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United States Code (Last Updated: May 24, 2014) |
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Title 32. NATIONAL GUARD |
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Chapter 7. SERVICE, SUPPLY, AND PROCUREMENT |
§ 709. Technicians: employment, use, status
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(a) Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsections (b) and (c), persons may be employed as technicians in— (1) the organizing, administering, instructing, or training of the National Guard; (2) the maintenance and repair of supplies issued to the National Guard or the armed forces; and (3) the performance of the following additional duties to the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2): (A) Support of operations or missions undertaken by the technician’s unit at the request of the President or the Secretary of Defense. (B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technician’s unit. (C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of— (i) active-duty members of the armed forces; (ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training); (iii) Department of Defense contractor personnel; or (iv) Department of Defense civilian employees. (b) Except as authorized in subsection (c), a person employed under subsection (a) must meet each of the following requirements: (1) Be a military technician (dual status) as defined in section 10216(a) of title 10. (2) Be a member of the National Guard. (3) Hold the military grade specified by the Secretary concerned for that position. (4) While performing duties as a military technician (dual status), wear the uniform appropriate for the member’s grade and component of the armed forces. (c) (1) A person may be employed under subsection (a) as a non-dual status technician (as defined by section 10217 of title 10) if the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician. (2) The total number of non-dual status technicians in the National Guard is specified in section 10217(c)(2) of title 10. (d) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title to employ and administer the technicians authorized by this section. (e) A technician employed under subsection (a) is an employee of the Department of the Army or the Department of the Air Force, as the case may be, and an employee of the United States. However, a position authorized by this section is outside the competitive service if the technician employed in that position is required under subsection (b) to be a member of the National Guard. (f) Notwithstanding any other provision of law and under regulations prescribed by the Secretary concerned— (1) a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the requirements of subsection (b) who— (A) is separated from the National Guard or ceases to hold the military grade specified by the Secretary concerned for that position shall be promptly separated from military technician (dual status) employment by the adjutant general of the jurisdiction concerned; and (B) fails to meet the military security standards established by the Secretary concerned for a member of a reserve component under his jurisdiction may be separated from employment as a military technician (dual status) and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned; (2) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned; (3) a reduction in force, removal, or an adverse action involving discharge from technician employment, suspension, furlough without pay, or reduction in rank or compensation shall be accomplished by the adjutant general of the jurisdiction concerned; (4) a right of appeal which may exist with respect to paragraph (1), (2), or (3) shall not extend beyond the adjutant general of the jurisdiction concerned; and (5) a technician shall be notified in writing of the termination of his employment as a technician and, unless the technician is serving under a temporary appointment, is serving in a trial or probationary period, or has voluntarily ceased to be a member of the National Guard when such membership is a condition of employment, such notification shall be given at least 30 days before the termination date of such employment. (g) Sections 2108, 3502, 7511, and 7512 of title 5 do not apply to a person employed under this section. (h) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may prescribe the hours of duty for technicians. Notwithstanding sections 5542 and 5543 of title 5 or any other provision of law, such technicians shall be granted an amount of compensatory time off from their scheduled tour of duty equal to the amount of any time spent by them in irregular or overtime work, and shall not be entitled to compensation for such work. (i) The Secretary concerned may not prescribe for purposes of eligibility for Federal recognition under section 301 of this title a qualification applicable to technicians employed under subsection (a) that is not applicable pursuant to that section to the other members of the National Guard in the same grade, branch, position, and type of unit or organization involved.
