§ 10216. Military technicians (dual status)

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title V § 513(c)(1) · 110 Stat. 186

   Enacted · 10 U.S.C. § 10216

   Added Pub. L. 104–106, div. A, title V, § 513(c)(1), Feb. 10, 1996, 110 Stat. 306

   Source evidence

   Code source credit
   Added Pub. L. 104–106, div. A, title V, § 513(c)(1), Feb. 10, 1996, 110 Stat. 306

   Enacted provision · exact public law section
   (1) Chapter 1007 of title 10, United States Code, is amended by adding at the end the following new section: “§ 10216. Military technicians “(a) Priority for Management of Military Technicians.— (1) As a basis for making the annual request to Congress pursuant to section 115 of this title for authorization of end strengths for military technicians of the Army and Air Force reserve components, the Secretary of Defense shall give priority to supporting authorizations for dual status military technicians in the following high-priority units and organizations: “(A) Units of the Selected Reserve that are scheduled to deploy no later than 90 days after mobilization. “(B) Units of the Selected Reserve that are or will deploy to relieve active duty peacetime operations tempo. “(C) Those organizations with the primary mission of providing direct support surface and aviation maintenance for the reserve components of the Army and Air Force, to the extent that the military technicians in such units would mobilize and deploy in a skill that is compatible with their civilian position skill. “(2) For each fiscal year, the Secretary of Defense shall, for the high-priority units and organizations referred to in paragraph (1), seek to achieve a programmed manning level for military technicians that is not less than 90 percent of the programmed manpower structure for those units and organizations for military technicians for that fiscal year. “(3) Military technician authorizations and personnel in high-priority units and organizations specified in paragraph (1) shall oe exempt from any requirement (imposed by law or otherwise) for reductions in Department of Defense civilian personnel and shall only be reduced as part of military force structure reductions. “(b) Dual-Status Requirement.— The Secretary of Defense shall require the Secretary of the Army and the Secretary of the Air Force to establish as a condition of employment for each individual who is hired after the date of the enactment of this section as a military technician that the individual maintain membership in the Selected Reserve (so as to be a so-called ‘dual-status’ technician) and shall require that the civilian and military position skill requirements of dual-status military technicians be compatible. No Department of Defense funds may be spent for compensation for any military technician hired after the date of the enactment of this section who is not a member of the Selected Reserve, except that compensation may be paid for up to six months following loss of membership in the Selected Reserve if such loss of membership was not due to the failure to meet military standards.”.

2. 1996

   Forces Revitalization Act of 1996

   Pub. L. 104–201 § 1214(2) · 110 Stat. 2422

   Redesignated · 10 U.S.C. § 10216(a)

   Pub. L. 104–201, § 1214(2), added subsec. (a). Former subsec. (a) redesignated (b)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–201, § 1214(2), added subsec. (a). Former subsec. (a) redesignated (b).

   Enacted provision · exact public law section
   (2) by inserting after the section heading the following new subsection (a): “(a) In General.— Military technicians are Federal civilian employees hired under title 5 and title 32 who are required to maintain dual-status as drilling reserve component members as a condition of their Federal civilian employment. Such employees shall be authorized and accounted for as a separate category of dual-status civilian employees, exempt as specified in subsection (b)(3) from any general or regulatory requirement for adjustments in Department of Defense civilian personnel.”; and

3. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 413(c)(1) · 110 Stat. 2422

   Substituted · 10 U.S.C. § 10216(a)(1)

   Pub. L. 104–201, § 413(c)(1), substituted “section 115(g)” for “section 115” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 104–201, § 413(c)(1), substituted “section 115(g)” for “section 115” in introductory provisions.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking out “section 115” and inserting in lieu thereof “section 115(g)”; and

4. 1996

   Forces Revitalization Act of 1996

   Pub. L. 104–201 § 1214(1) · 110 Stat. 2422

   1. Redesignated · 10 U.S.C. § 10216(b)

      Pub. L. 104–201, § 1214(1), (3), redesignated subsec. (a) as (b)

   2. Redesignated · 10 U.S.C. § 10216(b)

      Pub. L. 104–201, § 1214(1), (3), struck out “in high-priority units and organizations specified in paragraph (1)” after “authorizations and personnel” in par. (3). Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–201, § 1214(1), (3), redesignated subsec. (a) as (b) and struck out “in high-priority units and organizations specified in paragraph (1)” after “authorizations and personnel” in par. (3). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (1) by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (d), respectively;

5. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 413(b)(2) · 110 Stat. 2422

   Redesignated · 10 U.S.C. § 10216(b)

   Pub. L. 104–201, § 413(b)(2), added subsec. (b). Former subsec. (b) redesignated (c)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–201, § 413(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (2) by inserting after subsection (a) the following new subsection (b): “(b) Information Required To Be Submitted With Annual End Strength Authorization Request.— (1) The Secretary of Defense shall include as part of the budget justification documents submitted to Congress with the budget of the Department of Defense for any fiscal year the following information with respect to the end strengths for military technicians requested in that budget pursuant to section 115(g) of this title, shown separately for each of the Army and Air Force reserve components: “(A) The number of dual-status technicians in the high priority units and organizations specified in subsection (a)(1). “(B) The number of technicians other than dual-status technicians in the high priority units and organizations specified in subsection (a)(1). “(C) The number of dual-status technicians in other than high priority units and organizations specified in subsection (a)(1). “(D) The number of technicians other than dual-status technicians in other than high priority units and organizations specified in subsection (a)(1). “(2) (A) If the budget submitted to Congress for any fiscal year requests authorization for that fiscal year under section 115(g) of this title of a military technician end strength for a reserve component of the Army or Air Force in a number that constitutes a reduction from the end strength minimum established by law for that reserve component for the fiscal year during which the budget is submitted, the Secretary of Defense shall submit to the congressional defense committees with that budget a justification providing the basis for that requested reduction in technician end strength. “(B) Any justification submitted under subparagraph (A) shall clearly delineate— “(i) in the case of a reduction that includes a reduction in technicians described in subparagraph (A) or (C) of paragraph (1), the specific force structure reductions forming the basis for such requested technician reduction (and the numbers related to those force structure reductions); and “(ii) in the case of a reduction that includes reductions in technicians described in subparagraphs (B) or (D) of paragraph (1), the specific force structure reductions, Department of Defense civilian personnel reductions, or other reasons forming the basis for such requested technician reduction (and the numbers related to those reductions).”.

6. 1996

   Forces Revitalization Act of 1996

   Pub. L. 104–201 § 1214(1) · 110 Stat. 2422

   Redesignated · 10 U.S.C. § 10216(c)

   Pub. L. 104–201, § 1214(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–201, § 1214(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   (1) by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (d), respectively;

7. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 413(b)(1) · 110 Stat. 2422

   1. Redesignated · 10 U.S.C. § 10216(c)

      Pub. L. 104–201, § 413(b)(1), (c)(2), redesignated subsec. (b) as (c)

   2. Substituted · 10 U.S.C. § 10216(c)

      Pub. L. 104–201, § 413(b)(1), (c)(2), substituted “after February 10, 1996,” for “after the date of the enactment of this section” in two places

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–201, § 413(b)(1), (c)(2), redesignated subsec. (b) as (c) and substituted “after February 10, 1996,” for “after the date of the enactment of this section” in two places.

   Enacted provision · exact public law section
   (1) by redesignating subsection (b) as subsection (c); and

8. 1996

   Forces Revitalization Act of 1996

   Pub. L. 104–201 § 1214(1) · 110 Stat. 2422

   Redesignated · 10 U.S.C. § 10216(d)

   Pub. L. 104–201, § 1214(1), redesignated subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–201, § 1214(1), redesignated subsec. (c) as (d).

   Enacted provision · exact public law section
   (1) by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (d), respectively;

9. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 522(h) · 111 Stat. 1629

   Inserted · 10 U.S.C. § 10216

   Pub. L. 105–85, § 522(h), inserted “(dual status)” after “military technicians” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 105–85, § 522(h), inserted “(dual status)” after “military technicians” in section catchline.

   Enacted provision · exact public law section
   (h) Clerical Amendments.— (1) The heading of section 10216 of such title is amended to read as follows: “§ 10216. Military technicians (dual status)”. (2) The item relating to such section in the table of sections at the beginning of chapter 1007 of such title is amended to read as follows: “10216. Military technicians (dual status).”.

10. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(a) · 111 Stat. 1629

    Amended · 10 U.S.C. § 10216(a)

    Pub. L. 105–85, § 522(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–85, § 522(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

    “(a) In General.—Military technicians are Federal civilian employees hired under title 5 and title 32 who are required to maintain dual-status as drilling reserve component members as a condition of their Federal civilian employment. Such employees shall be authorized and accounted for as a separate category of dual-status civilian employees, exempt as specified in subsection (b)(3) from any general or regulatory requirement for adjustments in Department of Defense civilian personnel.”

