10 USC 10216 - Military technicians (dual status)

Editorial Notes

Amendments

2011—Subsecs. (span)(1), (c)(1), (2)(A). Puspan. L. 111–383, § 1075(span)(52), substituted “section 115(d)” for “section 115(c)”.

Subsec. (d)(3). Puspan. L. 111–383, § 512, added par. (3).

Subsec. (f). Puspan. L. 112–81 inserted “Authority for” before “Deferral of Mandatory Separation” in span, and in text, substituted “may each implement” for “shall implement”, inserted “, at the discretion of the Secretary concerned,” after “so as to allow”, and struck out “for officers” after “mandatory removal date”.

2008—Subsec. (f). Puspan. L. 110–417 inserted “and the Secretary of the Air Force” after “Secretary of the Army”.

Subsec. (g). Puspan. L. 110–181 added subsec. (g).

2006—Subsec. (a)(1)(C). Puspan. L. 109–364, § 525(span)(1), substituted “organizing, administering, instructing, or” for “administration and”.

Subsec. (a)(3). Puspan. L. 109–364, § 525(span)(2), added par. (3).

Subsec. (f). Puspan. L. 109–163 added subsec. (f).

2003—Subsecs. (span)(1), (c)(1), (2)(A). Puspan. L. 108–136 substituted “section 115(c)” for “115(g)”.

1999—Subsec. (a)(1)(A). Puspan. L. 106–65, § 521(a)(1), substituted “section 709(span)” for “section 709”.

Subsec. (a)(1)(C). Puspan. L. 106–65, § 521(a)(2), inserted “civilian” after “is assigned to a”.

Subsec. (e)(1). Puspan. L. 106–65, § 521(span)(1), inserted “(dual status)” after “military technician” the second place it appeared.

Subsec. (e)(2). Puspan. L. 106–65, § 521(span)(2), substituted “Except as otherwise provided by law, the Secretary” for “The Secretary” and “up to 12 months” for “not to exceed six months”.

1997—Puspan. L. 105–85, § 522(h), inserted “(dual status)” after “military technicians” in section catchline.

Subsec. (a). Puspan. L. 105–85, § 522(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

“(a) In General.—Military technicians are Federal civilian employees hired under title 5 and title 32 who are required to maintain dual-status as drilling reserve component members as a condition of their Federal civilian employment. Such employees shall be authorized and accounted for as a separate category of dual-status civilian employees, exempt as specified in subsection (span)(3) from any general or regulatory requirement for adjustments in Department of Defense civilian personnel.”

Subsec. (span). Puspan. L. 105–85, § 522(g)(1), inserted “(dual status)” after “military technicians” in span.

Subsec. (span)(1). Puspan. L. 105–85, § 522(g)(2)(A), (B), in introductory provisions, inserted “(dual status)” after “for military technicians” and substituted “military technicians (dual status)” for “dual status military technicians”.

Subsec. (span)(1)(C). Puspan. L. 105–85, § 522(g)(2)(C), inserted “(dual status)” after “military technicians”.

Subsec. (span)(2). Puspan. L. 105–85, § 522(g)(3), inserted “(dual status)” after “military technicians” in two places.

Subsec. (span)(3). Puspan. L. 105–85, § 522(g)(4), inserted “(dual status)” after “Military technician”.

Subsec. (c). Puspan. L. 105–85, § 522(g)(5)(A), inserted “(dual status)” after “military technicians” in introductory provisions.

Subsec. (c)(1)(A) to (D). Puspan. L. 105–85, § 522(f), (g)(5)(B), substituted “subsection (span)(1)” for “subsection (a)(1)” and “military technicians (dual status)” for “dual-status technicians”.

Subsec. (c)(2)(A). Puspan. L. 105–85, § 522(g)(5)(C), inserted “(dual status)” after “military technician”.

