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10 U.S.C. § 10216 — Military technicians (dual status)
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
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Stable record: federal_law:legal_authorities:record_usc_ab10fa75942525836267508b
Source file: Laws/federal/codes/united-states-code/title-10/section-10216-military-technicians-dual-status--6864c99600.md
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Source location: Title 10, Chapter 1007, § 10216; chapter-1007-administration-of-reserve-components.md
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**(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 element of the joint forces 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) Priority for Management of Military Technicians (Dual Status).—**
(1) As a basis for making the annual request to Congress pursuant to [section 115(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/d&num=0&edition=prelim) for authorization of end strengths for military technicians (dual status) of the Army and Air Force reserve components, the Secretary of Defense shall give priority to supporting authorizations for military technicians (dual status) in the following high-priority units and organizations:
(A) Units of the Selected Reserve that are scheduled to deploy no later than 90 days after mobilization.
(B) Units of the Selected Reserve that are or will deploy to relieve active duty peacetime operations tempo.
(C) Those organizations with the primary mission of providing direct support surface and aviation maintenance for the reserve components of the Army and Air Force, to the extent that the military technicians (dual status) in such units would mobilize and deploy in a skill that is compatible with their civilian position skill.
(2) For each fiscal year, the Secretary of Defense shall, for the high-priority units and organizations referred to in paragraph (1), seek to achieve a programmed manning level for military technicians (dual status) that is not less than 90 percent of the programmed manpower structure for those units and organizations for military technicians (dual status) for that fiscal year.
(3) Military technician (dual status) authorizations and personnel shall be exempt from any requirement (imposed by law or otherwise) for reductions in Department of Defense civilian personnel and shall only be reduced as part of military force structure reductions.
**(c) Information Required To Be Submitted With Annual End Strength Authorization Request.—**
(1) The Secretary of Defense shall include as part of the budget justification documents submitted to Congress with the budget of the Department of Defense for any fiscal year the following information with respect to the end strengths for military technicians (dual status) requested in that budget pursuant to [section 115(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/d&num=0&edition=prelim), shown separately for each of the Army and Air Force reserve components:
(A) The number of military technicians (dual status) in the high priority units and organizations specified in subsection (b)(1).
(B) The number of technicians other than military technicians (dual status) in the high priority units and organizations specified in subsection (b)(1).
(C) The number of military technicians (dual status) in other than high priority units and organizations specified in subsection (b)(1).
(D) The number of technicians other than military technicians (dual status) in other than high priority units and organizations specified in subsection (b)(1).
(2)
(A) If the budget submitted to Congress for any fiscal year requests authorization for that fiscal year under [section 115(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/d&num=0&edition=prelim) of a military technician (dual status) end strength for a reserve component of the Army or Air Force in a number that constitutes a reduction from the end strength minimum established by law for that reserve component for the fiscal year during which the budget is submitted, the Secretary of Defense shall submit to the congressional defense committees with that budget a justification providing the basis for that requested reduction in technician end strength.
(B) Any justification submitted under subparagraph (A) shall clearly delineate the specific force structure reductions forming the basis for such requested technician reduction (and the numbers related to those reductions).
**(d) Unit Membership Requirement.—**
(1) Unless specifically exempted by law, each individual who is hired as a military technician (dual status) after December 1, 1995, shall be required as a condition of that employment to maintain membership in—
(A) the unit of the Selected Reserve by which the individual is employed as a military technician; or
(B) a unit of the Selected Reserve that the individual is employed as a military technician to support.
(2) Paragraph (1) does not apply to a military technician (dual status) who is employed by the Army Reserve in an area other than Army Reserve troop program units.
(3) Paragraph (1) does not apply to a military technician (dual status) who is employed by the Air Force Reserve in an area other than the Air Force Reserve unit program, except that not more than 50 of such technicians may be assigned outside of the unit program at the same time.
**(e) Dual Status Requirement.—**
(1) Funds appropriated for the Department of Defense may not (except as provided in paragraph (2)) be used for compensation as a military technician of any individual hired as a military technician (dual status) after February 10, 1996, who is no longer a member of the Selected Reserve.
(2) Except as otherwise provided by law, the Secretary concerned may pay compensation described in paragraph (1) to an individual described in that paragraph who is no longer a member of the Selected Reserve for a period up to 12 months following the individual’s loss of membership in the Selected Reserve if the Secretary determines that such loss of membership was not due to the failure of that individual to meet military standards.
**(f) Authority for Deferral of Mandatory Separation.—** The Secretary of the Army and the Secretary of the Air Force may each implement personnel policies so as to allow, at the discretion of the Secretary concerned, a military technician (dual status) who continues to meet the requirements of this section for dual status to continue to serve beyond a mandatory removal date, and any applicable maximum years of service limitation, until the military technician (dual status) reaches age 62 and attains eligibility for an unreduced annuity (as defined in [section 10218(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10218/c&num=0&edition=prelim)).
