10 U.S.C. § 10216 — Military technicians (dual status)

Page 3607 TITLE 10—ARMED FORCES § 10216 training under section 12301(d) of this title; and (B) with the approval of the Secretary of the Army, may order members of the Army Na- tional Guard of the United States to active duty for training under that section. (b) Officers of the Army National Guard of the United States or the Air National Guard of the United States who are not on active duty— (1) may enlist, reenlist, or extend the enlist- ments of persons as Reserves of the Army or Reserves of the Air Force for service in the Army National Guard of the United States or the Air National Guard of the United States, as the case may be; and (2) with respect to their Federal status, may promote or discharge persons enlisted or reen- listed as Reserves of the Army or Reserves of the Air Force for that service. (c) This section shall be carried out under reg- ulations prescribed by the Secretary of the Army, with respect to matters concerning the Army, and by the Secretary of the Air Force, with respect to matters concerning the Air Force. (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(1), Oct. 5, 1994, 108 Stat. 2979.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3080 and 8080 of this title, prior to re- peal by Pub. L. 103–337, § 1661(a)(3)(A). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 10216. Military technicians (dual status) (a) IN GENERAL.—(1) For purposes of this sec- tion and any other provision of law, a military technician (dual status) is a Federal civilian em- ployee who— (A) is employed under section 3101 of title 5 or section 709(b) of title 32; (B) is required as a condition of that employ- ment 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 Re- serve or in the maintenance and repair of sup- plies or equipment issued to the Selected Re- serve or the armed forces. (2) Military technicians (dual status) shall be authorized and accounted for as a separate cat- egory of civilian employees. (3) A military technician (dual status) who is employed under section 3101 of title 5 may per- form the following additional duties to the ex- tent that the performance of those duties does not interfere with the performance of the pri- mary duties described in paragraph (1): (A) Supporting operations or missions as- signed in whole or in part to the technician’s unit. (B) Supporting operations or missions per- formed 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 compo- nent 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 per- sonnel; or (iv) Department of Defense civilian em- ployees. (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 for authorization of end strengths for military technicians (dual sta- tus) of the Army and Air Force reserve compo- nents, the Secretary of Defense shall give pri- ority 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 com- ponents of the Army and Air Force, to the ex- tent that the military technicians (dual sta- tus) 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 De- fense shall, for the high-priority units and orga- nizations referred to in paragraph (1), seek to achieve a programmed manning level for mili- tary 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) authoriza- tions and personnel shall be exempt from any re- quirement (imposed by law or otherwise) for re- ductions in Department of Defense civilian per- sonnel and shall only be reduced as part of mili- tary force structure reductions. (c) INFORMATION REQUIRED TO BE SUBMITTED WITH ANNUAL END STRENGTH AUTHORIZATION RE- QUEST.—(1) The Secretary of Defense shall in- clude as part of the budget justification docu- ments submitted to Congress with the budget of the Department of Defense for any fiscal year Page 3608 TITLE 10—ARMED FORCES § 10216 1 So in original. the following information with respect to the end strengths for military technicians (dual sta- tus) requested in that budget pursuant to sec- tion 115(d) of this title, shown separately for each of the Army and Air Force reserve compo- nents: (A) The number of military technicians (dual status) in the high priority units and or- ganizations 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 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 con- gressional defense committees with that budget a justification providing the basis for that re- quested reduction in technician end strength. (B) Any justification submitted under sub- paragraph (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) Un- less specifically exempted by law, each indi- vidual who is hired as a military technician (dual status) after December 1, 1995, shall be re- quired 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 techni- cian 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 Re- serve 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 as- signed outside of the unit program at the same time. (e) DUAL STATUS REQUIREMENT.