National Guard military technician (dual status) conversions and phase-out

(a) Conversion authority Subject to subsection (c), the Secretary of Defense may convert a National Guard 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 section 3101 of title 5, United States Code, or sections 1601, 1762, and 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 prohibited by section 101(d)(6)(B)(iv) of title 10, United States Code. (b) Transfer authority In addition to the conversion authority under subsection (a), the Secretary of Defense may, with agreement by the applicable State Governor, 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. (c) Consent of employee to conversion or transfer The Secretary of Defense may not convert a position under subsection (a) or transfer a position under subsection (b) that is not vacant without the written consent of the individual filling the position being converted or transferred. (d) Re-employment An individual filling a military technician (dual status) position that is converted to Active Guard and Reserve duty under subsection (a)(2), waives any re-employment entitlement under section 4314 of title 38, United States Code, to another National Guard military technician (dual status) position but may assert re-employment rights to a civilian position employed under section 3101 of title 5, United States Code, or sections 1601, 1762, and 10508 of title 10, United States Code if a similar position is reasonably available. (e) Adjustment to end strength requirements (1) Whenever a military technician (dual status) position is converted under the authority in subsection (a)(2), 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) Whenever a military technician (dual status) position converted under subsection (a)(2), the applicable statutory annual minimum end strength required for National Guard military technician (dual status) within the Army and Air National Guard of the United States in accordance with section 115 of title 10, United States Code, shall be decreased accordingly. (f) 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. (g) 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. (h) Hiring freeze Beginning on October 1, 2028, no individual may be newly hired or employed, or rehired or reemployed, as a National Guard military technician (dual status) under section 709 of title 32, United States Code. (i) Termination of authority Section 709 of title 32, United States Code, is amended by adding at the end the following subsection: (k) Termination of authority (1) Subject to paragraph (2), this section shall cease to be in effect as of October 1, 2038. (2) The Secretary of Defense may, with agreement by the applicable State governor, authorize the continued employment of military technicians (dual status) to the extent necessary to ensure adequate State disaster response capabilities within such States. (3) The termination of authority under this subsection shall not affect the employment, rights, and benefits of individual employees who, as of such date, are within three years of earning an unreduced Federal civilian annuity.. (j) Military technician (dual status) end strengths (1) 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. (2) The amendment made by subparagraph (A) shall take effect on October 1, 2038. (k) Definition of military technician (dual status) Section 10216(a)(1)(A) of title 10, United States Code, is amended by striking or section 709(b) of title 32 before the semicolon. (l) Prohibition on use of Department of Defense funding for National Guard military technician (dual status) compensation Subject to the provisions of section 709(k) of title 32, United States Code, funds appropriated for the Department of Defense may not be used for compensation of any individual employed as a National Guard military technician (dual status) after October 1, 2048. (m) Definitions In this section: (1) The term military technician (dual status) has the meaning given such term in section 709(a) of title 32, United States Code. (2) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.