PUBLIC LAW 105-85—NOV. 18, 1997 111 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 MILI- TARY 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 luiits 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 —Section 8016 of Public Law 104- 61 (109 Stat. 654; 10 U.S.C. 10101 note) is repealed.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 technicicins"; (B) by striking out "dual status military techniciguis" and inserting in lieu thereof "military technicians (dual status)"; and (C) by inserting "(dual status)" after "military technicians" in subparagraph (C).
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