—(1) Funds ap- propriated 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 de- scribed in paragraph (1) to an individual de- scribed 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 Sec- retary 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 imple- ment personnel policies so as to allow, at the discretion of the Secretary concerned, a mili- tary 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 62.1 and at- tains eligibility for an unreduced annuity (as de- fined in section 10218(c) of this title). (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, if a military techni- cian (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), 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 tech- nician, 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 limita- tions of section 10217(c) of this title. (Added Pub. L. 104–106, div. A, title V, § 513(c)(1), Feb. 10, 1996, 110 Stat. 306; amended Pub. L. 104–201, div. A, title IV, § 413(b), (c), title XII, § 1214, Sept. 23, 1996, 110 Stat. 2507, 2508, 2695; Pub. L. 105–85, div. A, title V, § 522(a), (b), (f)–(h)(1), Nov. 18, 1997, 111 Stat. 1734–1736; Pub. L. 106–65, div. A, title V, § 521, Oct. 5, 1999, 113 Stat. 595; Pub. L. 108–136, div. A, title IV, § 403(c), Nov. 24, 2003, 117 Stat. 1452; Pub. L. 109–163, div. A, title V, § 513(a), Jan. 6, 2006, 119 Stat. 3232; Pub. L. 109–364, div. A, title V, § 525(b), Oct. 17, 2006, 120 Stat. 2194; Pub. L. 110–181, div. A, title V, § 511, Jan. 28, 2008, 122 Stat. 98; Pub. L. 110–417, [div. A], title V, § 511, Oct. 14, 2008, 122 Stat. 4439; Pub. L. 111–383, div. A, title V, § 512, title X, § 1075(b)(52), Jan. 7, 2011, 124 Stat. 4210, 4372; Pub. L. 112–81, div. A, title V, § 514(a), Dec. 31, 2011, 125 Stat. 1394; Pub. L. 118–159, div. A, title V, § 511(a), Dec. 23, 2024, 138 Stat. 1875.) Editorial Notes AMENDMENTS 2024—Subsec. (f). Pub. L. 118–159 substituted ‘‘62.’’ for ‘‘60’’. Page 3609 TITLE 10—ARMED FORCES § 10216 2011—Subsecs. (b)(1), (c)(1), (2)(A). Pub. L. 111–383, § 1075(b)(52), substituted ‘‘section 115(d)’’ for ‘‘section 115(c)’’. Subsec. (d)(3). Pub. L. 111–383, § 512, added par. (3). Subsec. (f). Pub. L. 112–81 inserted ‘‘Authority for’’ before ‘‘Deferral of Mandatory Separation’’ in heading, 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). Pub. L. 110–417 inserted ‘‘and the Secretary of the Air Force’’ after ‘‘Secretary of the Army’’. Subsec. (g). Pub. L. 110–181 added subsec. (g). 2006—Subsec. (a)(1)(C). Pub. L. 109–364, § 525(b)(1), sub- stituted ‘‘organizing, administering, instructing, or’’ for ‘‘administration and’’. Subsec. (a)(3). Pub. L. 109–364, § 525(b)(2), added par. (3). Subsec. (f). Pub. L. 109–163 added subsec. (f). 2003—Subsecs. (b)(1), (c)(1), (2)(A). Pub. L. 108–136 sub- stituted ‘‘section 115(c)’’ for ‘‘115(g)’’. 1999—Subsec. (a)(1)(A). Pub. L. 106–65, § 521(a)(1), sub- stituted ‘‘section 709(b)’’ for ‘‘section 709’’. Subsec. (a)(1)(C). Pub. L. 106–65, § 521(a)(2), inserted ‘‘civilian’’ after ‘‘is assigned to a’’. Subsec. (e)(1). Pub. L. 106–65, § 521(b)(1), inserted ‘‘(dual status)’’ after ‘‘military technician’’ the second place it appeared. Subsec. (e)(2). Pub. L. 106–65, § 521(b)(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—Pub. L. 105–85, § 522(h), inserted ‘‘(dual status)’’ after ‘‘military technicians’’ in section catchline. Subsec. (a). Pub. 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 ci- vilian employment. Such employees shall be authorized and accounted for as a separate category of dual-status civilian employees, exempt as specified in subsection (b)(3) from any general or regulatory requirement for adjustments in Department of Defense civilian per- sonnel.’’ Subsec. (b). Pub. L. 105–85, § 522(g)(1), inserted ‘‘(DUAL STATUS)’’ after ‘‘MILITARY TECHNICIANS’’ in heading. Subsec. (b)(1). Pub. L. 105–85, § 522(g)(2)(A), (B), in in- troductory provisions, inserted ‘‘(dual status)’’ after ‘‘for military technicians’’ and substituted ‘‘military technicians (dual status)’’ for ‘‘dual status military technicians’’. Subsec. (b)(1)(C). Pub. L. 105–85, § 522(g)(2)(C), inserted ‘‘(dual status)’’ after ‘‘military technicians’’. Subsec. (b)(2). Pub. L. 105–85, § 522(g)(3), inserted ‘‘(dual status)’’ after ‘‘military technicians’’ in two places. Subsec. (b)(3). Pub. L. 105–85, § 522(g)(4), inserted ‘‘(dual status)’’ after ‘‘Military technician’’. Subsec. (c). Pub. L. 105–85, § 522(g)(5)(A), inserted ‘‘(dual status)’’ after ‘‘military technicians’’ in intro- ductory provisions. Subsec. (c)(1)(A) to (D). Pub. L. 105–85, § 522(f), (g)(5)(B), substituted ‘‘subsection (b)(1)’’ for ‘‘sub- section (a)(1)’’ and ‘‘military technicians (dual status)’’ for ‘‘dual-status technicians’’. Subsec. (c)(2)(A). Pub. L. 105–85, § 522(g)(5)(C), inserted ‘‘(dual status)’’ after ‘‘military technician’’. Subsec. (c)(2)(B). Pub. L. 105–85, § 522(g)(5)(D), sub- stituted ‘‘delineate the specific force structure reduc- tions’’ for ‘‘delineate— ‘‘(i) in the case of a reduction that includes a reduc- tion in technicians described in subparagraph (A) or (C) of paragraph (1), the specific force structure re- ductions forming the basis for such requested techni- cian reduction (and the numbers related to those force structure reductions); and ‘‘(ii) in the case of a reduction that includes reduc- tions in technicians described in subparagraphs (B) or (D) of paragraph (1), the specific force structure re- ductions, Department of Defense civilian personnel reductions, or other reasons’’. Subsecs. (d), (e). Pub. L. 105–85, § 522(b), 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 condi- tion 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 posi- tion skill requirements of dual-status military techni- cians be compatible. No Department of Defense funds may be spent for compensation for any military techni- cian 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 member- ship in the Selected Reserve if such loss of membership was not due to the failure to meet military standards.’’ 