II 

115TH CONGRESS 

1ST SESSION S. 766 

To amend titles 10 and 32, United States Code, to improve and enhance 

authorities relating to the employment, use, status, and benefits of military technicians (dual status), and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2017 

Mr. MANCHIN introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To amend titles 10 and 32, United States Code, to improve 

and enhance authorities relating to the employment, use, 

status, and benefits of military technicians (dual status), 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. IMPROVEMENT AND ENHANCEMENT OF AU4 THORITIES RELATING TO THE EMPLOYMENT, 

5 USE, AND STATUS OF MILITARY TECHNI6 CIANS (DUAL STATUS). 

7 (a) IN GENERAL.—The text of section 709 of title 

8 32, United States Code, as amended by sections 512 and 


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1 513 of the National Defense Authorization Act for Fiscal 

2 Year 2017 (Public Law 114–328), is further amended to 

3 read as follows: 

4 ‘‘(a) Under regulations prescribed by the Secretary 

5 of Defense, persons may be employed as technicians for 

6 the purposes of— 

7 ‘‘(1) the support of the readiness, organization, 

8 administration, instruction, or training of the Na9 tional Guard; 

10 ‘‘(2) the maintenance and repair of supplies 

11 and equipment or facilities issued to the National 

12 Guard or the armed forces; and 

13 ‘‘(3) the performance of the following additional 

14 duties to the extent that the performance of such 

15 duties does not interfere with the performance of the 

16 duties described by paragraphs (1) and (2): 

17 ‘‘(A) Support of operations or missions un18 dertaken by the technician’s unit at the request 

19 of the President or the Secretary of Defense. 

20 ‘‘(B) Support of Federal training oper21 ations or Federal training missions assigned in 

22 whole or in part to the technician’s unit. 

23 ‘‘(C) Instructing or training in the United 

24 States or the Commonwealth of Puerto Rico or 

25 possessions of the United States of— 


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1 ‘‘(i) active-duty members of the armed 

2 forces; 

3 ‘‘(ii) members of foreign military 

4 forces (under the same authorities and re5 strictions applicable to active-duty mem6 bers providing such instruction or train7 ing); 

8 ‘‘(iii) Department of Defense con9 tractor personnel; or 

10 ‘‘(iv) Department of Defense civilian 

11 employees. 

12 ‘‘(b) In this section, a technician is a person employed 

13 under subsection (a) who is an employee of the Depart14 ment of the Army or the Department of the Air Force, 

15 as the case may be, and an employee of the United States, 

16 and who is either of the following: 

17 ‘‘(1) A military technician (dual status) as de18 fined in section 10216(a) of title 10 who— 

19 ‘‘(A) is a member of the National Guard of 

20 the jurisdiction in which the person is em21 ployed; 

22 ‘‘(B) is outside the competitive service; 

23 ‘‘(C) holds the military grade specified 

24 pursuant to regulations prescribed by the Sec25 retary of Defense for that position; and 


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1 ‘‘(D) while performing duties as a military 

2 technician (dual status)— 

3 ‘‘(i) wears the uniform appropriate for 

4 the member’s grade and component of the 

5 armed forces; and 

6 ‘‘(ii) adheres to all military regula7 tions of the component concerned. 

8 ‘‘(2) A non-dual status technician as defined in 

9 section 10217 of title 10, in a technician position 

10 designated in accordance with regulations prescribed 

11 by the Secretary of Defense. 

12 ‘‘(c) The adjutants general referred to in section 314 

13 of this title shall appoint, employ, administer, detail, and 

14 assign the technicians authorized by this section. 

15 ‘‘(d) Notwithstanding any other provision of law and 

16 under regulations prescribed by the Secretary of De17 fense— 

18 ‘‘(1) a person employed under subsection (a) 

19 who is a military technician (dual status) and other20 wise subject to the requirements of subsection (b)(1) 

21 who— 

22 ‘‘(A) is separated from the National Guard 

23 shall be promptly separated from military tech24 nician (dual status) employment by the adju25 tant general of the jurisdiction concerned; or 


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1 ‘‘(B) ceases to hold the military grade 

2 specified by the Secretary concerned for that 

3 position or fails to maintain the security or 

4 other military standards established for a mem5 ber of a reserve component pursuant to regula6 tions prescribed by the Secretary of Defense 

7 that are required for that position shall be sep8 arated from employment as a military techni9 cian (dual status) and concurrently discharged 

10 from the National Guard by the adjutant gen11 eral of the jurisdiction concerned; 