    Enacted provision · exact public law section
    (a) Definition.— Subsection (a) of section 10216 of title 10, United States Code, is amended to read as follows: “(a) In General.— (1) For purposes of this section and any other provision of law, a military technician (dual status) is a Federal civilian employee who— “(A) is employed under section 3101 of title 5 or section 709 of title 32; “(B) is required as a condition of that employment to maintain membership in the Selected Reserve; and “(C) is assigned to a position as a technician in the administration and training of the Selected Reserve or in the maintenance and repair of supplies or equipment issued to the Selected Reserve or the armed forces. “(2) Military technicians (dual status) shall be authorized and accounted for as a separate category of civilian employees.”.

11. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(g)(1) · 111 Stat. 1629

    Inserted · 10 U.S.C. § 10216(b)

    Pub. L. 105–85, § 522(g)(1), inserted “(dual status)” after “military technicians” in heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–85, § 522(g)(1), inserted “(dual status)” after “military technicians” in heading.

    Enacted provision · exact public law section
    (1) The heading of subsection (b) is amended by inserting “(Dual Status)” after “Military Technicians”.

12. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(g)(2)(A) · 111 Stat. 1629

    1. Inserted · 10 U.S.C. § 10216(b)(1)

       Pub. L. 105–85, § 522(g)(2)(A), (B), in introductory provisions, inserted “(dual status)” after “for military technicians”

    2. Substituted · 10 U.S.C. § 10216(b)(1)

       Pub. L. 105–85, § 522(g)(2)(A), (B), in introductory provisions, substituted “military technicians (dual status)” for “dual status military technicians”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–85, § 522(g)(2)(A), (B), in introductory provisions, inserted “(dual status)” after “for military technicians” and substituted “military technicians (dual status)” for “dual status military technicians”.

    Enacted provision · exact public law section
    (A) by inserting “(dual status)” after “for military technicians”;

13. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(g)(2)(C) · 111 Stat. 1629

    Inserted · 10 U.S.C. § 10216(b)(1)(C)

    Pub. L. 105–85, § 522(g)(2)(C), inserted “(dual status)” after “military technicians”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 105–85, § 522(g)(2)(C), inserted “(dual status)” after “military technicians”.

    Enacted provision · exact public law section
    (C) by inserting “(dual status)” after “military technicians” in subparagraph (C).

14. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(g)(3) · 111 Stat. 1629

    Inserted · 10 U.S.C. § 10216(b)(2)

    Pub. L. 105–85, § 522(g)(3), inserted “(dual status)” after “military technicians” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–85, § 522(g)(3), inserted “(dual status)” after “military technicians” in two places.

    Enacted provision · exact public law section
    (3) Subsection (b)(2) is amended by inserting “(dual status)” after “military technicians” both places it appears.

15. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(g)(4) · 111 Stat. 1629

    Inserted · 10 U.S.C. § 10216(b)(3)

    Pub. L. 105–85, § 522(g)(4), inserted “(dual status)” after “Military technician”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 105–85, § 522(g)(4), inserted “(dual status)” after “Military technician”.

    Enacted provision · exact public law section
    (4) Subsection (b)(3) is amended by inserting “(dual status)” after “Military technician”.

16. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(g)(5)(A) · 111 Stat. 1629

    Inserted · 10 U.S.C. § 10216(c)

    Pub. L. 105–85, § 522(g)(5)(A), inserted “(dual status)” after “military technicians” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–85, § 522(g)(5)(A), inserted “(dual status)” after “military technicians” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1)(A), by inserting “(dual status)” after “military technicians”;

17. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(f) · 111 Stat. 1629

    1. Substituted · 10 U.S.C. § 10216(c)(1)(A)(D)

       Pub. L. 105–85, § 522(f), (g)(5)(B), substituted “subsection (b)(1)” for “subsection (a)(1)”

    2. Substituted · 10 U.S.C. § 10216(c)(1)(A)(D)

       Pub. L. 105–85, § 522(f), (g)(5)(B), substituted “military technicians (dual status)” for “dual-status technicians”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A) to (D). Pub. L. 105–85, § 522(f), (g)(5)(B), substituted “subsection (b)(1)” for “subsection (a)(1)” and “military technicians (dual status)” for “dual-status technicians”.

