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10 U.S.C. § 10217 — Non-dual status technicians
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** For the purposes of this section and any other provision of law, a non-dual status technician is a civilian employee of the Department of Defense serving in a military technician position who—
(1) was hired as a technician before November 18, 1997, under any of the authorities specified in subsection (b) and as of that date is not a member of the Selected Reserve or after such date has ceased to be a member of the Selected Reserve;
(2) is employed under [section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim) in a position designated under subsection (c) of that section and when hired was not required to maintain membership in the Selected Reserve; or
(3) is hired as a temporary employee pursuant to the exception for temporary employment provided by subsection (d) and subject to the terms and conditions of such subsection.
**(b) Employment Authorities.—** The authorities referred to in subsection (a) are the following:
(1) [Section 10216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216&num=0&edition=prelim).
(2) [Section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim).
(3) The requirements referred to in [section 8401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401&num=0&edition=prelim).
(4) Section 8016 of the Department of Defense Appropriations Act, 1996 (Public Law 104–61; 109 Stat. 654), and any comparable provision of law enacted on an annual basis in the Department of Defense Appropriations Acts for fiscal years 1984 through 1995.
(5) Any memorandum of agreement between the Department of Defense and the
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Source file: Laws/federal/codes/united-states-code/title-10/section-10217-non-dual-status-technicians--2923d0b2dc.md
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Source location: Title 10, Chapter 1007, § 10217; chapter-1007-administration-of-reserve-components.md
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**(a) Definition.—** For the purposes of this section and any other provision of law, a non-dual status technician is a civilian employee of the Department of Defense serving in a military technician position who—
(1) was hired as a technician before November 18, 1997, under any of the authorities specified in subsection (b) and as of that date is not a member of the Selected Reserve or after such date has ceased to be a member of the Selected Reserve;
(2) is employed under [section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim) in a position designated under subsection (c) of that section and when hired was not required to maintain membership in the Selected Reserve; or
(3) is hired as a temporary employee pursuant to the exception for temporary employment provided by subsection (d) and subject to the terms and conditions of such subsection.
**(b) Employment Authorities.—** The authorities referred to in subsection (a) are the following:
(1) [Section 10216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216&num=0&edition=prelim).
(2) [Section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim).
(3) The requirements referred to in [section 8401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401&num=0&edition=prelim).
(4) Section 8016 of the Department of Defense Appropriations Act, 1996 (Public Law 104–61; 109 Stat. 654), and any comparable provision of law enacted on an annual basis in the Department of Defense Appropriations Acts for fiscal years 1984 through 1995.
(5) Any memorandum of agreement between the Department of Defense and the Office of Personnel Management providing for the hiring of military technicians.
**(c) Permanent Limitations on Number.—**
(1) The total number of non-dual status technicians employed by the Army Reserve may not exceed 595 and by the Air Force Reserve may not exceed 90. If at any time the number of non-dual status technicians employed by the Army Reserve and Air Force Reserve exceeds the number specified in the limitation in the preceding sentence, the Secretary of Defense shall require that the Secretary of the Army or the Secretary of the Air Force, or both, take immediate steps to reduce the number of such technicians in order to comply with such limitation.
(2) The total number of non-dual status technicians employed by the National Guard may not exceed 1,950. If at any time the number of non-dual status technicians employed by the National Guard exceeds the number specified in the limitation in the preceding sentence, the Secretary of Defense shall require that the Secretary of the Army or the Secretary of the Air Force, or both, take immediate steps to reduce the number of such technicians in order to comply with such limitation.
(3) An individual employed as a non-dual status technician as described in subsection (a)(3) shall not be considered a non-dual status technician for purposes of paragraphs (1) and (2).
**(d) Exception for Temporary Employment.—**
(1) Notwithstanding [section 10218 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10218&num=0&edition=prelim), the Secretary of the Army or the Secretary of the Air Force may employ, for a period not to exceed two years, a person to fill a vacancy created by the mobilization of a military technician (dual status) occupying a position under [section 10216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216&num=0&edition=prelim).
(2) The duration of the temporary employment of a person in a military technician position under this subsection may not exceed the shorter of the following:
(A) The period of mobilization of the military technician (dual status) whose vacancy is being filled by the temporary employee.
(B) Two years.
(3) No person may be hired under the authority of this subsection after January 6, 2013.
**(e) Conversion of Positions.—**
(1) No individual may be newly hired or employed, or rehired or reemployed, as a non-dual status technician for purposes of this section after September 30, 2017.
(2) By not later than October 1, 2017, the Secretary of Defense shall convert all non-dual status technicians to positions filled by individuals who are employed under [section 3101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3101&num=0&edition=prelim) or [section 1601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1601&num=0&edition=prelim) and are not military technicians.
(3) In the case of a position converted under paragraph (2) for which there is an incumbent employee on October 1, 2017, the Secretary shall fill that position, as converted, with the incumbent employee without regard to any requirement concerning competition or competitive hiring procedures.
(4) Any individual newly hired or employed, or rehired or employed, to a position required to be filled by reason of paragraph (1) shall be an individual employed in such position under [section 3101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3101&num=0&edition=prelim) or [section 1601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1601&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** The Secretary of Defense may—
(1) establish, as positions in the excepted service, such defense intelligence positions in the Department of Defense as the Secretary determines necessary to carry out the intelligence functions of the Department, including—
(A) Intelligence Senior Level positions designated under [section 1607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1607&num=0&edition=prelim); and
(B) positions in the Defense Intelligence Senior Executive Service;
(2) appoint individuals to those positions (after taking into consideration the availability of preference eligibles for appointment to those positions); and
(3) fix the compensation of such individuals for service in those positions.