12 ‘‘(2) a technician may, at any time, be sepa13 rated from technician employment for cause by the 

14 adjutant general of the jurisdiction concerned; 

15 ‘‘(3)(A) a reduction in force, furlough, removal, 

16 or other adverse action involving military technician 

17 (dual status) employment shall be accomplished by 

18 the adjutant general of the jurisdiction concerned, 

19 and neither the Secretary of Defense nor the Chief 

20 of the National Guard Bureau may order persons 

21 employed as military technicians (dual status) under 

22 subsection (a) to be furloughed; or 

23 ‘‘(B) a reduction in force, removal, or adverse 

24 action involving discharge from non-dual status tech25 nician employment, suspension, furlough without 


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1 pay, or reduction in rank or compensation shall be 

2 accomplished by the adjutant general of the jurisdic3 tion concerned; 

4 ‘‘(4)(A) in the case of a military technician 

5 (dual status) a right of appeal which may exist 

6 under paragraph (1), (2), or (3) shall be through 

7 military proceedings, and shall not extend beyond 

8 the adjutant general of the jurisdiction concerned 

9 when the appeal concerns activity occurring while 

10 the member is in a military pay status or military 

11 duty standards; or 

12 ‘‘(B) in the case of a non-dual status techni13 cian, a right of appeal which may exist with respect 

14 to paragraph (1), (2), or (3) shall not extend beyond 

15 the adjutant general of the jurisdiction concerned 

16 when the appeal concerns activity occurring while 

17 the member is in a military pay status or concerns 

18 military duty standards; 

19 ‘‘(5)(A) in the case of a military technician 

20 (dual status), under regulations prescribed by the 

21 Secretary of Defense, a right of appeal of the final 

22 decision of the adjutant general of the jurisdiction 

23 concerned which may exist under paragraph (1), (2), 

24 or (3) shall be to an administrative panel when the 

25 appeal concerns activities that occur while the techVerDate Sep 11 2014 02:20 Apr 01, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S766.IS S766

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1 nician is performing technician duties or that relate 

2 to aspects of technician employment not covered by 

3 paragraph (4), and the decision of the administra4 tive panel shall be binding upon the adjutant general 

5 of the jurisdiction concerned and may not be further 

6 appealed; or 

7 ‘‘(B) in the case of a non-dual status techni8 cian, with respect to an appeal concerning any activ9 ity not covered by paragraph (4), the provisions of 

10 sections 7511, 7512, and 7513 of title 5 and section 

11 717 of the Civil Rights Act of 1991 (42 U.S.C. 

12 2000e–16) shall apply; 

13 ‘‘(6) in the case of a military technician (dual 

14 status), with respect to an appeal of any final deci15 sion by the adjutant general of the jurisdiction con16 cerned alleging discrimination based upon race, 

17 color, religion, sex, or national origin (including an 

18 appeal of an action under paragraph (1), (2), or (3) 

19 that alleges such discrimination) in the non-military 

20 aspects of technician employment (but not in activi21 ties that occur while the military technician is in a 

22 military pay or duty status or that concern military 

23 duty standards), the provisions of section 717 of the 

24 Civil Rights Act of 1991 shall apply; 


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1 ‘‘(7) a technician shall be notified in writing of 

2 the termination of employment as a technician and, 

3 unless the technician is serving under a temporary 

4 appointment, is serving in a trial or probationary pe5 riod, or has voluntarily ceased to be a member of the 

6 National Guard when such membership is a condi7 tion of employment, such notification shall be given 

8 at least 30 days before the termination date of such 

9 employment; and 

10 ‘‘(8) a military technician (dual status) who is 

11 involuntarily separated from military technician 

12 (dual status) employment under paragraph (1) or 

13 (3), other than for misconduct, shall— 

14 ‘‘(A) be granted priority 1 consideration 

15 under the Department of Defense priority 

16 placement program; and 

17 ‘‘(B) be granted full eligibility under the 

18 Interagency Career Transition Assistance Plan 

19 (ICTAP) under subpart G of part 330 of title 

20 5, Code of Federal Regulations (5 C.F.R. 

21 330.701 et seq.). 

22 ‘‘(e)(1) Except as provided in subsection (d), sections 

23 2108, 3502, 7511, and 7512 of title 5 do not apply to 

24 a person employed under this section. 


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1 ‘‘(2) In addition to the sections referred to in para2 graph (1), section 6323(a)(1) of title 5 also does not apply 

3 to a person employed under this section who is performing 

4 active Guard and Reserve duty (as that term is defined 

5 in section 101(d)(6) of title 10). 

