Sec. 1053. MANAGEMENT OF MILITARY TECHNICIANS
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## SEC. 1053 MANAGEMENT OF MILITARY TECHNICIANS **[**[10 U.S.C. 10216 note](/us/usc/t10/s10216)**]** ###
(a)Conversion of Certain Military Technician (dual Status) Positions to Civilian Positions ####
(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 positions filled by individuals who are employed under section 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 described in paragraph (2). ####
(2)Covered positions The positions described in this paragraph are military technician (dual status) positions as follows: #####
(A)Military technician (dual status) positions identified as general administration, clerical, finance, 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 technician 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 position 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 competition or competitive hiring procedures. ###
(b)Phased-in Termination of Army Reserve, Air Force Reserve, and National Guard Non-dual Status Technicians ####
(1)In general Section 10217 of title 10, United States Code, is amended by adding at the end the following new subsection: > > ### “(e) Phased-in Termination of Positions > > > ####
(1)> > No individual may be newly hired or employed, or rehired or reemployed, as a non-dual status technician for the purposes of this section after December 31, 2016. > > > #### “(2) > > Commencing January 1, 2017, the maximum number of non-dual status technicians employable by the Army Reserve and by the Air Force Reserve shall be reduced from the number otherwise provided by subsection (c)(1) by one for each individual who retires, is separated from, or otherwise ceases service as a non- dual status technician of the Army Reserve or the Air Force Reserve, as the case may be, after such date until the maximum number of non-dual status technicians employable by the Army Reserve or the Air Force Reserve, as the case may be, is zero. > > > #### “(3) > > Commencing January 1, 2017, the maximum number of non-dual status technicians employable by the National Guard shall be reduced from the number otherwise provided by subsection (c)(2) by one for each individual who retires, is separated from, or otherwise ceases service as a non-dual status technician of the National Guard after such date until the maximum number of non-dual status technicians employable by the National Guard is zero. > > > #### “(4) > > Any individual newly hired or employed, or rehired or employed, to a position required to be filled by reason of the amendment made by paragraph
(1)shall be an individual employed in such position under section 3101 of title 5, and may not be a military technician. > > > #### “(5) > > Nothing in this subsection shall be construed to terminate the status as a non-dual status technician under this section after December 31, 2016, of any individual who is a non-dual status technician for the purposes of this section on that date.” > . ####
(2)Report on phased-in terminations Not later than February 1, 2016, the Secretary of Defense shall submit to Congress a report setting forth a plan for implementing the amendment made by paragraph (1).
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Sec. 1053
MANAGEMENT OF MILITARY TECHNICIANS
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