-CITE-

10 USC CHAPTER 1007 - ADMINISTRATION OF RESERVE

COMPONENTS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

.

-HEAD-

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-MISC1-

Sec.

10201. Assistant Secretary of Defense for Reserve Affairs.

10202. Regulations.

10203. Reserve affairs: designation of general or flag officer of

each armed force.

10204. Personnel records.

10205. Members of Ready Reserve: requirement of notification of

change of status.

10206. Members: periodic physical examinations.

10207. Mobilization forces: maintenance.

10208. Annual mobilization exercise.

10209. Regular and reserve components: discrimination prohibited.

10210. Dissemination of information.

10211. Policies and regulations: participation of Reserve officers

in preparation and administration.

10212. Gratuitous services of officers: authority to accept.

10213. Reserve components: dual membership prohibited.

10214. Adjutants general and assistant adjutants general: reference

to other officers of National Guard.

10215. Officers of Army National Guard of the United States and Air

National Guard of the United States: authority with respect to

Federal status.

10216. Military technicians (dual status).

10217. Non-dual status technicians.

10218. Army and Air Force Reserve technicians: conditions for

retention; mandatory retirement under civil service laws.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 522(a)(2), 523(b),

Oct. 5, 1999, 113 Stat. 597, 598, struck out ''military'' after

''status'' in item 10217 and added item 10218.

1997 - Pub. L. 105-85, div. A, title V, Sec. 522(h)(2),

523(a)(2), Nov. 18, 1997, 111 Stat. 1736, 1737, inserted ''(dual

status)'' after ''technicians'' in item 10216 and added item 10217.

1996 - Pub. L. 104-106, div. A, title V, Sec. 513(c)(2), title

XV, Sec. 1501(b)(4), Feb. 10, 1996, 110 Stat. 306, 496, struck out

''Individual'' after ''Members of'' in item 10205, substituted

''Reserve'' for ''reserve'' in item 10211, and added item 10216.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 261 of this title.

-CITE-

10 USC Sec. 10201 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10201. Assistant Secretary of Defense for Reserve Affairs

-STATUTE-

As provided in section 138(b)(2) of this title, the official in

the Department of Defense with responsibility for overall

supervision of reserve component affairs of the Department of

Defense is the Assistant Secretary of Defense for Reserve Affairs.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2976; amended Pub. L. 104-106, div. A, title

IX, Sec. 903(f)(4), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104-201,

div. A, title IX, Sec. 901, Sept. 23, 1996, 110 Stat. 2617.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106, Sec. 903(a), (f)(4), which directed that

this section be amended, eff. Jan. 31, 1997, to read ''The

official in the Department of Defense with responsibility for

overall supervision of reserve component affairs of the Department

of Defense is the official designated by the Secretary of Defense

to have that responsibility.'', was repealed by Pub. L. 104-201.

EFFECTIVE DATE

Chapter effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 261 of this title.

-CITE-

10 USC Sec. 10202 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10202. Regulations

-STATUTE-

(a) Subject to standards, policies, and procedures prescribed by

the Secretary of Defense, the Secretary of each military department

shall prescribe such regulations as the Secretary considers

necessary to carry out provisions of law relating to the reserve

components under the Secretary's jurisdiction.

(b) The Secretary of Homeland Security, with the concurrence of

the Secretary of the Navy, shall prescribe such regulations as the

Secretary considers necessary to carry out all provisions of law

relating to the reserve components insofar as they relate to the

Coast Guard, except when the Coast Guard is operating as a service

in the Navy.

(c) So far as practicable, regulations for all reserve components

shall be uniform.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2976; amended Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 280 of this title, prior to repeal by Pub. L. 103-337, Sec.

1661(a)(2)(A).

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 10203 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10203. Reserve affairs: designation of general or flag officer

of each armed force

-STATUTE-

(a) The Secretary of the Army may designate a general officer of

the Army to be directly responsible for reserve affairs to the

Chief of Staff of the Army.

(b) The Secretary of the Navy may designate a flag officer of the

Navy to be directly responsible for reserve affairs to the Chief of

Naval Operations and a general officer of the Marine Corps to be

directly responsible for reserve affairs to the Commandant of the

Marine Corps.

(c) The Secretary of the Air Force may designate a general

officer of the Air Force to be directly responsible for reserve

affairs to the Chief of Staff of the Air Force.

