(a) Preference for Certain Persons.— A person who is separated from the armed forces during 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 Reserve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies.
(b) Limited Waiver of Strength Limitations.— Under regulations prescribed by the Secretary of Defense, a person covered by subsection (a) who enters a National Guard or Reserve 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 operating as a service in the Navy.
(a) Preference for Certain Persons.— A person who is separated from the armed forces during 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 Reserve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or projected vacancies within the unit to which the member applies.
(b) Limited Waiver of Strength Limitations.— Under regulations prescribed by the Secretary of Defense, a person covered by subsection (a) who enters a National Guard or Reserve 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.
2002—Subsec. (c). Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.
2000—Subsec. (a). Pub. L. 106–398substituted “December 31, 2001” for “September 30, 2001”.
1998—Subsec. (a). Pub. L. 105–261substituted “during the period beginning on October 1, 1990, and ending on September 30, 2001” for “during the nine-year period beginning on October 1, 1990”.
1993—Subsec. (a). Pub. L. 103–160substituted “nine-year period” for “five-year period”.
1992—Subsec. (a). Pub. L. 102–484struck out “involuntarily” after “who is”.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) ofPub. L. 107–296, set out as a note under section
101 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) ofPub. L. 103–337, set out as a note under section
1141 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.