**(b) Construction With Other Laws.—** The authority of the Secretary of Defense under subsection (a) applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsections (b) and (c), persons may be employed as technicians in—
(1) the organizing, administering, instructing, or training of the National Guard;
(2) the maintenance and repair of supplies issued to the National Guard or the armed forces; and
(3) the performance of the following additional duties to the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2):
(A) Support of operations or missions undertaken by the technician’s unit at the request of the President or the Secretary of Defense.
(B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technician’s unit.
(C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—
(i) active-duty members of the armed forces;
(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);
(iii) Department of Defense contractor personnel; or
(iv) Department of Defense civilian employees.
**(b)** Except as authorized in subsection (c), a person employed under subsection (a) must meet each of the following requirements:
(1) Be a military technician (dual status) as defined in [section 10216(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216/a&num=0&edition=prelim).
(2) Be a member of the National Guard.
(3) Hold the military grade specified by the Secretary concerned for that position.
(4) While performing duties as a militar
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 709
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Federal law — U.S. Code and appendices · legal_authorities
The reserve components of the armed forces are:
(1) The Army National Guard of the United States.
(2) The Army Reserve.
(3) The Navy Reserve.
(4) The Marine Corps Reserve.
(5) The Air National Guard of the United States.
(6) The Air Force Reserve.
(7) The Coast Guard Reserve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) the term “account” means an account established and maintained under [section 8439(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8439/a&num=0&edition=prelim);
(2) the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;
(3) the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;
(4) the term “basic pay” has the meaning given such term by section 8331(3);
(5) the term “Board” means the Federal Retirement Thrift Investment Board established by [section 8472(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8472/a&num=0&edition=prelim);
(6) the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348;
(7) the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(8) the term “Director” means the Director of the Office of Personnel Management;
(9) the term “dynamic assumptions” means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A) investment yields;
(B) increases in rates of basic p
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Separation and Retirement of Military Technicians (Dual Status).—**
(1) An individual employed by the Army Reserve or the Air Force Reserve as a military technician (dual status) who after October 5, 1999, loses dual status is subject to paragraph (2) or (3), as the case may be.
(2) If a technician described in paragraph (1) is eligible at the time dual status is lost for an unreduced annuity and is age 60 or older at that time, the technician shall be separated not later than 30 days after the date on which dual status is lost.
(3)
(A) If a technician described in paragraph (1) is not eligible at the time dual status is lost for an unreduced annuity or is under age 60 at that time, the technician shall be offered the opportunity to—
(i) reapply for, and if qualified may be appointed to, a position as a military technician (dual status); or
(ii) apply for a civil service position that is not a technician position.
(B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician—
(i) shall not be permitted, after October 5, 2000, to apply for any voluntary personnel action; and
(ii) shall be separated or retired—
(I) in the case of a technician first hired as a military technician (dual status) on or before February 10, 1996, not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age; and
(II) in the case of a technician first hired as a military technician (dual status) after February 10, 1996, not later than one year after the date on which dual status is lost.
(4) For purposes of this subsection, a military technician is considered to lose dual status upon—
(A) being separated from the Selected Reser
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10218
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) For purposes of this section and any other provision of law, a military technician (dual status) is a Federal civilian employee who—
(A) is employed under [section 3101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3101&num=0&edition=prelim) or [section 709(b) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/b&num=0&edition=prelim);
(B) is required as a condition of that employment to maintain membership in the Selected Reserve; and
(C) is assigned to a civilian position as a technician in the organizing, administering, instructing, or training of the Selected Reserve or in the maintenance and repair of supplies or equipment issued to the Selected Reserve or the armed forces.
(2) Military technicians (dual status) shall be authorized and accounted for as a separate category of civilian employees.
(3) A military technician (dual status) who is employed under [section 3101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3101&num=0&edition=prelim) may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the primary duties described in paragraph (1):
(A) Supporting operations or missions assigned in whole or in part to the technician’s unit.
(B) Supporting operations or missions performed or to be performed by—
(i) a unit composed of elements from more than one component of the technician’s armed force; or
(ii) a joint forces unit that includes—
(I) one or more units of the technician’s component; or
(II) a member of the technician’s component whose reserve component assignment is in a position in an elemen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10216
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Federal law — U.S. Code and appendices · legal_authorities
Each Executive agency, military department, and the government of the District of Columbia may employ such number of employees of the various classes recognized by chapter 51 of this title as Congress may appropriate for from year to year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
Page 3610
TITLE 10—ARMED FORCES
§ 10217
‘‘(A) Military technician (dual status) positions
identified as general administration, clerical, fi-
nance, 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 tech-
nician 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 po-
sition 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 com-
petition or competitive hiring procedures.’’
§ 10217. Non-dual status technicians
(a) DEFINITION.—For the purposes of this sec-
tion and any other provision of law, a non-dual
status technician is a civilian employee of the
Department of Defense serving in a military
technician position who—
(1) was hired as a technician before Novem-
ber 18, 1997, under any of the authorities speci-
fied in subsection (b) and as of that date is not
a member of the Selected Reserve or after
such date has ceased to be a member of the Se-
lected Reserve;
(2) is employed under section 709 of title 32
in a position designated under subsection (c)
of that section and when hired was not re-
quired to maintain membership in the Se-
lected Reserve; or
(3) is hired as a temporary employee pursu-
ant to the exception for temporary employ-
ment provided by subsection (d) and subject to
the terms and conditions of such subsection.
(b) EMPLOYMENT AUTHORITIES.—The authori-
ties referred to in s
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 10217
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.