(d) The Secretary of Homeland Security may designate a flag

officer of the Coast Guard to be directly responsible for reserve

affairs to the Commandant of the Coast Guard.

(e) This section does not affect the functions of the Chief of

the National Guard Bureau, the Chief of Army Reserve, or the Chief

of Air Force Reserve.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2976; amended Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 264(a) of this title, prior to repeal by Pub. L. 103-337,

Sec. 1661(a)(2)(A).

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 10204 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10204. Personnel records

-STATUTE-

(a) The Secretary concerned shall maintain adequate and current

personnel records of each member of the reserve components under

the Secretary's jurisdiction showing the following with respect to

the member:

(1) Physical condition.

(2) Dependency status.

(3) Military qualifications.

(4) Civilian occupational skills.

(5) Availability for service.

(6) Such other information as the Secretary concerned may

prescribe.

(b) Under regulations to be prescribed by the Secretary of

Defense, the Secretary of each military department shall maintain a

record of the number of members of each class of each reserve

component who, during each fiscal year, have participated

satisfactorily in active duty for training and inactive duty

training with pay.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2977.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 275 of this title, prior to repeal by Pub. L. 103-337, Sec.

1661(a)(2)(A).

-CITE-

10 USC Sec. 10205 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10205. Members of Ready Reserve: requirement of notification

of change of status

-STATUTE-

(a) Each member of the Ready Reserve shall notify the Secretary

concerned of any change in the member's address, marital status,

number of dependents, or civilian employment and of any change in

the member's physical condition that would prevent the member from

meeting the physical or mental standards prescribed for the

member's armed force.

(b) This section shall be administered under regulations

prescribed by the Secretary of Defense and by the Secretary of

Homeland Security with respect to the Coast Guard when it is not

operating as a service in the Navy.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2977; amended Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 652 of this title, prior to repeal by Pub. L. 103-337, Sec.

1661(a)(3)(A).

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 10206 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10206. Members: periodic physical examinations

-STATUTE-

(a) Each member of the Selected Reserve who is not on active duty

shall -

(1) be examined as to the member's physical fitness every five

years, or more often as the Secretary concerned considers

necessary; and

(2) execute and submit annually to the Secretary concerned a

certificate of physical condition.

(b) A member of the Individual Ready Reserve or inactive National

Guard shall be examined for physical fitness as necessary to

determine the member's physical fitness for -

(1) military duty or promotion;

(2) attendance at a school of the armed forces; or

(3) other action related to career progression.

(c) Each Reserve in an active status, or on an inactive status

list, who is not on active duty shall execute and submit annually

to the Secretary concerned a certificate of physical condition.

(d) The kind of duty to which a Reserve ordered to active duty

may be assigned shall be considered in determining physical

qualifications for active duty.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2977; amended Pub. L. 107-107, div. A, title V,

Sec. 516, Dec. 28, 2001, 115 Stat. 1094.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 1004(a), (b) of this title, prior to repeal by Pub. L.

103-337, Sec. 1661(a)(4)(A).

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107, Sec. 516(a)(1), (2),

substituted ''Selected Reserve'' for ''Ready Reserve'' in

introductory provisions and redesignated concluding provisions as

subsec. (c).

Subsec. (a)(1). Pub. L. 107-107, Sec. 516(b), substituted ''the

member's physical fitness'' for ''his physical fitness''.

Subsec. (b). Pub. L. 107-107, Sec. 516(a)(4), added subsec. (b).

Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 107-107, Sec. 516(a)(2), redesignated

concluding provisions of subsec. (a) as (c).

Subsec. (d). Pub. L. 107-107, Sec. 516(a)(3), redesignated

subsec. (b) as (d).

-CITE-

10 USC Sec. 10207 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10207. Mobilization forces: maintenance

-STATUTE-

(a) Whenever units or members of the reserve components are

ordered to active duty (other than for training) during a period of

partial mobilization, the Secretary concerned shall continue to

maintain mobilization forces by planning and budgeting for the

continued organization and training of the reserve components not

mobilized, and make the fullest practicable use of the Federal

facilities vacated by mobilized units, consistent with approved

joint mobilization plans.

(b) In this section, the term ''partial mobilization'' means the

mobilization resulting from action by Congress or the President,

under any law, to bring units of any reserve component, and members

not assigned to units organized to serve as units, to active duty

for a limited expansion of the active armed forces.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2977.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 276 of this title, prior to repeal by Pub. L. 103-337, Sec.

