 2872; Pub. L. 104–106, div. A, title XV, § 1503(a)(11), Feb. 10, 1996, 110 Stat. 511; Pub. L. 104–201, div. A, title V, § 575, Sept. 23, 1996, 110 Stat. 2535; Pub. L. 105–85, div. A, title X, § 1073(a)(20), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes AMENDMENTS 2002—Subsecs. (a), (d)(1). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1997—Subsec. (g). Pub. L. 105–85 inserted ‘‘(1)’’ before ‘‘The Secretary may’’. 1996—Subsec. (g). Pub. L. 104–201, in heading, sub- stituted ‘‘Authority To Expand Placement To Include Firefighters’’ for ‘‘Conditional Expansion of Placement to Include Firefighters’’, in par. (1), substituted ‘‘The Secretary may’’ for ‘‘(1) Subject to paragraph (2), the Secretary may’’, and in par. (2), struck out ‘‘The Sec- retary may implement the expansion authorized by this subsection only if the Secretary certifies to Con- gress not later than April 3, 1994, that such expansion will facilitate personnel transition programs of the De- partment of Defense.’’ after ‘‘(2)’’ and inserted ‘‘author- ized by this subsection’’ after ‘‘The expansion’’. Subsec. (g)(2). Pub. L. 104–106 substituted ‘‘not later than April 3, 1994,’’ for ‘‘not later than 180 days after the date of the enactment of the National Defense Au- thorization Act for Fiscal Year 1995’’. 1994—Pub. L. 103–337, § 543(d), inserted ‘‘, and the Sec- retary of Transportation with respect to the Coast Guard,’’ after ‘‘Secretary of Defense’’ in subsecs. (a) and (d). Pub. L. 103–337, § 1132(a)(1), substituted ‘‘eligible mem- bers and former members’’ for ‘‘separated members’’ in