MILITARY TECHNICIANS (DUAL STATUS).

SEC. 522. MILITARY TECHNICIANS (DUAL STATUS). (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.”. (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; or111 STAT. 1735 “(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.”. (c) National Guard Dual Status Requirement.—Section 709(b) of title 32, United States Code, is amended by striking out “Except as prescribed by the Secretary concerned, a technician” and inserting in lieu thereof “A technician”. (d) Plan for Clarification of Statutory Authority of Military Technicians.—(1) The Secretary of Defense shall submit to Congress, as part of the budget justification materials submitted in support of the budget for the Department of Defense for fiscal year 1999, a legislative proposal to provide statutory authority and clarification under title 5, United States Code— (A) for the hiring, management, promotion, separation, and retirement of military technicians who are employed in support of units of the Army Reserve or Air Force Reserve; and (B) for the transition to the competitive service of an individual who is hired as a military technician in support of a unit of the Army Reserve or Air Force Reserve and who (as determined by the Secretary concerned) fails to maintain membership in the Selected Reserve through no fault of the individual. (2) The legislative proposal under paragraph (1) shall be developed in consultation with the Director of the Office of Personnel Management. (e) Conforming Repeal.—Section 8016 of Public Law 10461 (109 Stat. 654; 10 U.S.C. 10101 note) is repealed. (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)”. (g) Conforming Amendments to Section 10216.—Section 10216 of title 10, United States Code, is further amended as follows: (1) The heading of subsection (b) is amended by inserting “(Dual Status)” after “Military Technicians”. (2) Subsection (b)(1) is amended— (A) by inserting “(dual status)” after “for military technicians”; (B) by striking out “dual status military technicians” and inserting in lieu thereof “military technicians (dual status)”; and (C) by inserting “(dual status)” after “military technicians” in subparagraph (C).111 STAT. 1736 (3) Subsection (b)(2) is amended by inserting “(dual status)” after “military technicians” both places it appears. (4) Subsection (b)(3) is amended by inserting “(dual status)” after “Military technician”. (5) Subsection (c) is amended— (A) in the matter preceding paragraph (1)(A), by inserting “(dual status)” after “military technicians”; (B) in paragraph (1), by striking out “dual-status technicians” in subparagraphs (A), (B), (C), and (D) and inserting in lieu thereof ‘’military technicians (dual status)”; (C) in paragraph (2)(A), by inserting “(dual status)” after “military technician”; and (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”. (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).”. (i) Other Conforming Amendments.—(1) Section 115(g) of such title is amended by inserting “(dual status)” in the first sentence after “military technicians” and in the second sentence after “military technician”. (2) Section 115a(h) of such title is amended— (A) by inserting “(displayed in the aggregate and separately for military technicians (dual status) and non-dual status military technicians)” in the matter preceding paragraph (1) after “of the following”; and (B) by striking out paragraph (3).