Historical And Revision
Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
709(a)
709(b)
709(c) 709(d)
709(e)
709(f) | 32:42 (1st par.). 32:42a (less 28 words before 1st proviso). 32:42 (2d par., and last sentence of 4th par.). 32:42 (3d par.). 32:42 (4th par., less last sentence). 32:42 (last par., less proviso). 32:42a (28 words before 1st proviso). 32:42 (proviso of last par.). | June 3, 1916, ch. 134, § 90; restated June 4, 1920, ch. 227, subch. I, § 46; restated Mar. 1, 1922, ch. 90; restated June 6, 1924, ch. 275, § 5; restated May 28, 1926, ch. 417, § 1; Apr. 21, 1928, ch. 397; June 19, 1935, ch. 277, § 6; June 13, 1940, ch. 343 (1st proviso under “National Guard”); restated Oct. 14, 1940, ch. 875, § 1, 54 Stat. 1134. |
In subsection (a), the words “may be spent” are substituted for the words “shall be available”. The reference to animals for military purposes and forage, bedding, and other supplies and services for them, is omitted as obsolete, since animals are not now authorized for the National Guard. The word “persons” is substituted for the word “help”. The words “Army National Guard” and “Air National Guard” are substituted for the words “organizations of all kinds”. The words “the support of” are omitted as surplusage. The words “A caretaker employed under this subsection” are substituted for the words “Moneys hereafter appropriated under the provisions of this title for compensation of help for care of material, animals, armament, and equipment, in the hands of the National Guard of the several States, Territories, and the District of Columbia shall be available for the hire of caretakers”. The words “and other duties that do not interfere with the performance of his duties as caretaker” are substituted for 32:42a (1st proviso). 32:42a (2d and 3d provisos) is omitted as executed.
In subsection (b), the words “However, if a unit has more than one caretaker” are substituted for the words “but if there are as many as two caretakers in any unit”. The words “under this section”, in the first sentence of the revised subsection, are inserted for clarity. The words “under this section”, in the second sentence of the revised subsection, are substituted for the words “paid to caretakers who belong to the National Guard, as herein authorized”. The words “under any of the provisions of this title” are omitted as surplusage.
In subsection (c), the words “or organizations thereof” are omitted as surplusage.
In subsection (d), the words “one commissioned officer * * * in a grade below major * * * for each pool set up under subsection (c) and for each squadron of the Air National Guard” are substituted for the words “one such officer not above the grade of captain for each heavier-than-air squadron; and one such officer not above the grade of captain for each pool”.
In subsection (e), the words “Funds appropriated by Congress” are substituted for the words “Funds hereafter appropriated under the provisions of this title for the support of”, in 32:42, and “such moneys”, in 32:42a. The words “are in addition to” are substituted for the words “shall be supplemental to”, in 32:42, and “may be used as supplemental to”, in 32:42a.
In subsection (f), the words “authorized to be employed under this section” are substituted for the words “authorized to be employed”. The words “person to employ them” are substituted for the words “by whom they shall be employed”. The words “by regulations” are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions.
Amendments
2006—Subsec. (a)(1). Pub. L. 109–364, § 525(d)(1)(A), substituted “organizing, administering, instructing, or” for “administration and”.
Subsec. (a)(3). Pub. L. 109–364, § 525(d)(1)(B)–(3), added par. (3).
1999—Pub. L. 106–65 amended section catchline and text generally, revising and restating provisions relating to employment, use, and status of technicians.
1997—Subsec. (b). Pub. L. 105–85 substituted “A technician” for “Except as prescribed by the Secretary concerned, a technician”.
1996—Subsec. (b). Pub. L. 104–106 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Except as prescribed by the Secretary concerned, a technician employed under subsection (a) shall, while so employed, be a member of the National Guard and hold the military grade specified by the Secretary concerned for that position.”
1994—Subsec. (e)(6). Pub. L. 103–337, § 1070(d)(5)(A), substituted “30 days before” for “thirty days prior to”.
Pub. L. 103–337, § 1070(b)(2), made technical correction to directory language of Pub. L. 103–160, § 524(c). See 1993 Amendment note below.
Subsec. (g)(2). Pub. L. 103–337, § 1070(d)(5)(B), substituted “paragraph (1)” for “clause (1) of this subsection”.
