Pub. L. 105-85, div. A, tit. V, subtit. C, sec. 523
NON-DUAL STATUS MILITARY TECHNICIANS.
SEC. 523. NON-DUAL STATUS MILITARY TECHNICIANS. (a) In General.—(1) Chapter 1007 of title 10, United States Code, is amended by adding at the end the following new section: “§ 10217. Non-dual status military technicians “(a) Definition.—For the purposes of this section and any other provision of law, a non-dual status military technician is a civilian employee of the Department of Defense serving in a military technician position who— “(1) was hired as a military technician before the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998 under any of the authorities specified in subsection (c); and “(2) as of the date of the enactment of that Act is not a member of the Selected Reserve or after such date ceased to be a member of the Selected Reserve. “(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 5.111 STAT. 1737 “(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.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “10217. Non-dual status military technicians.”. (b) Limitation.—The number of civilian employees of a military department who are non-dual status military technicians as of September 30, 1998, may not exceed the following: (1) For the Army Reserve, 1,500. (2) For the Army National Guard of the United States, 2,400. (3) For the Air Force Reserve, 0. (4) For the Air National Guard of the United States, 450. (c) Report Required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the number of military technician positions that are held by non-dual status military technicians as of September 30, 1997, shown separately for each of the following: (1) The Army Reserve. (2) The Army National Guard of the United States. (3) The Air Force Reserve. (4) The Air National Guard of the United States. (d) Plan for Full Utilization of Military Technicians (Dual Status).—(1) Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for ensuring that, on and after September 30, 2007, all military technician positions are held only by military technicians (dual status). (2) The plan shall provide for achieving, by September 30, 2002, a 50 percent reduction, by conversion of positions or otherwise, in the number of non-dual status military technicians that are holding military technicians positions, as compared with the number of non-dual status technicians that held military technician positions as of September 30, 1997, as specified in the report under subsection (c). (3) Among the alternative actions to be considered in developing the plan, the Secretary shall consider the feasibility and cost of each of the following: (A) Eliminating or consolidating technician functions and positions. (B) Contracting with private sector sources for the performance of functions performed by military technicians. (C) Converting non-dual status military technician positions to military technician (dual status) positions or to positions in the competitive service or, in the case of positions of the Army National Guard of the United States or the Air National Guard of the United States, to positions of State employment. (D) Use of incentives to facilitate attainment of the objectives specified for the plan in paragraphs (1) and (2).111 STAT. 1738 (4) The Secretary shall submit with the plan any recommendations for legislation that the Secretary considers necessary to carry out the plan. (e) Definitions for Categories of Military Technicians.—In this section: (1) The term “non-dual status military technician” has the meaning given that term in section 10217 of title 10, United States Code, as added by subsection (a). (2) The term “military technician (dual status)” has the meaning given the term in section 10216(a) of such title.