1661(a)(2)(A).

-CITE-

10 USC Sec. 10208 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10208. Annual mobilization exercise

-STATUTE-

(a) The Secretary of Defense shall conduct at least one major

mobilization exercise each year. The exercise should be as

comprehensive and as realistic as possible and should include the

participation of associated active component and reserve component

units.

(b) The Secretary shall maintain a plan to test periodically each

active component and reserve component unit based in the United

States and all interactions of such units, as well as the

sustainment of the forces mobilized as part of the exercise, with

the objective of permitting an evaluation of the adequacy of

resource allocation and planning.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2978.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 98-525, title V, Sec. 552(e), Oct. 19, 1984, 98 Stat. 2531,

which was set out in a note under section 12001 of this title,

prior to repeal by Pub. L. 103-337, Sec. 1661(a)(3)(B).

-CITE-

10 USC Sec. 10209 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10209. Regular and reserve components: discrimination

prohibited

-STATUTE-

Laws applying to both Regulars and Reserves shall be administered

without discrimination -

(1) among Regulars;

(2) among Reserves; and

(3) between Regulars and Reserves.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2978.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 277 of this title, prior to repeal by Pub. L. 103-337, Sec.

1661(a)(2)(A).

-CITE-

10 USC Sec. 10210 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10210. Dissemination of information

-STATUTE-

The Secretary of Defense shall require the complete and current

dissemination, to all Reserves and to the public, of information of

interest to the reserve components.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2978.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 278 of this title, prior to repeal by Pub. L. 103-337, Sec.

1661(a)(2)(A).

-CITE-

10 USC Sec. 10211 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10211. Policies and regulations: participation of Reserve

officers in preparation and administration

-STATUTE-

Within such numbers and in such grades and assignments as the

Secretary concerned may prescribe, each armed force shall have

officers of its reserve components on active duty (other than for

training) at the seat of government, and at headquarters

responsible for reserve affairs, to participate in preparing and

administering the policies and regulations affecting those reserve

components. While so serving, such an officer is an additional

number of any staff with which he is serving.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2978.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 265 of this title, prior to repeal by Pub. L. 103-337, Sec.

1661(a)(2)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 523, 641, 12011, 12012 of

this title.

-CITE-

10 USC Sec. 10212 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10212. Gratuitous services of officers: authority to accept

-STATUTE-

(a) Notwithstanding section 1342 of title 31, the Secretary of

Defense may accept the gratuitous services of an officer of a

reserve component (other than an officer of the Army National Guard

of the United States or the Air National Guard of the United

States) in consultation upon matters relating to the armed forces.

(b) Notwithstanding section 1342 of title 31, the Secretary of a

military department may accept the gratuitous services of an

officer of a reserve component under the Secretary's jurisdiction

(other than an officer of the Army National Guard of the United

States or the Air National Guard of the United States) -

(1) in the furtherance of the enrollment, organization, and

training of that officer's reserve component or the Reserve

Officers' Training Corps; or

(2) in consultation upon matters relating to the armed forces.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2978; amended Pub. L. 103-355, title III, Sec.

3021(a), Oct. 13, 1994, 108 Stat. 3333.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 279 of this title, prior to repeal by Pub. L. 103-337, Sec.

1661(a)(2)(A), and in sections 4541 and 9541 of this title, prior

to repeal by Pub. L. 103-160, Sec. 822(d)(2).

AMENDMENTS

1994 - Pub. L. 103-355 added subsec. (a) and designated existing

provisions as subsec. (b).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 3021(b) of Pub. L. 103-355 provided that:

''Notwithstanding section 10001 (set out as a note under section

251 of Title 41, Public Contracts), the amendments made by

subsection (a) (amending this section) shall take effect on

December 1, 1994, immediately after the amendments made by the

Reserve Officer Personnel Management Act (Pub. L. 103-337, see

Tables for classification).''

EFFECTIVE DATE

Section effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

-CITE-

10 USC Sec. 10213 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10213. Reserve components: dual membership prohibited

-STATUTE-

Except as otherwise provided in this title, no person may be a

member of more than one reserve component at the same time.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2979.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 261(b) of this title, prior to repeal by Pub. L. 103-337,

Sec. 1661(a)(2)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14317 of this title.