**(g) Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability.—**
(1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of [section 10218 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10218&num=0&edition=prelim), if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in [section 1413a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1413a&num=0&edition=prelim)), the person may be retained as a non-dual status technician so long as—
(A) the combat-related disability does not prevent the person from performing the non-dual status functions or position; and
(B) the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons.
(2) A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age.
(3) Persons retained under the authority of this subsection do not count against the limitations of [section 10217(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10217/c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Defense is an executive department of the United States.
**(b)** The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
**(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 111
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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) Authority.—** The Secretary concerned shall pay to each eligible combat-related disabled uniformed services retiree who elects benefits under this section a monthly amount for the combat-related disability of the retiree determined under subsection (b).
**(b) Amount.—**
(1) **Determination of monthly amount.—** — Subject to paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability.
(2) **Maximum amount.—** — The amount paid to an eligible combat-related disabled uniformed services retiree for any month under paragraph (1) may not exceed the amount of the reduction in retired pay that is applicable to the retiree for that month under sections 5304 and 5305 of title 38.
(3) **Special rules for chapter 61 disability retirees.—**
(A) *General rule.—* — In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
(B) *Special rule for retirees with fewer than 20 years of service.—* — In the case of an eligible combat-related disabled unifor
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1413a
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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
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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10217
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the authorized strength of a reserve component (other than the Coast Guard Reserve) is not prescribed by law, it shall be prescribed by the President.
**(b)** Subject to the authorized strength of the reserve component concerned, the authorized strength of each reserve component (other than the Coast Guard Reserve) in members in each grade is that which the Secretary concerned determines to be necessary to provide for mobilization requirements. The Secretary shall review these determinations at least once each year and revise them if he considers it necessary. However, a member of the reserve component concerned may not, as a result of such a determination, be reduced in the member’s reserve grade without the member’s consent.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) One-Year Rule.—** An officer is eligible under this chapter for consideration for promotion by a promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) only if—
(1) the officer is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps; and
(2) during the one-year period ending on the date of the convening of the promotion board the officer has continuously performed service on either the reserve active-status list or the active-duty list (or on a combination of both lists).
**(b) Requirement for Consideration of All Officers In and Above the Zone.—** Whenever a promotion board (other than a vacancy promotion board) is convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) for consideration of officers in a competitive category who are eligible under this chapter for consideration for promotion to the next higher grade, each officer in the promotion zone, and each officer above the promotion zone, for that grade and competitive category shall be considered for promotion.
**(c) Certain Officers Not To Be Considered.—** A promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) may not consider for promotion to the next higher grade any of the following officers:
(1) An officer whose name is on a promotion list for that grade as a result of recommendation for promotion to that grade by an earlier selection board convened under that section or [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A member of a reserve component of a uniformed service, or of the Space Force may, with the consent of the member, be given additional training or other duty as provided by law, without pay, as may be authorized by the Secretary concerned.
**(b)**
(1) A member who performs training or other duty without pay under subsection (a) may, in the discretion of the Secretary concerned, be authorized the travel and transportation allowances prescribed by [section 452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) for travel performed to and from that training or duty, and, during the performance of that training or duty, be furnished with subsistence and quarters in kind or commutation thereof at a rate to be fixed by the Secretary concerned.
(2) If a military technician (dual status), as described in [section 10216 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216&num=0&edition=prelim), is performing active duty without pay while on leave from technician employment, as authorized by [section 6323(d) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6323/d&num=0&edition=prelim), the Secretary concerned may authorize the payment of a per diem allowance to the military technician in lieu of commutation for subsistence and quarters under paragraph (1).
**(c)** This section does not authorize compensation for work or study performed by a member of a reserve component or the Space Force in connection with correspondence courses of an armed force.
**(d)** This section does not apply to a member who is entitled to basic pay under chapter 3 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 1002
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee who completes 5 years of civilian service and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency. Any employee shall be considered to be disabled only if the employee is found by the Office of Personnel Management to be unable, because of disease or injury, to render useful and efficient service in the employee’s position and is not qualified for reassignment, under procedures prescribed by the Office, to a vacant position which is in the agency at the same grade or level and in which the employee would be able to render useful and efficient service. For the purpose of the preceding sentence, an employee of the United States Postal Service shall be considered not qualified for a reassignment described in that sentence if the reassignment is to a position in a different craft or is inconsistent with the terms of a collective bargaining agreement covering the employee. A judge of the United States Court of Appeals for the Armed Forces who completes 5 years of civilian service and who is found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed for mental or physical disability under [section 942(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section942/c&num=0&edition=prelim) shall be retired on the judge’s own application or upon such removal. A Member who completes 5 years of Member service and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member’s own application. An annuity authorized by this section is computed under [section 8339(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8337
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