Sec. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS)

624 words·~3 min read·/statute-compilations/comps-15772/sec-413

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 413 END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS) ###

(a)In General The minimum number of military technicians (dual status) as of the last day of fiscal year 2020 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: ####

(1)For the Army National Guard of the United States, 22,294. ####

(2)For the Army Reserve, 6,492. ####

(3)For the Air National Guard of the United States, 13,569. ####

(4)For the Air Force Reserve, 8,938. ###

(b)Limitation Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position. ###

(c)Adjustment of Authorized Strength ####

(1)In general If, at the end of fiscal year 2019, the Air National Guard of the United States does not meet its full-time support realignment goals for such fiscal year (as presented in the justification materials of the Department of Defense in support of the budget of the President for such fiscal year under section 1105 of title 31, United States Code), the authorized number of military technicians (dual status) of the Air National Guard of the United States under subsection (a)(3) shall be increased by the number equal to the difference between— #####

(A)3,190, which is the number of military technicians (dual status) positions in the Air National Guard of the United States sought to be converted to the Active, Guard, and Reserve program of the Air National Guard during fiscal year 2019; and #####

(B)the number of realigned positions achieved in the Air National Guard by the end of fiscal year 2019. ####

(2)Limitation The increase under paragraph

(1)in the authorized number of military technician (dual status) positions described in that paragraph may not exceed 2,292. ####

(3)Decrease in authorized number of angus reserves on active duty in support of the reserves In the event of an adjustment to the authorized number military technicians (dual status) of the Air National Guard of the United States under this subsection, the number of members of the Air National Guard of the United States authorized by section 412(5) to be on active duty as of September 30, 2020, shall be decreased by the number equal to the number of such adjustment. ###

(d)Certification Not later than January 1, 2020, the Chief of the National Guard Bureau shall certify to the Committees on Armed Services of the Senate and House of Representatives the number of positions realigned from a military technician (dual status) position to a position in the Active, Guard, and Reserve program of a reserve component in fiscal year 2019. ###

(e)Definitions In subsections (b), (c), and (d): ####

(1)The term “realigned position” means any military technician (dual status) position which has been converted or realigned to a position in an Active, Guard, and Reserve program of a reserve component under the full time support rebalancing plan of the Armed Force concerned, regardless of whether such position is encumbered. ####

(2)The term “Active, Guard, and Reserve program”, in the case of a reserve component, means the program of the reserve component under which Reserves serve on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training such reserve component.