    Enacted provision · exact public law section
    (f) Cross-Reference Corrections.— Section 10216(c)(1) of title 10, United States Code, is amended by striking out “subsection (a)(1)” in subparagraphs (A), (B), (C), and (D) and inserting in lieu thereof “subsection (b)(1)”.

18. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(g)(5)(C) · 111 Stat. 1629

    Inserted · 10 U.S.C. § 10216(c)(2)(A)

    Pub. L. 105–85, § 522(g)(5)(C), inserted “(dual status)” after “military technician”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 105–85, § 522(g)(5)(C), inserted “(dual status)” after “military technician”.

    Enacted provision · exact public law section
    (C) in paragraph (2)(A), by inserting “(dual status)” after “military technician”; and

19. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(g)(5)(D) · 111 Stat. 1629

    Substituted · 10 U.S.C. § 10216(c)(2)(B)

    Pub. L. 105–85, § 522(g)(5)(D), substituted “delineate the specific force structure reductions” for “delineate—

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 105–85, § 522(g)(5)(D), substituted “delineate the specific force structure reductions” for “delineate—

    “(i) in the case of a reduction that includes a reduction in technicians described in subparagraph (A) or (C) of paragraph (1), the specific force structure reductions forming the basis for such requested technician reduction (and the numbers related to those force structure reductions); and “(ii) in the case of a reduction that includes reductions in technicians described in subparagraphs (B) or (D) of paragraph (1), the specific force structure reductions, Department of Defense civilian personnel reductions, or other reasons”.

    Enacted provision · exact public law section
    (D) in paragraph (2)(B), by striking out “delineate—” and all that follows through “or other reasons” in clause (ii) and inserting in lieu thereof “delineate the specific force structure reductions”.

20. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 522(b) · 111 Stat. 1629

    1. Added · 10 U.S.C. § 10216(d); 10 U.S.C. § 10216(e)

       Pub. L. 105–85, § 522(b), added subsecs. (d) and (e)

    2. Struck · 10 U.S.C. § 10216(d); 10 U.S.C. § 10216(e)

       Pub. L. 105–85, § 522(b), struck out former subsec. (d) which read as follows:

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 105–85, § 522(b), added subsecs. (d) and (e) and struck out former subsec. (d) which read as follows:

    “(d) Dual-Status Requirement.—The Secretary of Defense shall require the Secretary of the Army and the Secretary of the Air Force to establish as a condition of employment for each individual who is hired after February 10, 1996, as a military technician that the individual maintain membership in the Selected Reserve (so as to be a so-called ‘dual-status’ technician) and shall require that the civilian and military position skill requirements of dual-status military technicians be compatible. No Department of Defense funds may be spent for compensation for any military technician hired after February 10, 1996, who is not a member of the Selected Reserve, except that compensation may be paid for up to six months following loss of membership in the Selected Reserve if such loss of membership was not due to the failure to meet military standards.”

    Enacted provision · exact public law section
    (b) Unit Membership and Dual Status Requirement.— Such section is further amended by striking out subsection (d) and inserting in lieu thereof the following: “(d) Unit Membership Requirement.— (1) Unless specifically exempted by law, each individual who is hired as a military technician (dual status) after December 1, 1995, shall be required as a condition of that employment to maintain membership in— “(A) the unit of the Selected Reserve by which the individual is employed as a military technician; or “(B) a unit of the Selected Reserve that the individual is employed as a military technician to support. “(2) Paragraph (1) does not apply to a military technician (dual status) who is employed by the Army Reserve in an area other than Army Reserve troop program units. “(e) Dual Status Requirement.— (1) Funds appropriated for the Department of Defense may not (except as provided in paragraph (2)) be used for compensation as a military technician of any individual hired as a military technician after February 10, 1996, who is no longer a member of the Selected Reserve. “(2) The Secretary concerned may pay compensation described in paragraph (1) to an individual described in that paragraph who is no longer a member of the Selected Reserve for a period not to exceed six months following the individual’s loss of membership in the Selected Reserve if the Secretary determines that such loss of membership was not due to the failure of that individual to meet military standards.”.

21. 1999

    Pub. L. 106–65 § 521(a)(1) · 113 Stat. 512

    Substituted · 10 U.S.C. § 10216(a)(1)(A)

    Pub. L. 106–65, § 521(a)(1), substituted “section 709(b)” for “section 709”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 106–65, § 521(a)(1), substituted “section 709(b)” for “section 709”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking “section 709” and inserting “section 709(b)”; and

22. 1999

    Pub. L. 106–65 § 521(a)(2) · 113 Stat. 512

    Inserted · 10 U.S.C. § 10216(a)(1)(C)

    Pub. L. 106–65, § 521(a)(2), inserted “civilian” after “is assigned to a”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 106–65, § 521(a)(2), inserted “civilian” after “is assigned to a”.