1993—Subsec. (e)(6). Pub. L. 103–160, § 524(c), as amended by Pub. L. 103–337, § 1070(b)(2), inserted “, unless the technician is serving under a temporary appointment, is serving in a trial or probationary period, or has voluntarily ceased to be a member of the National Guard when such membership is a condition of employment,” after “termination of his employment as a technician and”.
Subsec. (h). Pub. L. 103–160, § 524(d), struck out subsec. (h) which read as follows: “In no event shall the number of technicians employed under this section at any one time exceed 53,100.”
Subsec. (i). Pub. L. 103–160, § 523(a), added subsec. (i).
1980—Subsec. (f). Pub. L. 96–513, § 515(5), struck out “, United States Code,” after “title 5”.
Subsec. (g). Pub. L. 96–513, § 515(6), substituted “6101(a) of title 5” for “6102 of title 5, United States Code,” in two places, “5332 of title 5” for “5332 of title 5, United States Code” and “5543 of title 5” for “5543 of title 5, United States Code,”.
Subsec. (h). Pub. L. 96–513, § 515(7), struck out limitation of 49,200 technicians employed during the fiscal year beginning
1971—Subsec. (h). Pub. L. 92–119 increased number of technicians employable under section from 42,500 to 53,100 with exception that such number is fixed at 49,200 for fiscal year beginning
1968—Pub. L. 90–486 substituted “Technicians: employment, use, status” for “Caretakers and clerks” in section catchline.
Subsec. (a). Pub. L. 90–486 substituted provisions that persons may be employed as technicians in administration and training of National Guard and maintenance and repair of supplies issued to National Guard or armed forces for provisions that authorized the Secretaries of the Army and the Air Force to hire, out of funds allotted to them for the Army National Guard and the Air National Guard, respectively competent persons to care for material, armament, and equipment of the Army National Guard and Air National Guard, and provisions that a caretaker so employed may also perform clerical duties incidental to his employment and other duties that do not interfere with performance of his duties as caretaker.
Subsec. (b). Pub. L. 90–486 substituted provisions requiring, except as prescribed by the Secretary concerned, any technician employed to be a member of the National Guard and hold the military grade specified by the Secretary concerned for that position for provisions permitting civilians as well as enlisted men to be employed as caretakers, provided that if a unit has more than one caretaker, one of them must be an enlisted member, and provisions that any compensation under this section is in addition to compensation otherwise provided for a member of the National Guard.
Subsec. (c). Pub. L. 90–486 substituted provisions authorizing the Secretary concerned to designate adjutants general to employ and administer the technicians authorized by this section for provisions authorizing the Secretary concerned to place in a common pool for care, maintenance, and storage the material, armament, and equipment of the Army National Guard or Air National Guard, with proviso that not more than 15 caretakers be employed for each pool.
Subsec. (d). Pub. L. 90–486 substituted provisions that a technician employed under subsec. (a) is an employee of the particular department concerned, and an employee of the United States, with proviso that a position authorized by this section is outside competitive service if technician so employed is required under subsec. (b) to be a member of the National Guard, for provisions that one commissioned officer of the National Guard in a grade below major may be employed for each pool set up and for each squadron of the Air National Guard.
Subsec. (e). Pub. L. 90–486 substituted provisions authorizing the adjutant general of the jurisdiction concerned to separate from technicians employment any technician for the specified grounds, provisions requiring the technician concerned to be notified in writing of the termination of his employment at least 30 days prior to the termination date of such employment, and provisions granting a limited right of appeal from such termination, for provisions appropriating funds by Congress for the National Guard as additional to funds appropriated by the several states and territories, etc., and provisions making such funds available for the hire of caretakers and clerks.
Subsec. (f). Pub. L. 90–486 substituted provisions making inapplicable sections 2108, 3502, 7511, and 7512 of Title 5 to any person employed under this section for provisions authorizing the Secretary concerned to fix the salaries of clerks and caretakers and to designate the person to employ them, and provisions authorizing compensation to include the amounts of the employer’s contributions to retirement systems.
Subsecs. (g), (h). Pub. L. 90–486 added subsecs. (g) and (h).
