§ 10217. Non-dual status technicians

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(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;

(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; or

(3)is hired as a temporary employee pursuant to the exception for temporary employment provided by subsection

(d)and subject to the terms and conditions of such subsection.

(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)The total number of non-dual status technicians employed by the Army Reserve may not exceed 595 and by the Air Force Reserve may not exceed 90. If at any time 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)The total number of non-dual status technicians employed by the National Guard may not exceed 1,950. If at any time 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.

(3)An individual employed as a non-dual status technician as described in subsection (a)(3) shall not be considered a non-dual status technician for purposes of paragraphs

(1)and (2).

(d)Exception for Temporary Employment.—

(1)Notwithstanding section 10218 of this title, the Secretary of the Army or the Secretary of the Air Force may employ, for a period not to exceed two years, a person to fill a vacancy created by the mobilization of a military technician (dual status) occupying a position under section 10216 of this title.

(2)The duration of the temporary employment of a person in a military technician position under this subsection may not exceed the shorter of the following:

(A)The period of mobilization of the military technician (dual status) whose vacancy is being filled by the temporary employee.

(B)Two years.

(3)No person may be hired under the authority of this subsection after January 6, 2013.

(e)Conversion of Positions.—

(1)No individual may be newly hired or employed, or rehired or reemployed, as a non-dual status technician for purposes of this section after September 30, 2017.

(2)By not later than October 1, 2017, the Secretary of Defense shall convert all non-dual status technicians to positions filled by individuals who are employed under section 3101 of title 5 or section 1601 of this title and are not military technicians.

(3)In the case of a position converted under paragraph

(2)for which there is an incumbent employee on October 1, 2017, the Secretary shall fill that position, as converted, with the incumbent employee without regard to any requirement concerning competition or competitive hiring procedures.

(4)Any individual newly hired or employed, or rehired or employed, to a position required to be filled by reason of paragraph

(1)shall be an individual employed in such position under section 3101 of title 5 or section 1601 of this title.

(Added Pub. L. 105–85, div. A, title V, § 523(a)(1), Nov. 18, 1997, 111 Stat. 1736; amended Pub. L. 106–65, div. A, title V, § 523, Oct. 5, 1999, 113 Stat. 598; Pub. L. 106–398, § 1 [[div. A], title IV, § 414(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–94; Pub. L. 107–314, div. A, title IV, § 414(d), Dec. 2, 2002, 116 Stat. 2527; Pub. L. 108–136, div. A, title IV, § 415, Nov. 24, 2003, 117 Stat. 1453; Pub. L. 111–383, div. A, title V, § 513, title X, § 1075(b)(53), Jan. 7, 2011, 124 Stat. 4210, 4372;

Pub. L. 112–239, div. A, title X, § 1076(e)(7), (f)(45), Jan. 2, 2013, 126 Stat. 1951, 1955; Pub. L. 114–92, div. A, title X, § 1053(b)(1), Nov. 25, 2015, 129 Stat. 981; Pub. L. 114–328, div. A, title X, § 1084(b), Dec. 23, 2016, 130 Stat. 2421; Pub. L. 116–92, div. A, title XVII, § 1731(a)(62), Dec. 20, 2019, 133 Stat. 1816.)

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