
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC10216]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                 PART I--ORGANIZATION AND ADMINISTRATION
 
           CHAPTER 1007--ADMINISTRATION OF RESERVE COMPONENTS
 
Sec. 10216. Military technicians (dual status)

    (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 or section 709(b) 
    of title 32;
        (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 
    administration and 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.
    (b) Priority for Management of Military Technicians (Dual Status).--
(1) As a basis for making the annual request to Congress pursuant to 
section 115(g) of this title 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(g) of this title, 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(g) 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 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.
    (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.

(Added Pub. L. 104-106, div. A, title V, Sec. 513(c)(1), Feb. 10, 1996, 
110 Stat. 306; amended Pub. L. 104-201, div. A, title IV, Sec. 413(b), 
(c), title XII, Sec. 1214, Sept. 23, 1996, 110 Stat. 2507, 2508, 2695; 
Pub. L. 105-85, div. A, title V, Sec. 522(a), (b), (f)-(h)(1), Nov. 18, 
1997, 111 Stat. 1734-1736; Pub. L. 106-65, div. A, title V, Sec. 521, 
Oct. 5, 1999, 113 Stat. 595.)


                               Amendments

    1999--Subsec. (a)(1)(A). Pub. L. 106-65, Sec. 521(a)(1), substituted 
``section 709(b)'' for ``section 709''.
    Subsec. (a)(1)(C). Pub. L. 106-65, Sec. 521(a)(2), inserted 
``civilian'' after ``is assigned to a''.
    Subsec. (e)(1). Pub. L. 106-65, Sec. 521(b)(1), inserted ``(dual 
status)'' after ``military technician'' the second place it appeared.
    Subsec. (e)(2). Pub. L. 106-65, Sec. 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, Sec. 522(h), inserted ``(dual status)'' after 
``military technicians'' in section catchline.
    Subsec. (a). Pub. L. 105-85, Sec. 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 (b)(3) from any general or 
regulatory requirement for adjustments in Department of Defense civilian 
personnel.''
    Subsec. (b). Pub. L. 105-85, Sec. 522(g)(1), inserted ``(dual 
status)'' after ``military technicians'' in heading.
    Subsec. (b)(1). Pub. L. 105-85, Sec. 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. (b)(1)(C). Pub. L. 105-85, Sec. 522(g)(2)(C), inserted 
``(dual status)'' after ``military technicians''.
    Subsec. (b)(2). Pub. L. 105-85, Sec. 522(g)(3), inserted ``(dual 
status)'' after ``military technicians'' in two places.
    Subsec. (b)(3). Pub. L. 105-85, Sec. 522(g)(4), inserted ``(dual 
status)'' after ``Military technician''.
    Subsec. (c). Pub. L. 105-85, Sec. 522(g)(5)(A), inserted ``(dual 
status)'' after ``military technicians'' in introductory provisions.
    Subsec. (c)(1)(A) to (D). Pub. L. 105-85, Sec. 522(f), (g)(5)(B), 
substituted ``subsection (b)(1)'' for ``subsection (a)(1)'' and 
``military technicians (dual status)'' for ``dual-status technicians''.
    Subsec. (c)(2)(A). Pub. L. 105-85, Sec. 522(g)(5)(C), inserted 
``(dual status)'' after ``military technician''.
    Subsec. (c)(2)(B). Pub. L. 105-85, Sec. 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). Pub. L. 105-85, Sec. 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 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). Pub. L. 104-201, Sec. 1214(2), added subsec. (a). 
Former subsec. (a) redesignated (b).
    Subsec. (a)(1). Pub. L. 104-201, Sec. 413(c)(1), substituted 
``section 115(g)'' for ``section 115'' in introductory provisions.
    Subsec. (b). Pub. L. 104-201, Sec. 1214(1), (3), redesignated 
subsec. (a) as (b) and struck out ``in high-priority units and 
organizations specified in paragraph (1)'' after ``authorizations and 
personnel'' in par. (3). Former subsec. (b) redesignated (c).
    Pub. L. 104-201, Sec. 413(b)(2), added subsec. (b). Former subsec. 
(b) redesignated (c).
    Subsec. (c). Pub. L. 104-201, Sec. 1214(1), redesignated subsec. (b) 
as (c). Former subsec. (c) redesignated (d).
    Pub. L. 104-201, Sec. 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, Sec. 1214(1), redesignated subsec. (c) 
as (d).

                  Section Referred to in Other Sections

    This section is referred to in sections 115a, 10217 of this title; 
title 5 sections 8337, 8401; title 32 section 709; title 37 section 
1002.