1961—Subsec. (f). Pub. L. 87–224 provided that the authorized compensation may include employer’s contributions to retirement systems, and that such contributions shall not exceed 6½ per centum of the compensation upon which based.
Effective Date Of Amendment
Amendment by Pub. L. 106–65 effective 180 days after the date of receipt by Congress of the plan required by section 523(d) of Pub. L. 105–85, set out as a note under section 10217 of Title 10, Armed Forces, or a report by the Secretary of Defense providing an alternative proposal to the plan required by section 523(d), see section 525 of Pub. L. 106–65, set out as a note under section 10217 of Title 10.
Pub. L. 103–337, div. A, title X, § 1070(b),
Amendment by Pub. L. 96–513 effective
Pub. L. 90–486, § 11,
Short Title
Pub. L. 90–486, § 1,
Miscellaneous
Pub. L. 101–189, div. A, title V, § 506(a)–(c),
Pub. L. 100–456, div. A, title V, § 523,
[Pub. L. 103–160, div. A, title V, § 523(c),
Pub. L. 99–661, div. A, title VI, § 654,
Savings
Pub. L. 90–486, § 3,
[Pub. L. 101–530, § 3(b),
[“(1) General rule.—Except as provided in paragraph (2), the amendment made by section 2 [amending section 3 of Pub. L. 90–486, set out above] applies only with respect to an individual performing service as an officer or employee of the Government on or after the date of enactment of this Act [
[“(A) any annual leave accruing under section 6303 of title 5, United States Code, to the individual on or after such date; and
[“(B) the individual’s length of service for the purposes of entitlement to Federal employee death and disability compensation, group life insurance and health benefits, severance pay, tenure, and status.
[“(2) Exception.—
[“(A) Rule for individuals separating after
[“(B) Conditions for enrolling in a health benefits plan.—Any individual who satisfies the length of service requirement referred to in subparagraph (A) as a result of the application of the amendment made by section 2 shall be enrolled in a health benefits plan (described in section 8903 of such title) of such individual’s choice, if—
[“(i) application for enrollment is received by the Office of Personnel Management within one year after the date of the enactment of this Act; and
[“(ii) such individual would have qualified under section 8905(b)(1) of such title at the time of such individual’s separation.”]
Miscellaneous
Pub. L. 90–486, § 5(d),
Pub. L. 90–486, § 6,
Pub. L. 90–486, § 8,
Pub. L. 90–486, § 10,
Pub. L. 90–580, title II,
Similar provisions were contained in the following prior acts:
July 2, 1956, ch. 488, title V, 70 Stat. 466.
July 13, 1955, ch. 358, title V, 69 Stat. 313.
June 30, 1954, ch. 432, title VI, 68 Stat. 349.
Aug. 1, 1953, ch. 305, title V, 67 Stat. 349.
July 10, 1952, ch. 630, title V, 66 Stat. 530.
Oct. 18, 1951, ch. 512, title V, 65 Stat. 444.
Sept. 6, 1950, ch. 896, Ch. X, title V, 64 Stat. 751.
Oct. 29, 1949, ch. 787, title V, 63 Stat. 1017.
Pub. L. 90–580, title II,
Similar provisions were contained in the following prior acts:
July 2, 1956, ch. 488, title III, 70 Stat. 458.
July 13, 1955, ch. 358, title III, 69 Stat. 305.
June 30, 1954, ch. 432, title IV, 68 Stat. 340.
Aug. 1, 1953, ch. 305, title III, 67 Stat. 340.
July 10, 1952, ch. 630, title III, 66 Stat. 522.
Oct. 18, 1951, ch. 512, title III, 65 Stat. 435.
Sept. 6, 1950, ch. 896, Ch. X, title III, 64 Stat. 740.
Oct. 29, 1949, ch. 787, title III, 63 Stat. 1000.
June 24, 1948, ch. 632, 62 Stat. 662.
July 30, 1947, ch. 357, title I, 61 Stat. 564.