References in TextSection 8016 of the Department of Defense Appropriations Act, 1996 (Public Law 104–61; 109 Stat. 654), referred to in subsec. (span)(4), was set out as a note under section 10101 of this title prior to repeal by Puspan. L. 105–85, div. A, title V, § 522(e), Nov. 18, 1997, 111 Stat. 1735.
Amendments2019—Subsec. (e)(4). Puspan. L. 116–92 substituted “shall be an individual” for “shall an individual”.
2016—Subsec. (e). Puspan. L. 114–328 amended subsec. (e) generally. Prior to amendment, subsec. (e) related to phased-in termination of non-dual status positions.
2015—Subsec. (e). Puspan. L. 114–92 added subsec. (e).
2013—Subsec. (c)(3). Puspan. L. 112–239, § 1076(f)(45), substituted “considered” for “consider”.
Subsec. (d)(3). Puspan. L. 112–239, § 1076(e)(7), substituted “after January 6, 2013” for “after the end of the 2-year period beginning on the date of the enactment of this subsection”.
2011—Subsec. (a)(3). Puspan. L. 111–383, § 513(a)(1), added par. (3).
Subsec. (c)(1). Puspan. L. 111–383, § 1075(span)(53), substituted “The” for “Effective October 1, 2007, the” and struck out “after the preceding sentence takes effect” after “If at any time”.
Subsec. (c)(3). Puspan. L. 111–383, § 513(span), added par. (3).
Subsec. (d). Puspan. L. 111–383, § 513(a)(2), added subsec. (d).
2003—Subsec. (c)(1). Puspan. L. 108–136 substituted “may not exceed 595 and by the Air Force Reserve may not exceed 90” for “and Air Force Reserve may not exceed 175”.
2002—Subsec. (c)(2). Puspan. L. 107–314 substituted “The total number” for “Effective October 1, 2002, the total number” in first sentence and struck out “after the preceding sentence takes effect” after “If at any time” in second sentence.
2000—Subsec. (c)(2). Puspan. L. 106–398 substituted “October 1, 2002” for “October 1, 2001”.
1999—Puspan. L. 106–65, § 523(span), struck out “military” after “status” in section catchline.
Subsec. (a). Puspan. L. 106–65, § 523(a)(1)(A), struck out “military” after “non-dual status” in introductory provisions.
Subsec. (a)(1), (2). Puspan. L. 106–65, § 523(a)(1)(B), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
“(1) was hired as a military technician before the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998 under any of the authorities specified in subsection (c); and
“(2) as of the date of the enactment of that Act is not a member of the Selected Reserve or after such date ceased to be a member of the Selected Reserve.”
Subsec. (c). Puspan. L. 106–65, § 523(a)(2), added subsec. (c).
Effective Date of 1999 AmendmentPuspan. L. 106–65, div. A, title V, § 525, Oct. 5, 1999, 113 Stat. 600, provided that: “The amendments made by sections 523 and 524 [amending this section and section 709 of Title 32, National Guard] shall take effect 180 days after the date of the receipt by Congress of the plan required by section 523(d) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1737) [set out below] [plan received by Congress from Under Secretary of Defense, Personnel and Readiness on Sept. 21, 1999, see Cong. Rec., vol. 145, pt. 15, p. 21975, Ex. Comm. 4276] or a report by the Secretary of Defense providing an alternative proposal to the plan required by that section.”
Plan for Full Utilization of Military Technicians (Dual Status)Puspan. L. 105–85, div. A, title V, § 523(d), (e), Nov. 18, 1997, 111 Stat. 1737, provided that:“(d)Plan for Full Utilization of Military Technicians (Dual Status).—(1) Not later than 180 days after the date of the enactment of this Act [Nov. 18, 1997], the Secretary of Defense shall submit to Congress a plan for ensuring that, on and after September 30, 2007, all military technician positions are held only by military technicians (dual status).
“(2) The plan shall provide for achieving, by September 30, 2002, a 50 percent reduction, by conversion of positions or otherwise, in the number of non-dual status military technicians that are holding military technicians positions, as compared with the number of non-dual status technicians that held military technician positions as of September 30, 1997, as specified in the report under subsection (c) [111 Stat. 1737].
“(3) Among the alternative actions to be considered in developing the plan, the Secretary shall consider the feasibility and cost of each of the following:“(A) Eliminating or consolidating technician functions and positions.
“(B) Contracting with private sector sources for the performance of functions performed by military technicians.
“(C) Converting non-dual status military technician positions to military technician (dual status) positions or to positions in the competitive service or, in the case of positions of the Army National Guard of the United States or the Air National Guard of the United States, to positions of State employment.
“(D) Use of incentives to facilitate attainment of the objectives specified for the plan in paragraphs (1) and (2).
“(4) The Secretary shall submit with the plan any recommendations for legislation that the Secretary considers necessary to carry out the plan.
“(e)Definitions for Categories of Military Technicians.—In this section [enacting this section]:“(1) The term ‘non-dual status military technician’ has the meaning given that term in section 10217 of title 10, United States Code, as added by subsection (a).
“(2) The term ‘military technician (dual status)’ has the meaning given the term in section 10216(a) of such title.”
