---
kind: "section"
citation: "5 U.S.C. § 3329"
title: "5"
title_heading: "Government Organization and Employees"
number: "3329"
heading: "Appointments of military reserve technicians to positions in the competitive service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3329"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter I — Examination, Certification, and Appointment"
---

# §3329. Appointments of military reserve technicians to positions in the competitive service

- (a) For the purpose of this section, the term “military reserve technician” has the meaning given the term “[military technician (dual status)](/usc/5/8401.md?p=30)” by [section 8401(30)](/usc/5/8401.md?p=30).
- (b) The [Secretary](/usc/5/9901.md?p=2) of Defense shall take such steps as may be necessary to ensure that, except as provided in [subsection (d)](#d), any military reserve technician who is involuntarily separated from technician [service](/usc/5/8401.md?p=26), after completing at least 15 years of such [service](/usc/5/8401.md?p=26) and 20 years of [service](/usc/5/8401.md?p=26) creditable under [section 12732 of title 10](/usc/10/12732.md), by reason of ceasing to satisfy the condition described in [section 8401(30)(B)](/usc/5/8401.md)[^1] shall, if appropriate written application is submitted within 1 year after the date of separation, be provided placement consideration in a [position](/usc/5/5102.md?p=a-3) described in [subsection (c)](#c) through a priority placement program of the [Department](/usc/5/10101.md?p=4) of Defense.
- (c)
  - (1) The [position](/usc/5/5102.md?p=a-3) for which placement consideration shall be provided to a former military technician under [subsection (b)](#b) shall be a [position](/usc/5/5102.md?p=a-3)—
    - (A) in either the competitive [service](/usc/5/8401.md?p=26) or the excepted [service](/usc/5/8401.md?p=26);
    - (B) within the [Department](/usc/5/10101.md?p=4) of Defense; and
    - (C) in which the [person](/usc/5/7103.md?p=a-1) is qualified to serve, taking into consideration whether the [employee](/usc/5/4701.md?p=a-2) in that [position](/usc/5/5102.md?p=a-3) is required to be a [member](/usc/5/8401.md?p=20) of a reserve component of the armed forces as a condition of employment.
  - (2) To the maximum extent practicable, the [position](/usc/5/5102.md?p=a-3) shall also be in a [pay](/usc/5/7511.md?p=a-4) [grade](/usc/5/5102.md?p=a-5) or other [pay](/usc/5/7511.md?p=a-4) classification sufficient to ensure that the rate of [basic pay](/usc/5/8401.md?p=4) of the former military technician, upon appointment to the [position](/usc/5/5102.md?p=a-3), is not less than the rate of [basic pay](/usc/5/8401.md?p=4) last received by the former military technician for technician [service](/usc/5/8401.md?p=26) before separation.
- (d) This section shall not apply in the case of—
  - (1) an involuntary separation for cause on charges of misconduct or delinquency; or
  - (2) a technician who, as of the date of application under this section, is [eligible](/usc/5/4701.md?p=a-3) for immediate (including for disability) or early retirement under subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md) or under chapter 84.
- (e) The [Secretary](/usc/5/9901.md?p=2) of Defense shall, in consultation with the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) of Personnel Management, prescribe such regulations as may be necessary to carry out this section.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 102–484, div. A, title V, § 544(a), Oct. 23, 1992, 106 Stat. 2415; amended Pub. L. 104–106, div. A, title X, § 1037(a), Feb. 10, 1996, 110 Stat. 431; Pub. L. 105–85, div. A, title XI, § 1103, Nov. 18, 1997, 111 Stat. 1923; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293.)

## Notes

### Editorial Notes

### References in Text

Section 8401(30) of this title, referred to in subsecs. (a) and (b), was amended generally by Pub. L. 106–65, div. A, title V, § 522(c)(2), Oct. 5, 1999, 113 Stat. 597, and, as so amended, no longer contains a subpar. (B).

### Codification

Another section 3329 was renumbered section 3330 of this title.

### Amendments

2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(1)(A)], substituted “the term ‘military technician (dual status)’ ” for “such term”.

Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(1)(B)], substituted “section 12732 of title 10” for “section 1332 of title 10”.

1997—Subsec. (b). Pub. L. 105–85 struck out “a position described in subsection (c) not later than 6 months after the date of the application” after “program of the Department of Defense”.

1996—Subsec. (b). Pub. L. 104–106, § 1037(a)(1), substituted “be provided placement consideration in a position described in subsection (c) through a priority placement program of the Department of Defense” for “be offered”.

Subsec. (c). Pub. L. 104–106, § 1037(a)(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “The position to be offered shall be a position—

“(1) in the competitive service;

“(2) within the Department of Defense;

“(3) for which the individual is qualified; and

“(4) the rate of basic pay for which is not less than the rate last received for technician service before separation.”