6 ‘‘(f)(1) Notwithstanding sections 5544(a) and 

7 6101(a) of title 5 or any other provision of law, the Sec8 retary concerned may prescribe the hours of duty for tech9 nicians. 

10 ‘‘(2) Notwithstanding sections 5542 and 5543 of title 

11 5 or any other provision of law, non-dual status techni12 cians shall be granted an amount of compensatory time 

13 off from their scheduled tour of duty equal to the amount 

14 of any time spent by them in irregular or overtime work, 

15 and shall not be entitled to compensation for such work. 

16 ‘‘(3) Notwithstanding sections 5542 and 5543 of title 

17 5 or any other provision of law and subject to the avail18 ability of funds, military technicians (dual status) shall be 

19 paid at a rate of one and one-half times their basic pay 

20 rate for irregular or overtime work, except that, upon re21 quest or when funds are unavailable, such technicians may 

22 be granted an amount of compensatory time off from their 

23 scheduled tour of duty equal to the amount of any time 

24 spent by them in irregular or overtime work. 


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1 ‘‘(g) The Secretary concerned may not prescribe for 

2 purposes of eligibility for Federal recognition under sec3 tion 301 of this title a qualification applicable to non-dual 

4 status technicians employed under subsection (a) that is 

5 not applicable pursuant to that section to the other mem6 bers of the National Guard in the same grade, branch, 

7 position, and type of unit or organization involved. How8 ever, the adjutant general of the jurisdiction concerned 

9 may prescribe such qualifications for military technicians 

10 (dual status). 

11 ‘‘(h) In this section: 

12 ‘‘(1) The term ‘military duty standards’ means 

13 requirements in law, regulation, or policy that are 

14 applicable to military service, including service in the 

15 National Guard or other reserve components of the 

16 armed forces or service on active duty in the armed 

17 forces. 

18 ‘‘(2) The term ‘military pay status’ means a pe19 riod of service where the amount of pay payable to 

20 a technician for that service is based on rates of 

21 military pay provided by title 37.’’. 

22 (b) ACCRUAL OF PAY FOR OVERTIME WORK CONTIN23 GENT UPON REGULATIONS.—No entitlement to payment 

24 for overtime work shall accrue under paragraph (3) of 

25 subsection (f) of section 709 of title 32, United States 


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1 Code, as amended by subsection (a), until the Secretary 

2 of Defense prescribes regulations relating to budgeted for 

3 and paying for overtime work of military technicians 

4 under that section. 

5 SEC. 2. ENHANCEMENT OF BENEFITS FOR MILITARY TECH6 NICIANS (DUAL STATUS). 

7 (a) BONUSES AND RELATED BENEFITS.—Section 

8 10216 of title 10, United States Code, is amended by add9 ing at the end the following new subsection: 

10 ‘‘(h) BONUSES AND RELATED BENEFITS.—(1) If an 

11 individual becomes employed as a military technician (dual 

12 status) while the individual is already a member of a re13 serve component of the armed forces, the Secretary con14 cerned may not require the individual to repay any enlist15 ment, reenlistment, or affiliation bonus provided to the in16 dividual in connection with the individual’s enlistment or 

17 reenlistment before such employment. 

18 ‘‘(2) Even though an individual employed as a mili19 tary technician (dual status) is required as a condition of 

20 that employment to maintain membership in the Selected 

21 Reserve, the individual shall not be precluded from receiv22 ing an enlistment, reenlistment, or affiliation bonus nor 

23 be denied the opportunity to participate in an educational 

24 loan repayment program under chapter 1609 of this title 


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1 as an additional incentive for the individual to accept and 

2 maintain such membership.’’. 

3 (b) ELIGIBILITY FOR TRICARE STANDARD AS MEM4 BERS OF THE SELECTED RESERVE.—Section 1076d(a)(2) 

5 of title 10, United States Code, is amended— 

6 (1) by striking ‘‘Paragraph (1) does not’’ and 

7 inserting ‘‘(A) Except as provided in subparagraph 

8 (B), paragraph (1) does not’’; and 

9 (2) by adding at the end the following new sub10 paragraph: 

11 ‘‘(B) Notwithstanding subparagraph (A), paragraph 

12 (1) applies to a member who is enrolled, or eligible to en13 roll, in a health benefits plan under chapter 89 of title 

14 5 if the member is a military technician (dual status) as 

15 described in section 10216(a) of this title.’’. 