1996—Subsec. (a). Pub. L. 104–201, § 1214(2), added sub- sec. (a). Former subsec. (a) redesignated (b). Subsec. (a)(1). Pub. L. 104–201, § 413(c)(1), substituted ‘‘section 115(g)’’ for ‘‘section 115’’ in introductory provi- sions. Subsec. (b). Pub. L. 104–201, § 1214(1), (3), redesignated subsec. (a) as (b) and struck out ‘‘in high-priority units and organizations specified in paragraph (1)’’ after ‘‘au- thorizations and personnel’’ in par. (3). Former subsec. (b) redesignated (c). Pub. L. 104–201, § 413(b)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 104–201, § 1214(1), redesignated sub- sec. (b) as (c). Former subsec. (c) redesignated (d). Pub. L. 104–201, § 413(b)(1), (c)(2), redesignated subsec. (b) as (c) and substituted ‘‘after February 10, 1996,’’ for ‘‘after the date of the enactment of this section’’ in two places. Subsec. (d). Pub. L. 104–201, § 1214(1), redesignated sub- sec. (c) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–163, div. A, title V, § 513(b), 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 an- nual report to Congress, see section 1061 of Pub. 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 Pub. L. 114–92, div. A, title X, § 1053(a), Nov. 25, 2015, 129 Stat. 981, as amended by Pub. L. 114–328, div. A, title X, § 1084(a), Dec. 23, 2016, 130 Stat. 2421; Pub. L. 115–91, div. A, title X, § 1083, Dec. 12, 2017, 131 Stat. 1602, pro- vided 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 posi- tions filled by individuals who are employed under sec- tion 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 de- scribed in paragraph (2). ‘‘(2) COVERED POSITIONS.—The positions described in this paragraph are military technician (dual status) po- sitions as follows: 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 subsection (a) are the fol- lowing: (1) Section 10216 of this title. (2) Section 709 of title 32. (3) The requirements referred to in section 8401 of title 5. (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 Depart- ment 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 hir- ing 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 Sec- retary 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 com- ply with such limitation. (2) The total number of non-dual status tech- nicians 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 Sec- retary 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 com- ply with such limitation. (3) An individual employed as a non-dual sta- tus technician as described in subsection (a)(3) shall not be considered a non-dual status techni- cian for purposes of paragraphs (1) and (2). (d) EXCEPTION FOR TEMPORARY EMPLOYMENT.— (1) Notwithstanding section 10218 of this title, 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 cre- ated by the mobilization of a military techni- cian (dual status) occupying a position under section 10216 of this title. (2) The duration of the temporary employment of a person in a military technician position under this subsection may not exceed the short- er of the following: (A) The period of mobilization of the mili- tary technician (dual status) whose vacancy is being filled by the temporary employee. (B) Two years. (3) No person may be hired under the author- ity of this subsection after January 6, 2013. (e) CONVERSION OF POSITIONS.—(1) No indi- vidual may be newly hired or employed, or re- hired or reemployed, as a non-dual status tech- nician for purposes of this section after Sep- tember 30, 2017. (2) By not later than October 1, 2017, the Sec- retary of Defense shall convert all non-dual sta- tus technicians to positions filled by individuals who are employed under section 3101 of title 5 or section 1601 of this title 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 incum- bent employee without regard to any require- ment 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 indi- vidual employed in such position under section 3101 of title 5 or section 1601 of this title. (Added Pub. L. 105–85, div. A, title V, § 523(a)(1), Nov. 18, 1997, 111 Stat. 1736; amended Pub. L. 106–65, div. A, title V, § 523, Oct. 5, 1999, 113 Stat. 598; Pub. L. 106–398, § 1 [[div. A], title IV, § 414(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–94; Pub. L. 107–314, div. A, title IV, § 414(d), Dec. 2, 2002, 116 Stat. 2527; Pub. L. 108–136, div. A, title IV, § 415, Nov. 24, 2003, 117 Stat. 1453; Pub. L. 111–383, div. A, title V, § 513, title X, § 1075(b)(53), Jan. 7, 2011, 124 Stat. 4210, 4372; Pub. L. 112–239, div. A, title X, § 1076(e)(7), (f)(45), Jan. 2, 2013, 126 Stat. 1951, 1955; Pub. L. 114–92, div. A, title X, § 1053(b)(1), Nov. 25, 2015, 129 Stat. 981; Pub. L. 114–328, div. A, title X, § 1084(b), Dec. 23, 2016, 130 Stat. 2421; Pub. L. 116–92, div. A, title XVII, § 1731(a)(62), Dec. 20, 2019, 133 Stat. 1816.)