Title 10 — Armed ForcesRelease 119-73
§10217 Non-dual status technicians
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART I— - ORGANIZATION AND ADMINISTRATION › Chapter CHAPTER 1007— - ADMINISTRATION OF RESERVE COMPONENTS › § 10217
Summary
Defines who counts as a non-dual status technician. These are civilian Department of Defense workers in military technician jobs who meet one of three conditions: they were hired before November 18, 1997 under certain hiring rules and were not in the Selected Reserve on that date (or left it afterward); they were hired under 32 U.S.C. 709 into certain designated jobs without a requirement to stay in the Selected Reserve; or they were hired temporarily under the temporary-hire rules. The law names the hiring authorities involved, including section 10216, section 709, some title 5 rules, a provision from the 1996 DoD Appropriations Act and similar yearly provisions for 1984–1995, and memoranda between the DoD and OPM. It limits how many non-dual technicians each force can have: Army Reserve up to 595, Air Force Reserve up to 90, and the National Guard up to 1,950. If those caps are exceeded, the Secretary of Defense must order cuts. Temporary hires under the temporary rule do not count toward those limits. The law allowed temporary fills for up to two years for vacancies caused by mobilized dual-status technicians, but no one could be hired under that rule after January 6, 2013. No one may be newly hired or rehired as a non-dual technician after September 30, 2017, and by October 1, 2017 the Secretary of Defense must convert all such jobs to regular civilian jobs under 5 U.S.C. 3101 or 10 U.S.C. 1601; a current employee in a converted job on October 1, 2017 keeps that job without going through competitive hiring.
Full Legal Text
Title 10, §10217
Armed Forces — Source: USLM XML via OLRC
(a)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)The authorities referred to in subsection (a) are the following:
(1)section 10216 of this title.
(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)(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)(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)(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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 8016 of the Department of Defense Appropriations Act, 1996 (Public Law 104–61; 109 Stat. 654), referred to in subsec. (b)(4), was set out as a note under section 10101 of this title prior to repeal by Pub. L. 105–85, div. A, title V, § 522(e), Nov. 18, 1997, 111 Stat. 1735.
Amendments
2019—Subsec. (e)(4). Pub. L. 116–92 substituted “shall be an individual” for “shall an individual”. 2016—Subsec. (e). Pub. L. 114–328 amended subsec. (e) generally. Prior to amendment, subsec. (e) related to phased-in termination of non-dual status positions. 2015—Subsec. (e). Pub. L. 114–92 added subsec. (e). 2013—Subsec. (c)(3). Pub. L. 112–239, § 1076(f)(45), substituted “considered” for “consider”. Subsec. (d)(3). Pub. L. 112–239, § 1076(e)(7), substituted “after
January 6, 2013” for “after the end of the 2-year period beginning on the date of the enactment of this subsection”. 2011—Subsec. (a)(3). Pub. L. 111–383, § 513(a)(1), added par. (3). Subsec. (c)(1). Pub. L. 111–383, § 1075(b)(53), substituted “The” for “Effective
October 1, 2007, the” and struck out “after the preceding sentence takes effect” after “If at any time”. Subsec. (c)(3). Pub. L. 111–383, § 513(b), added par. (3). Subsec. (d). Pub. L. 111–383, § 513(a)(2), added subsec. (d). 2003—Subsec. (c)(1). Pub. L. 108–136 substituted “may not exceed 595 and by the Air Force Reserve may not exceed 90” for “and Air Force Reserve may not exceed 175”. 2002—Subsec. (c)(2). Pub. L. 107–314 substituted “The total number” for “Effective
October 1, 2002, the total number” in first sentence and struck out “after the preceding sentence takes effect” after “If at any time” in second sentence. 2000—Subsec. (c)(2). Pub. L. 106–398 substituted “
October 1, 2002” for “
October 1, 2001”. 1999—Pub. L. 106–65, § 523(b), struck out “military” after “status” in section catchline. Subsec. (a). Pub. L. 106–65, § 523(a)(1)(A), struck out “military” after “non-dual status” in introductory provisions. Subsec. (a)(1), (2). Pub. L. 106–65, § 523(a)(1)(B), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(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.” Subsec. (c). Pub. L. 106–65, § 523(a)(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
of 1999 Amendment Pub. L. 106–65, div. A, title V, § 525, Oct. 5, 1999, 113 Stat. 600, provided that: “The
Amendments
made by section 523 and 524 [amending this section and section 709 of Title 32, National Guard] shall take effect 180 days after the date of the receipt by Congress of the plan required by section 523(d) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1737) [set out below] [plan received by Congress from Under Secretary of Defense, Personnel and Readiness on Sept. 21, 1999, see Cong. Rec., vol. 145, pt. 15, p. 21975, Ex. Comm. 4276] or a report by the Secretary of Defense providing an alternative proposal to the plan required by that section.” Plan for Full Utilization of Military Technicians (Dual Status)Pub. L. 105–85, div. A, title V, § 523(d), (e), Nov. 18, 1997, 111 Stat. 1737, provided that: “(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 [Nov. 18, 1997], 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) [111 Stat. 1737]. “(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). “(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 [enacting 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.”
Reference
Citations & Metadata
Citation
10 U.S.C. § 10217
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73