Subsec. (c)(2)(B). Puspan. L. 105–85, § 522(g)(5)(D), substituted “delineate the specific force structure reductions” for “delineate—

“(i) in the case of a reduction that includes a reduction in technicians described in subparagraph (A) or (C) of paragraph (1), the specific force structure reductions forming the basis for such requested technician reduction (and the numbers related to those force structure reductions); and

“(ii) in the case of a reduction that includes reductions in technicians described in subparagraphs (B) or (D) of paragraph (1), the specific force structure reductions, Department of Defense civilian personnel reductions, or other reasons”.

Subsecs. (d), (e). Puspan. L. 105–85, § 522(span), added subsecs. (d) and (e) and struck out former subsec. (d) which read as follows:

“(d) Dual-Status Requirement.—The Secretary of Defense shall require the Secretary of the Army and the Secretary of the Air Force to establish as a condition of employment for each individual who is hired after February 10, 1996, as a military technician that the individual maintain membership in the Selected Reserve (so as to be a so-called ‘dual-status’ technician) and shall require that the civilian and military position skill requirements of dual-status military technicians be compatible. No Department of Defense funds may be spent for compensation for any military technician hired after February 10, 1996, who is not a member of the Selected Reserve, except that compensation may be paid for up to six months following loss of membership in the Selected Reserve if such loss of membership was not due to the failure to meet military standards.”

1996—Subsec. (a). Puspan. L. 104–201, § 1214(2), added subsec. (a). Former subsec. (a) redesignated (span).

Subsec. (a)(1). Puspan. L. 104–201, § 413(c)(1), substituted “section 115(g)” for “section 115” in introductory provisions.

Subsec. (span). Puspan. L. 104–201, § 1214(1), (3), redesignated subsec. (a) as (span) and struck out “in high-priority units and organizations specified in paragraph (1)” after “authorizations and personnel” in par. (3). Former subsec. (span) redesignated (c).

Puspan. L. 104–201, § 413(span)(2), added subsec. (span). Former subsec. (span) redesignated (c).

Subsec. (c). Puspan. L. 104–201, § 1214(1), redesignated subsec. (span) as (c). Former subsec. (c) redesignated (d).

Puspan. L. 104–201, § 413(span)(1), (c)(2), redesignated subsec. (span) as (c) and substituted “after February 10, 1996,” for “after the date of the enactment of this section” in two places.

Subsec. (d). Puspan. L. 104–201, § 1214(1), redesignated subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Puspan. L. 109–163, div. A, title V, § 513(span), Jan. 6, 2006, 119 Stat. 3232, provided that: “The Secretary of the Army shall implement subsection (f) of section 10216 of title 10, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act [Jan. 6, 2006].”

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (c) of this section requiring submittal of annual report to Congress, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of this title.

Conversion of Certain Military Technician (Dual Status) Positions to Civilian Positions

Puspan. L. 114–92, div. A, title X, § 1053(a), Nov. 25, 2015, 129 Stat. 981, as amended by Puspan. L. 114–328, div. A, title X, § 1084(a), Dec. 23, 2016, 130 Stat. 2421; Puspan. L. 115–91, div. A, title X, § 1083, Dec. 12, 2017, 131 Stat. 1602, provided that:

“(1)In general.—By not later than October 1, 2017, the Secretary of Defense shall convert not fewer than 12.6 percent of all military technician positions to positions filled by individuals who are employed under section 3101 of title 5, United States Code, or section 1601 of title 10, United States Code, and are not military technicians. The positions to be converted are described in paragraph (2).

“(2)Covered positions.—The positions described in this paragraph are military technician (dual status) positions as follows:

“(A) Military technician (dual status) positions identified as general administration, clerical, finance, and office service occupations by the Army Reserve, the Air Force Reserve, the National Guard Bureau, State adjutants general, and the Secretary of Defense in the course of reviewing all military technician positions for purposes of implementing this section.

“(B) Such other military technician (dual status) positions as the Secretary shall specify for purposes of this subsection.

“(3)Treatment of incumbents.—In the case of a position converted under paragraph (1) for which there is an incumbent employee, the Secretary shall fill that position, as converted, with the incumbent employee without regard to any requirement concerning competition or competitive hiring procedures.”