16 SEC. 3. FISCAL YEAR 2018 END STRENGTHS FOR NATIONAL 

17 GUARD MILITARY TECHNICIANS (DUAL STA18 TUS). 

19 Notwithstanding any other provision of law, the min20 imum number of military technicians (dual status) as of 

21 the last day of fiscal year 2018 for the specified reserve 

22 components of the Army and the Air Force (notwith23 standing section 129 of title 10, United States Code) shall 

24 be the following: 


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1 (1) For the Army National Guard of the United 

2 States, 25,507. 

3 (2) For the Air National Guard of the United 

4 States, 22,103. 

5 SEC. 4. MODIFICATION OF REQUIREMENTS RELATING TO 

6 CONVERSION OF MILITARY TECHNICIAN 

7 (DUAL STATUS) POSITIONS. 

8 Section 1053(a) of the National Defense Authoriza9 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 

10 Stat. 10 U.S.C. 10216 note), as amended by section 

11 1084(a) of the National Defense Authorization Act for 

12 Fiscal Year 2017 (Public Law 114–328), is further 

13 amended by striking paragraphs (1) and (2) and inserting 

14 the following new paragraphs: 

15 ‘‘(1) IN GENERAL.—Commencing not earlier 

16 than October 1, 2017, the Secretary of Defense shall 

17 convert the military technician positions described in 

18 paragraph (2) to positions filled by individuals who 

19 are employed under section 3101 of title 5, United 

20 States Code, or section 1601 of title 10, United 

21 States Code, and are not military technicians. 

22 ‘‘(2) COVERED POSITIONS.—The positions de23 scribed in this paragraph are military technician 

24 (dual status) positions in general administration, 

25 clerical, finance, and office service occupations that 


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1 are identified by the Secretary of Defense as con2 vertible without affecting military readiness. 

3 ‘‘(3) LIMITATION ON NUMBER CONVERTED.— 

4 The total number of positions converted pursuant to 

5 this subsection may not exceed the number equal to 

6 4.8 percent of military technician (dual status) posi7 tions of the National Guard and the Reserves that 

8 are filled as of October 1, 2017.’’. 

9 SEC. 5. SCOPE OF AUTHORIZED DUTIES FOR MEMBERS OF 

10 THE NATIONAL GUARD CALLED TO ACTIVE 

11 GUARD AND RESERVE DUTY BY THE GOV12 ERNORS OF THE STATES. 

13 Section 328(b) of title 32, United States Code, is 

14 amended by inserting ‘‘, or additional duties in support 

15 of State missions,’’ after ‘‘additional duties specified in 

16 section 502(f) of this title’’. 

17 SEC. 6. MODIFICATION OF PERSONNEL MANAGEMENT AU18 THORITIES FOR THE CHIEF OF THE NA19 TIONAL GUARD BUREAU. 

20 Section 10508(b) of title 10, United States Code, as 

21 added by section 932(2) of the National Defense Author22 ization Act for Fiscal Year 2017 (Public Law 114–328), 

23 is amended— 

24 (1) in paragraph (1), by striking ‘‘may’’ and all 

25 that follows and inserting ‘‘may— 


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1 ‘‘(A) program for persons under sections 

2 2103, 2105, and 3101 of title 5, and section 

3 328 of title 32; and 

4 ‘‘(B) appoint, employ, administer, detail, 

5 and assign persons under sections 2103, 2105, 

6 and 3101 of title 5 within the National Guard 

7 Bureau and, with the consent and advice of the 

8 adjutant general of the jurisdiction concerned, 

9 the National Guard of each State, the Common10 wealth of Puerto Rico, the District of Columbia, 

11 Guam, and the Virgin Islands to execute the 

12 functions of the National Guard Bureau, the 

13 missions of the National Guard, and missions 

14 assigned by the Chief of the National Guard 

15 Bureau.’’; and 

16 (2) by striking paragraph (2) and inserting the 

17 following new paragraph (2): 

18 ‘‘(2) ADMINISTRATION THROUGH ADJUTANTS

19 GENERAL.—The adjutants general referred to in sec20 tion 314 of title 32 shall exercise the authority of 

21 the Chief of the National Guard Bureau under para22 graph (1)(B) to appoint, employ, administer, detail, 

23 and assign persons under sections 2103, 2105, and 

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1 tants general may delegate such authority to persons 

2 under sections 328 and 709 of title 32.’’. 

Æ 


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