Military technician (dual status): elimination of title 32 authority; conversions of existing positions

(a) Termination of title 32 authority (1) In general Section 709 of title 32, United States Code, is amended by adding at the end the following subsection: (k) This section shall cease to be effective on October 1, 2038.. (2) Technical and conforming amendments (A) In general Effective October 1, 2038— (i) section 115(d) of title 10, United States Code, is amended by striking each reserve component of the Army and Air Force and inserting the Army Reserve and the Air Force Reserve; and (ii) section 10216(a)(1)(A) of title 10, United States Code, is amended by striking or section 709(b) of title 32. (B) National Guard Bureau personnel Section 10508(b)(1) of title 10, United States Code, is amended by inserting sections 1601 and 1762 of title 10, before or section 328 of title 32,. (C) Maintenance and repair duties Section 328(b) of title 32, United States Code, is amended by inserting maintaining and repairing supplies issued to the National Guard or the Armed Forces, before and training the reserve components. (b) Conversion authority The Secretary of Defense may convert a military technician (dual status) position filled by an individual employed under section 709 of title 32, United States Code, to either of the following: (1) A position filled by an individual employed under— (A) section 3101 of title 5, United States Code; or (B) section 1601, 1762, or 10508 of title 10, United States Code. (2) A position filled by an individual who is performing Active Guard and Reserve duty under section 328 of title 32, United States Code, unless such duty is performed as a general or flag officer. (c) Transfer authority In addition to the conversion authority under subsection (b), the Secretary of Defense may, with the consent of the Governor of the State concerned, for the purpose of reducing the number of National Guard military technician (dual status) positions, provide a State with funding for a non-Federal position for an individual employed in such position. Any such funding shall be provided through a cooperative agreement entered into with the State Governor under section 6305 of title 31, United States Code. (d) Consent of employee to conversion or transfer The Secretary of Defense may convert, pursuant to subsection (b), or transfer, pursuant to subsection (c), a filled position only with the written consent of the individual filling such position. (e) Reemployment An individual filling a military technician (dual status) position that is converted to Active Guard and Reserve duty pursuant to subsection (b)(2), waives any reemployment entitlement under section 4314 of title 38, United States Code, to another military technician (dual status) position but may assert reemployment rights to a civilian position employed under section 3101 of title 5, United States Code, or section 1601, 1762, or 10508 of title 10, United States Code if a similar position is reasonably available. (f) Automatic adjustment to end strength requirements Whenever a military technician (dual status) position is converted pursuant to subsection (b)(2)— (1) the applicable statutory annual end strength limitation for Active Guard and Reserve personnel within the Army and Air National Guards of the United States, in accordance with section 115 of title 10, United States Code, shall be increased accordingly. (2) the applicable statutory annual minimum end strength required for National Guard military technician (dual status) within the Army and Air National Guards of the United States, in accordance with section 115 of title 10, United States Code, shall be decreased accordingly. (g) Hiring freeze Beginning on October 1, 2028, no individual may be newly hired or employed, or rehired or reemployed, as a military technician (dual status) under section 709 of title 32, United States Code. (h) Definitions In this section— (1) the term military technician (dual status) has the meaning given such term in section 10216 of title 10, United States Code; and (2) the term State has the meaning given such term in section 901 of title 32, United States Code.

(a) Termination of title 32 authority (1) In general Section 709 of title 32, United States Code, is amended by adding at the end the following subsection: (k) This section shall cease to be effective on October 1, 2038.. (2) Technical and conforming amendments (A) In general Effective October 1, 2038— (i) section 115(d) of title 10, United States Code, is amended by striking each reserve component of the Army and Air Force and inserting the Army Reserve and the Air Force Reserve; and (ii) section 10216(a)(1)(A) of title 10, United States Code, is amended by striking or section 709(b) of title 32. (B) National Guard Bureau personnel Section 10508(b)(1) of title 10, United States Code, is amended by inserting sections 1601 and 1762 of title 10, before or section 328 of title 32,. (C) Maintenance and repair duties Section 328(b) of title 32, United States Code, is amended by inserting maintaining and repairing supplies issued to the National Guard or the Armed Forces, before and training the reserve components. (b) Conversion authority The Secretary of Defense may convert a military technician (dual status) position filled by an individual employed under section 709 of title 32, United States Code, to either of the following: (1) A position filled by an individual employed under— (A) section 3101 of title 5, United States Code; or (B) section 1601, 1762, or 10508 of title 10, United States Code. (2) A position filled by an individual who is performing Active Guard and Reserve duty under section 328 of title 32, United States Code, unless such duty is performed as a general or flag officer. (c) Transfer authority In addition to the conversion authority under subsection (b), the Secretary of Defense may, with the consent of the Governor of the State concerned, for the purpose of reducing the number of National Guard military technician (dual status) positions, provide a State with funding for a non-Federal position for an individual employed in such position. Any such funding shall be provided through a cooperative agreement entered into with the State Governor under section 6305 of title 31, United States Code. (d) Consent of employee to conversion or transfer The Secretary of Defense may convert, pursuant to subsection (b), or transfer, pursuant to subsection (c), a filled position only with the written consent of the individual filling such position. (e) Reemployment An individual filling a military technician (dual status) position that is converted to Active Guard and Reserve duty pursuant to subsection (b)(2), waives any reemployment entitlement under section 4314 of title 38, United States Code, to another military technician (dual status) position but may assert reemployment rights to a civilian position employed under section 3101 of title 5, United States Code, or section 1601, 1762, or 10508 of title 10, United States Code if a similar position is reasonably available. (f) Automatic adjustment to end strength requirements Whenever a military technician (dual status) position is converted pursuant to subsection (b)(2)— (1) the applicable statutory annual end strength limitation for Active Guard and Reserve personnel within the Army and Air National Guards of the United States, in accordance with section 115 of title 10, United States Code, shall be increased accordingly. (2) the applicable statutory annual minimum end strength required for National Guard military technician (dual status) within the Army and Air National Guards of the United States, in accordance with section 115 of title 10, United States Code, shall be decreased accordingly. (g) Hiring freeze Beginning on October 1, 2028, no individual may be newly hired or employed, or rehired or reemployed, as a military technician (dual status) under section 709 of title 32, United States Code. (h) Definitions In this section— (1) the term military technician (dual status) has the meaning given such term in section 10216 of title 10, United States Code; and (2) the term State has the meaning given such term in section 901 of title 32, United States Code.