-CITE-

10 USC Sec. 10214 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10214. Adjutants general and assistant adjutants general:

reference to other officers of National Guard

-STATUTE-

In any case in which, under the laws of a State, an officer of

the National Guard of that jurisdiction, other than the adjutant

general or an assistant adjutant general, normally performs the

duties of that office, the references in sections 12004(b)(1),

12215, 12642(c), 14507(b), 14508(e), and 14512 of this title to the

adjutant general or the assistant adjutant general shall be applied

to that officer instead of to the adjutant general or assistant

adjutant general.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2979.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 281 of this title, prior to repeal by Pub. L. 103-337, Sec.

1661(a)(2)(A).

-CITE-

10 USC Sec. 10215 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10215. Officers of Army National Guard of the United States

and Air National Guard of the United States: authority with

respect to Federal status

-STATUTE-

(a)(1) Officers of the Army National Guard of the United States

who are not on active duty -

(A) may order members of the Army National Guard of the United

States to active duty for training under section 12301(d) of this

title; and

(B) with the approval of the Secretary of the Air Force, may

order members of the Air National Guard of the United States to

active duty for training under that section.

(2) Officers of the Air National Guard of the United States who

are not on active duty -

(A) may order members of the Air National Guard of the United

States to active duty for training under section 12301(d) of this

title; and

(B) with the approval of the Secretary of the Army, may order

members of the Army National Guard of the United States to active

duty for training under that section.

(b) Officers of the Army National Guard of the United States or

the Air National Guard of the United States who are not on active

duty -

(1) may enlist, reenlist, or extend the enlistments of persons

as Reserves of the Army or Reserves of the Air Force for service

in the Army National Guard of the United States or the Air

National Guard of the United States, as the case may be; and

(2) with respect to their Federal status, may promote or

discharge persons enlisted or reenlisted as Reserves of the Army

or Reserves of the Air Force for that service.

(c) This section shall be carried out under regulations

prescribed by the Secretary of the Army, with respect to matters

concerning the Army, and by the Secretary of the Air Force, with

respect to matters concerning the Air Force.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1661(a)(1), Oct.

5, 1994, 108 Stat. 2979.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3080 and 8080 of this title, prior to repeal by Pub. L.

103-337, Sec. 1661(a)(3)(A).

-CITE-

10 USC Sec. 10216 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10216. Military technicians (dual status)

-STATUTE-

(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(b)

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 civilian 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) Priority for Management of Military Technicians (Dual

Status). - (1) As a basis for making the annual request to Congress

pursuant to section 115(g) of this title for authorization of end

strengths for military technicians (dual status) of the Army and

Air Force reserve components, the Secretary of Defense shall give

priority to supporting authorizations for military technicians

(dual status) 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 (dual status) 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

(dual status) that is not less than 90 percent of the programmed

manpower structure for those units and organizations for military

technicians (dual status) for that fiscal year.

(3) Military technician (dual status) authorizations and

personnel shall be 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.

(c) 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 (dual status) 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 military technicians (dual status) in the

high priority units and organizations specified in subsection

(b)(1).

(B) The number of technicians other than military technicians

(dual status) in the high priority units and organizations

specified in subsection (b)(1).

(C) The number of military technicians (dual status) in other

than high priority units and organizations specified in

subsection (b)(1).

(D) The number of technicians other than military technicians

(dual status) in other than high priority units and organizations

specified in subsection (b)(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 (dual status) 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 the specific force structure reductions forming

the basis for such requested technician reduction (and the numbers

related to those reductions).

(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 (dual status) after February 10,

1996, who is no longer a member of the Selected Reserve.

(2) Except as otherwise provided by law, 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 up to 12 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.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 513(c)(1), Feb. 10,

1996, 110 Stat. 306; amended Pub. L. 104-201, div. A, title IV,

Sec. 413(b), (c), title XII, Sec. 1214, Sept. 23, 1996, 110 Stat.

2507, 2508, 2695; Pub. L. 105-85, div. A, title V, Sec. 522(a),

(b), (f)-(h)(1), Nov. 18, 1997, 111 Stat. 1734-1736; Pub. L.

106-65, div. A, title V, Sec. 521, Oct. 5, 1999, 113 Stat. 595.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(1)(A). Pub. L. 106-65, Sec. 521(a)(1),

substituted ''section 709(b)'' for ''section 709''.

Subsec. (a)(1)(C). Pub. L. 106-65, Sec. 521(a)(2), inserted

''civilian'' after ''is assigned to a''.

