
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: 10USC10217]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                 PART I--ORGANIZATION AND ADMINISTRATION
 
           CHAPTER 1007--ADMINISTRATION OF RESERVE COMPONENTS
 
Sec. 10217. Non-dual status technicians

    (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; or
        (2) is employed under section 709 of title 32 in a position 
    designated under subsection (c) of that section and when hired was 
    not required to maintain membership in the Selected Reserve.

    (b) Employment Authorities.--The authorities referred to in 
subsection (a) are the following:
        (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 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) Effective October 1, 2007, 
the total number of non-dual status technicians employed by the Army 
Reserve and Air Force Reserve may not exceed 175. If at any time after 
the preceding sentence takes effect 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) Effective October 1, 2002, the total number of non-dual status 
technicians employed by the National Guard may not exceed 1,950. If at 
any time after the preceding sentence takes effect 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.

(Added Pub. L. 105-85, div. A, title V, Sec. 523(a)(1), Nov. 18, 1997, 
111 Stat. 1736; amended Pub. L. 106-65, div. A, title V, Sec. 523, Oct. 
5, 1999, 113 Stat. 598; Pub. L. 106-398, Sec. 1 [[div. A], title IV, 
Sec. 414(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-94.)

                       References in Text

    Section 8016 of the Department of Defense Appropriations Act, 1996 
(Public Law 104-61; 109 Stat. 654), referred to in subsec. (b)(4), was 
set out as a note under section 10101 of this title prior to repeal by 
Pub. L. 105-85, div. A, title V, Sec. 522(e), Nov. 18, 1997, 111 Stat. 
1735.


                               Amendments

    2000--Subsec. (c)(2). Pub. L. 106-398 substituted ``October 1, 
2002'' for ``October 1, 2001''.
    1999--Pub. L. 106-65, Sec. 523(b), struck out ``military'' after 
``status'' in section catchline.
    Subsec. (a). Pub. L. 106-65, Sec. 523(a)(1)(A), struck out 
``military'' after ``non-dual status'' in introductory provisions.
    Subsec. (a)(1), (2). Pub. L. 106-65, Sec. 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). Pub. L. 106-65, Sec. 523(a)(2), added subsec. (c).


                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title V, Sec. 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, see Cong. Rec., vol. 145, p. H8464, 
Daily Issue, Ex. Comm. 4276, Sept. 21, 1999] 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)

    Section 523(d), (e) of Pub. L. 105-85 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.''

                  Section Referred to in Other Sections

    This section is referred to in title 32 section 709.