    Enacted provision · exact public law section
    (2) in subparagraph (C), by inserting “civilian” after “is assigned to a”.

23. 1999

    Pub. L. 106–65 § 521(b)(1) · 113 Stat. 512

    Inserted · 10 U.S.C. § 10216(e)(1)

    Pub. L. 106–65, § 521(b)(1), inserted “(dual status)” after “military technician” the second place it appeared

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 106–65, § 521(b)(1), inserted “(dual status)” after “military technician” the second place it appeared.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting “(dual status)” after “military technician” the second place it appears; and

24. 1999

    Pub. L. 106–65 § 521(b)(2) · 113 Stat. 512

    1. Substituted · 10 U.S.C. § 10216(e)(2)

       Pub. L. 106–65, § 521(b)(2), substituted “Except as otherwise provided by law, the Secretary” for “The Secretary”

    2. Substituted · 10 U.S.C. § 10216(e)(2)

       Pub. L. 106–65, § 521(b)(2), substituted “up to 12 months” for “not to exceed six months”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 106–65, § 521(b)(2), substituted “Except as otherwise provided by law, the Secretary” for “The Secretary” and “up to 12 months” for “not to exceed six months”.

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) by striking “The Secretary” and inserting “Except as otherwise provided by law, the Secretary”; and (B) by striking “not to exceed six months” and inserting “up to 12 months”.

25. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title IV § 403(c) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 10216(b)(1); 10 U.S.C. § 10216(c)(1); 10 U.S.C. § 10216(2)(A)

    Pub. L. 108–136 substituted “section 115(c)” for “115(g)”

    Source evidence

    Code amendment note
    Subsecs. (b)(1), (c)(1), (2)(A). Pub. L. 108–136 substituted “section 115(c)” for “115(g)”.

    Enacted provision · exact public law section
    (c) Cross Reference Amendments.— Section 10216 of such title is amended by striking “section 115(g)” each place it appears and inserting “section 115(c)”.

26. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title V § 513(a) · 119 Stat. 3136

    Added · 10 U.S.C. § 10216(f)

    Pub. L. 109–163 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–163 added subsec. (f).

    Enacted provision · exact public law section
    (a) Deferral of Separation.— Section 10216 of title 10, United States Code, is amended by adding at the end the following new subsection: “(f) Deferral of Mandatory Separation.— The Secretary of the Army shall implement personnel policies so as to allow a military technician (dual status) who continues to meet the requirements of this section for dual status to continue to serve beyond a mandatory removal date for officers, and any applicable maximum years of service limitation, until the military technician (dual status) reaches age 60 and attains eligibility for an unreduced annuity (as defined in section 10218(c) of this title).” .

    Effective date note
    Pub. L. 109–163, div. A, title V, § 513(b), Jan. 6, 2006, 119 Stat. 3232, provided that: “The Secretary of the Army shall implement subsection (f) of section 10216 of title 10, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act [Jan. 6, 2006].”

27. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 525(b)(1) · 120 Stat. 2083

    Substituted · 10 U.S.C. § 10216(a)(1)(C)

    Pub. L. 109–364, § 525(b)(1), substituted “organizing, administering, instructing, or” for “administration and”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 109–364, § 525(b)(1), substituted “organizing, administering, instructing, or” for “administration and”.

    Enacted provision · exact public law section
    (1) in paragraph (1)(C), by striking “administration and” and inserting “organizing, administering, instructing, or”; and

28. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 525(b)(2) · 120 Stat. 2083

    Added · 10 U.S.C. § 10216(a)(3)

    Pub. L. 109–364, § 525(b)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–364, § 525(b)(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(3) A military technician (dual status) who is employed under section 3101 of title 5 may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the primary duties described in paragraph (1): “(A) Supporting operations or missions assigned in whole or in part to the technician’s unit. “(B) Supporting operations or missions performed or to be performed by— “(i) a unit composed of elements from more than one component of the technician’s armed force; or “(ii) a joint forces unit that includes— “(I) one or more units of the technician’s component; or “(II) a member of the technician’s component whose reserve component assignment is in a position in an element of the joint forces unit. “(C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of— “(i) active-duty members of the armed forces; “(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training); “(iii) Department of Defense contractor personnel; or “(iv) Department of Defense civilian employees.” .

29. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title V § 511 · 122 Stat. 3

    Added · 10 U.S.C. § 10216(g)

    Pub. L. 110–181 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 110–181 added subsec. (g).

    Enacted provision · exact public law section
    SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS IN THE SELECTED RESERVE DUE TO COMBAT-RELATED DISABILITY.   Section 10216 of title 10, United States Code, is amended by inserting after subsection (f) the following new subsection: “(g) Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability.— (1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as— “(A) the combat-related disability does not prevent the person from performing the non-dual status functions or position; and “(B) the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons. “(2) A Deadline. person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age. “(3) Persons retained under the authority of this subsection do not count against the limitations of section 10217(c) of this title.” .

30. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 · 122 Stat. 4356

    Inserted · 10 U.S.C. § 10216(f)

    Pub. L. 110–417 inserted “and the Secretary of the Air Force” after “Secretary of the Army”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–417 inserted “and the Secretary of the Air Force” after “Secretary of the Army”.

31. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 § 1075(b)(52) · 124 Stat. 4137

    Substituted · 10 U.S.C. § 10216(b)(1); 10 U.S.C. § 10216(c)(1); 10 U.S.C. § 10216(2)(A)

    Pub. L. 111–383, § 1075(b)(52), substituted “section 115(d)” for “section 115(c)”

    Source evidence

    Code amendment note
    Subsecs. (b)(1), (c)(1), (2)(A). Pub. L. 111–383, § 1075(b)(52), substituted “section 115(d)” for “section 115(c)”.

    Enacted provision · exact public law section
    (52) Section 10216 10 USC 10216. is amended by striking “section 115(c)” in subsections (b)(1), (c)(1), and (c)(2)(A) and inserting “section 115(d)”.

32. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 § 512 · 124 Stat. 4137

    Added · 10 U.S.C. § 10216(d)(3)

    Pub. L. 111–383, § 512, added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 111–383, § 512, added par. (3).

    Enacted provision · exact public law section
    SEC. 512. ASSIGNMENT OF AIR FORCE RESERVE MILITARY TECHNICIANS (DUAL STATUS) TO POSITIONS OUTSIDE AIR FORCE RESERVE UNIT PROGRAM.   Section 10216(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3) Paragraph (1) does not apply to a military technician (dual status) who is employed by the Air Force Reserve in an area other than the Air Force Reserve unit program, except that not more than 50 of such technicians may be assigned outside of the unit program at the same time.” .

33. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 div. A title V § 514(a) · 125 Stat. 1298

    1. Inserted · 10 U.S.C. § 10216(f)

       Pub. L. 112–81 inserted “Authority for” before “Deferral of Mandatory Separation” in heading, and in text

    2. Substituted · 10 U.S.C. § 10216(f)

       Pub. L. 112–81 substituted “may each implement” for “shall implement”

    3. Inserted · 10 U.S.C. § 10216(f)

       Pub. L. 112–81 inserted “, at the discretion of the Secretary concerned,” after “so as to allow”

    4. Struck · 10 U.S.C. § 10216(f)

       Pub. L. 112–81 struck out “for officers” after “mandatory removal date”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 112–81 inserted “Authority for” before “Deferral of Mandatory Separation” in heading, and in text, substituted “may each implement” for “shall implement”, inserted “, at the discretion of the Secretary concerned,” after “so as to allow”, and struck out “for officers” after “mandatory removal date”.

    Enacted provision · exact public law section
    (a) Discretionary Deferral of Mandatory Separation.— Section 10216(f) of title 10, United States Code, is amended— (1) in the subsection heading, by inserting “Authority for” before “Deferral of Mandatory Separation”; (2) by striking “shall implement” and inserting “may each implement”; (3) by inserting “, at the discretion of the Secretary concerned,” after “so as to allow”; and (4) by striking “for officers”.

34. 2024

    Pub. L. 118–159 div. A title V § 511(a) · 138 Stat. 1875

    Substituted · 10 U.S.C. § 10216(f)

    Pub. L. 118–159 substituted “62.” for “60”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–159 substituted “62.” for “60”.

35. 2025

    Pub. L. 119–60 div. A title XVII § 1701(a)(40) · 139 Stat. 1210

    Struck · 10 U.S.C. § 10216(f)

    Pub. L. 119–60 struck out period after “age 62”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 119–60 struck out period after “age 62”.

41 of 44 references resolved to an enrolled provision · 1 partial · 2 unresolved