Subsec. (e)(1). Pub. L. 106-65, Sec. 521(b)(1), inserted ''(dual

status)'' after ''military technician'' the second place it

appeared.

Subsec. (e)(2). Pub. L. 106-65, Sec. 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''.

1997 - Pub. L. 105-85, Sec. 522(h), inserted ''(dual status)''

after ''military technicians'' in section catchline.

Subsec. (a). Pub. L. 105-85, Sec. 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.''

Subsec. (b). Pub. L. 105-85, Sec. 522(g)(1), inserted ''(dual

status)'' after ''military technicians'' in heading.

Subsec. (b)(1). Pub. L. 105-85, Sec. 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''.

Subsec. (b)(1)(C). Pub. L. 105-85, Sec. 522(g)(2)(C), inserted

''(dual status)'' after ''military technicians''.

Subsec. (b)(2). Pub. L. 105-85, Sec. 522(g)(3), inserted ''(dual

status)'' after ''military technicians'' in two places.

Subsec. (b)(3). Pub. L. 105-85, Sec. 522(g)(4), inserted ''(dual

status)'' after ''Military technician''.

Subsec. (c). Pub. L. 105-85, Sec. 522(g)(5)(A), inserted ''(dual

status)'' after ''military technicians'' in introductory

provisions.

Subsec. (c)(1)(A) to (D). Pub. L. 105-85, Sec. 522(f), (g)(5)(B),

substituted ''subsection (b)(1)'' for ''subsection (a)(1)'' and

''military technicians (dual status)'' for ''dual-status

technicians''.

Subsec. (c)(2)(A). Pub. L. 105-85, Sec. 522(g)(5)(C), inserted

''(dual status)'' after ''military technician''.

Subsec. (c)(2)(B). Pub. L. 105-85, Sec. 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''.

Subsecs. (d), (e). Pub. L. 105-85, Sec. 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.''

1996 - Subsec. (a). Pub. L. 104-201, Sec. 1214(2), added subsec.

(a). Former subsec. (a) redesignated (b).

Subsec. (a)(1). Pub. L. 104-201, Sec. 413(c)(1), substituted

''section 115(g)'' for ''section 115'' in introductory provisions.

Subsec. (b). Pub. L. 104-201, Sec. 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).

Pub. L. 104-201, Sec. 413(b)(2), added subsec. (b). Former

subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 104-201, Sec. 1214(1), redesignated subsec.

(b) as (c). Former subsec. (c) redesignated (d).

Pub. L. 104-201, Sec. 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.

Subsec. (d). Pub. L. 104-201, Sec. 1214(1), redesignated subsec.

(c) as (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115a, 10217 of this

title; title 5 sections 8337, 8401; title 32 section 709; title 37

section 1002.

-CITE-

10 USC Sec. 10217 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10217. Non-dual status technicians

-STATUTE-

(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; or

(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.

(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) Effective October 1,

2007, the total number of non-dual status technicians employed by

the Army Reserve and Air Force Reserve may not exceed 175. If at

any time after the preceding sentence takes effect 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.

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 523(a)(1), Nov. 18,

1997, 111 Stat. 1736; amended Pub. L. 106-65, div. A, title V,

Sec. 523, Oct. 5, 1999, 113 Stat. 598; Pub. L. 106-398, Sec. 1

((div. A), title IV, Sec. 414(c)), Oct. 30, 2000, 114 Stat. 1654,

1654A-94; Pub. L. 107-314, div. A, title IV, Sec. 414(d), Dec. 2,

2002, 116 Stat. 2527.)

-REFTEXT-

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, Sec. 522(e),

Nov. 18, 1997, 111 Stat. 1735.

-MISC2-

AMENDMENTS

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, Sec. 523(b), struck out ''military'' after

''status'' in section catchline.

Subsec. (a). Pub. L. 106-65, Sec. 523(a)(1)(A), struck out

''military'' after ''non-dual status'' in introductory provisions.

Subsec. (a)(1), (2). Pub. L. 106-65, Sec. 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, Sec. 523(a)(2), added subsec. (c).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title V, Sec. 525, Oct. 5, 1999, 113

Stat. 600, provided that: ''The amendments made by sections 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, see Cong.

Rec., vol. 145, p. H8464, Daily Issue, Ex. Comm. 4276, Sept. 21,

1999) 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)

Section 523(d), (e) of Pub. L. 105-85 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 32 section 709.

