
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3329]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 3329. Appointments of military reserve technicians to 
        positions in the competitive service
        
    (a) For the purpose of this section, the term ``military reserve 
technician'' has the meaning given the term ``military technician (dual 
status)'' by section 8401(30).
    (b) The Secretary of Defense shall take such steps as may be 
necessary to ensure that, except as provided in subsection (d), any 
military reserve technician who is involuntarily separated from 
technician service, after completing at least 15 years of such service 
and 20 years of service creditable under section 12732 of title 10, by 
reason of ceasing to satisfy the condition described in section 
8401(30)(B) \1\ shall, if appropriate written application is submitted 
within 1 year after the date of separation, be provided placement 
consideration in a position described in subsection (c) through a 
priority placement program of the Department of Defense.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
    (c)(1) The position for which placement consideration shall be 
provided to a former military technician under subsection (b) shall be a 
position--
        (A) in either the competitive service or the excepted service;
        (B) within the Department of Defense; and
        (C) in which the person is qualified to serve, taking into 
    consideration whether the employee in that position is required to 
    be a member of a reserve component of the armed forces as a 
    condition of employment.

    (2) To the maximum extent practicable, the position shall also be in 
a pay grade or other pay classification sufficient to ensure that the 
rate of basic pay of the former military technician, upon appointment to 
the position, is not less than the rate of basic pay last received by 
the former military technician for technician service before separation.
    (d) This section shall not apply in the case of--
        (1) an involuntary separation for cause on charges of misconduct 
    or delinquency; or
        (2) a technician who, as of the date of application under this 
    section, is eligible for immediate (including for disability) or 
    early retirement under subchapter III of chapter 83 or under chapter 
    84.

    (e) The Secretary of Defense shall, in consultation with the 
Director of the Office of Personnel Management, prescribe such 
regulations as may be necessary to carry out this section.

(Added Pub. L. 102-484, div. A, title V, Sec. 544(a), Oct. 23, 1992, 106 
Stat. 2415; amended Pub. L. 104-106, div. A, title X, Sec. 1037(a), Feb. 
10, 1996, 110 Stat. 431; Pub. L. 105-85, div. A, title XI, Sec. 1103, 
Nov. 18, 1997, 111 Stat. 1923; Pub. L. 106-398, Sec. 1 [[div. A], title 
X, Sec. 1087(f)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-293.)

                       References in Text

    Section 8401(30) of this title, referred to in subsecs. (a) and (b), 
was amended generally by Pub. L. 106-65, div. A, title V, 
Sec. 522(c)(2), Oct. 5, 1999, 113 Stat. 597, and, as so amended, no 
longer contains a subpar. (B).

                          Codification

    Another section 3329 was renumbered section 3330 of this title.


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(f)(1)(A)], substituted ``the term `military technician (dual 
status)' '' for ``such term''.
    Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(f)(1)(B)], substituted ``section 12732 of title 10'' for 
``section 1332 of title 10''.
    1997--Subsec. (b). Pub. L. 105-85 struck out ``a position described 
in subsection (c) not later than 6 months after the date of the 
application'' after ``program of the Department of Defense''.
    1996--Subsec. (b). Pub. L. 104-106, Sec. 1037(a)(1), substituted 
``be provided placement consideration in a position described in 
subsection (c) through a priority placement program of the Department of 
Defense'' for ``be offered''.
    Subsec. (c). Pub. L. 104-106, Sec. 1037(a)(2), added subsec. (c) and 
struck out former subsec. (c) which read as follows: ``The position to 
be offered shall be a position--
        ``(1) in the competitive service;
        ``(2) within the Department of Defense;
        ``(3) for which the individual is qualified; and
        ``(4) the rate of basic pay for which is not less than the rate 
    last received for technician service before separation.''