-CITE-

10 USC Sec. 10218 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART I - ORGANIZATION AND ADMINISTRATION

CHAPTER 1007 - ADMINISTRATION OF RESERVE COMPONENTS

-HEAD-

Sec. 10218. Army and Air Force Reserve technicians: conditions for

retention; mandatory retirement under civil service laws

-STATUTE-

(a) Separation and Retirement of Military Technicians (Dual

Status). - (1) An individual employed by the Army Reserve or the

Air Force Reserve as a military technician (dual status) who after

October 5, 1999, loses dual status is subject to paragraph (2) or

(3), as the case may be.

(2) If a technician described in paragraph (1) is eligible at the

time dual status is lost for an unreduced annuity and is age 60 or

older at that time, the technician shall be separated not later

than 30 days after the date on which dual status is lost.

(3)(A) If a technician described in paragraph (1) is not eligible

at the time dual status is lost for an unreduced annuity or is

under age 60 at that time, the technician shall be offered the

opportunity to -

(i) reapply for, and if qualified be appointed to, a position

as a military technician (dual status); or

(ii) apply for a civil service position that is not a

technician position.

(B) If such a technician continues employment with the Army

Reserve or the Air Force Reserve as a non-dual status technician,

the technician -

(i) shall not be permitted, after October 5, 2000, to apply for

any voluntary personnel action; and

(ii) shall be separated or retired -

(I) in the case of a technician first hired as a military

technician (dual status) on or before February 10, 1996, not

later than 30 days after becoming eligible for an unreduced

annuity and becoming 60 years of age; and

(II) in the case of a technician first hired as a military

technician (dual status) after February 10, 1996, not later

than one year after the date on which dual status is lost.

(4) For purposes of this subsection, a military technician is

considered to lose dual status upon -

(A) being separated from the Selected Reserve; or

(B) ceasing to hold the military grade specified by the

Secretary concerned for the position held by the technician.

(b) Non-Dual Status Technicians. - (1) An individual who on

October 5, 1999, is employed by the Army Reserve or the Air Force

Reserve as a non-dual status technician and who on that date is

eligible for an unreduced annuity and is age 60 or older shall be

separated not later than April 5, 2000.

(2)(A) An individual who on October 5, 1999, is employed by the

Army Reserve or the Air Force Reserve as a non-dual status

technician and who on that date is not eligible for an unreduced

annuity or is under age 60 shall be offered the opportunity to -

(i) reapply for, and if qualified be appointed to, a position

as a military technician (dual status); or

(ii) apply for a civil service position that is not a

technician position.

(B) If such a technician continues employment with the Army

Reserve or the Air Force Reserve as a non-dual status technician,

the technician -

(i) shall not be permitted, after October 5, 2000, to apply for

any voluntary personnel action; and

(ii) shall be separated or retired -

(I) in the case of a technician first hired as a technician

on or before February 10, 1996, and who on October 5, 1999, is

a non-dual status technician, not later than 30 days after

becoming eligible for an unreduced annuity and becoming 60

years of age; and

(II) in the case of a technician first hired as a technician

after February 10, 1996, and who on October 5, 1999, is a

non-dual status technician, not later than one year after the

date on which dual status is lost.

(3) An individual employed by the Army Reserve or the Air Force

Reserve as a non-dual status technician who is ineligible for

appointment to a military technician (dual status) position, or who

decides not to apply for appointment to such a position, or who,

during the period beginning on October 5, 1999, and ending on April

5, 2000, is not appointed to such a position, shall for

reduction-in-force purposes be in a separate competitive category

from employees who are military technicians (dual status).

(c) Unreduced Annuity Defined. - For purposes of this section, a

technician shall be considered to be eligible for an unreduced

annuity if the technician is eligible for an annuity under section

8336, 8412, or 8414 of title 5 that is not subject to a reduction

by reason of the age or years of service of the technician.

(d) Voluntary Personnel Action Defined. - In this section, the

term ''voluntary personnel action'', with respect to a non-dual

status technician, means any of the following:

(1) The hiring, entry, appointment, reassignment, promotion, or

transfer of the technician into a position for which the

Secretary concerned has established a requirement that the person

occupying the position be a military technician (dual status).

(2) Promotion to a higher grade if the technician is in a

position for which the Secretary concerned has established a

requirement that the person occupying the position be a military

technician (dual status).

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 522(a)(1), Oct. 5,

1999, 113 Stat. 595; amended Pub. L. 106-398, Sec. 1 ((div. A),

title V, Sec. 525(a), title X, Sec. 1087(a)(20)), Oct. 30, 2000,

114 Stat. 1654, 1654A-108, 1654A-291.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-398, Sec. 1 ((div. A), title

X, Sec. 1087(a)(20)(A)), substituted ''October 5, 1999,'' for ''the

date of the enactment of this section''.

Subsec. (a)(2). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

525(a)(1)(A)), inserted ''and is age 60 or older at that time''

after ''unreduced annuity''.

Subsec. (a)(3)(A). Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 525(a)(1)(B)), inserted ''or is under age 60 at that time''

after ''unreduced annuity'' in introductory provisions.

Subsec. (a)(3)(B)(i). Pub. L. 106-398, Sec. 1 ((div. A), title X,

Sec. 1087(a)(20)(B)), substituted ''October 5, 2000'' for ''the end

of the one-year period beginning on the date of the enactment of

this subsection''.

Subsec. (a)(3)(B)(ii)(I). Pub. L. 106-398, Sec. 1 ((div. A),

title V, Sec. 525(a)(1)(C)), inserted ''and becoming 60 years of

age'' after ''unreduced annuity''.

Subsec. (b)(1). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1087(a)(20)(A), (C)), substituted ''October 5, 1999,'' for ''the

date of the enactment of this section'' and ''April 5, 2000'' for

''six months after the date of the enactment of this section''.

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 525(a)(2)(A)),

inserted ''and is age 60 or older'' after ''unreduced annuity''.

Subsec. (b)(2)(A). Pub. L. 106-398, Sec. 1 ((div. A), title X,

Sec. 1087(a)(20)(A)), substituted ''October 5, 1999,'' for ''the

date of the enactment of this section'' in introductory provisions.

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 525(a)(2)(B)),

inserted ''or is under age 60'' after ''unreduced annuity'' in

introductory provisions.

Subsec. (b)(2)(B)(i). Pub. L. 106-398, Sec. 1 ((div. A), title X,

Sec. 1087(a)(20)(B)), substituted ''October 5, 2000'' for ''the end

of the one-year period beginning on the date of the enactment of

this subsection''.

Subsec. (b)(2)(B)(ii). Pub. L. 106-398, Sec. 1 ((div. A), title

X, Sec. 1087(a)(20)(A)), substituted ''October 5, 1999,'' for ''the

date of the enactment of this section'' in subcls. (I) and (II).

Subsec. (b)(2)(B)(ii)(I). Pub. L. 106-398, Sec. 1 ((div. A),

title V, Sec. 525(a)(2)(C)), inserted ''and becoming 60 years of

age'' after ''unreduced annuity''.

Subsec. (b)(3). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1087(a)(20)(D)), substituted ''during the period beginning on

October 5, 1999, and ending on April 5, 2000,'' for ''within six

months of the date of the enactment of this section''.

TRANSITION PROVISION

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 525(b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-109, as amended by Pub. L. 107-107,

div. A, title X, Sec. 1048(f)(1), Dec. 28, 2001, 115 Stat. 1228,

provided that:

''(1) An individual who before the date of the enactment of this

Act (Oct. 30, 2000) was involuntarily separated or retired from

employment as an Army Reserve or Air Force Reserve technician under

section 10218 of title 10, United States Code, and who would not

have been so separated if the provisions of subsections (a) and (b)

of that section, as amended by subsection (a), had been in effect

at the time of such separation may, with the approval of the

Secretary concerned, be reinstated to the technician status held by

that individual immediately before that separation. The effective

date of any such reinstatement is the date the employee resumes

technician status.

''(2) The authority under paragraph (1) applies only to

reinstatement for which an application is received by the Secretary

concerned before the end of the one-year period beginning on the

date of the enactment of this Act (Oct. 30, 2000).''

TEMPORARY PROVISION FOR EXTENSION OF TIME FOR SEPARATION OR

RETIREMENT

Pub. L. 106-65, div. A, title V, Sec. 522(a)(3), Oct. 5, 1999,

113 Stat. 597, provided that: ''During the six-month period

beginning on the date of the enactment of this Act (Oct. 5, 1999),

the provisions of subsections (a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I)

of section 10218 of title 10, United States Code, as added by

paragraph (1), shall be applied by substituting 'six months' for

'30 days'.''

-CITE-