US Code

Public Law 119-87 (04/30/2026)

32 U.S.C. § 709

Technicians: employment, use, status

(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)
section 10216(a) of title 10 Be a military technician (dual status) as defined in .
(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)
section 10217 of title 10 A person may be employed under subsection (a) as a non-dual status technician (as defined by ) 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)
section 10217(c)(2) of title 10 The total number of non-dual status technicians in the National Guard is specified in .
(d)
section 314 of this title The Secretary concerned shall designate the adjutants general referred to in 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 when the appeal concerns activity occurring while the member is in a military pay status, or concerns fitness for duty in the reserve components;
(5)
1
1 See References in Text note below.
42 U.S.C. 2000e–16 with respect to an appeal concerning any activity not covered by paragraph (4), the provisions of sections 7511, 7512, and 7513 of title 5, and section 717 of the Civil Rights Act of 1991  () shall apply; and
(6)
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)
(1)
Except as provided in subsection (f), sections 2108, 3502, 7511, and 7512 of title 5 do not apply to a person employed under this section.
(2)
section 6323(a)(1) of title 5section 101(d)(6) of title 10 In addition to the sections referred to in paragraph (1), also does not apply to a person employed under this section who is performing active Guard and Reserve duty (as that term is defined in ).
(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)
section 301 of this title The Secretary concerned may not prescribe for purposes of eligibility for Federal recognition under 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.
(j)
In this section:
(1)
The term “military pay status” means a period of service where the amount of pay payable to a technician for that service is based on rates of military pay provided for under title 37.
(2)
The term “fitness for duty in the reserve components” refers only to military-unique service requirements that attend to military service generally, including service in the reserve components or service on active duty.

Aug. 10, 1956, ch. 1041 70A Stat. 614 Pub. L. 87–224, § 275 Stat. 496 Pub. L. 90–486, § 2(1)82 Stat. 755 Pub. L. 92–119, § 285 Stat. 340 Pub. L. 96–513, title V, § 515(5)94 Stat. 2937 Pub. L. 103–160, div. A, title V107 Stat. 1656 Pub. L. 103–337, div. A, title X, § 1070(b)(2)108 Stat. 2856 Pub. L. 104–106, div. A, title X, § 1038(a)110 Stat. 432 Pub. L. 105–85, div. A, title V, § 522(c)111 Stat. 1735 Pub. L. 106–65, div. A, title V, § 524113 Stat. 599 Pub. L. 109–364, div. A, title V, § 525(d)120 Stat. 2195 Pub. L. 114–328, div. A, title V130 Stat. 2112 (, ; , , ; , , ; , , ; –(7), , ; , §§ 523(a), 524(c), (d), , , 1657; , (d)(5), , , 2858; , , ; , , ; , , ; , , ; , §§ 512(a), (b), 513, , , 2113.)

Historical and Revision Notes

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.

June 25, 1938, ch. 688, 52 Stat. 1173.

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.

Editorial Notes

References in Text

Pub. L. 88–352, title VIIPub. L. 92–261, § 1186 Stat. 111 section 2000e–16 of Title 42Section 717 of the Civil Rights Act of 1991, referred to in subsec. (f)(5), probably means section 717 of the Civil Rights Act of 1964, , as added , , , which is classified to , The Public Health and Welfare. The Civil Rights Act of 1991 does not contain a section 717.

Amendments

Pub. L. 114–328, § 512(a)(1)(A)2016—Subsec. (f)(4). , substituted “when the appeal concerns activity occurring while the member is in a military pay status, or concerns fitness for duty in the reserve components;” for “; and”.

Pub. L. 114–328, § 512(a)(1)(B)Subsec. (f)(5), (6). , (C), added par. (5) and redesignated former par. (5) as (6).

Pub. L. 114–328Subsec. (g). , §§ 512(a)(2), 513, designated existing provisions as par. (1), substituted “Except as provided in subsection (f), sections” for “Sections”, and added par. (2).

Pub. L. 114–328, § 512(b)Subsec. (j). , added subsec. (j).

Pub. L. 109–364, § 525(d)(1)(A)2006—Subsec. (a)(1). , substituted “organizing, administering, instructing, or” for “administration and”.

Pub. L. 109–364, § 525(d)(1)(B)Subsec. (a)(3). –(3), added par. (3).

Pub. L. 106–651999— amended section catchline and text generally, revising and restating provisions relating to employment, use, and status of technicians.

Pub. L. 105–851997—Subsec. (b). substituted “A technician” for “Except as prescribed by the Secretary concerned, a technician”.

Pub. L. 104–1061996—Subsec. (b). 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.”

Pub. L. 103–337, § 1070(d)(5)(A)1994—Subsec. (e)(6). , substituted “30 days before” for “thirty days prior to”.

Pub. L. 103–337, § 1070(b)(2)Pub. L. 103–160, § 524(c), made technical correction to directory language of . See 1993 Amendment note below.

Pub. L. 103–337, § 1070(d)(5)(B)Subsec. (g)(2). , substituted “paragraph (1)” for “clause (1) of this subsection”.

Pub. L. 103–160, § 524(c)Pub. L. 103–337, § 1070(b)(2)1993—Subsec. (e)(6). , as amended by , 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”.

Pub. L. 103–160, § 524(d)Subsec. (h). , 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.”

Pub. L. 103–160, § 523(a)Subsec. (i). , added subsec. (i).

Pub. L. 96–513, § 515(5)1980—Subsec. (f). , struck out “, United States Code,” after “title 5”.

Pub. L. 96–513, § 515(6)Subsec. (g). , 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,”.

Pub. L. 96–513, § 515(7)Subsec. (h). , struck out limitation of 49,200 technicians employed during the fiscal year beginning .

Pub. L. 92–1191971—Subsec. (h). 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 .

Pub. L. 90–4861968— substituted “Technicians: employment, use, status” for “Caretakers and clerks” in section catchline.

Pub. L. 90–486Subsec. (a). 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.

Pub. L. 90–486Subsec. (b). 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.

Pub. L. 90–486Subsec. (c). 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.

Pub. L. 90–486Subsec. (d). 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.

Pub. L. 90–486Subsec. (e). 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.

Pub. L. 90–486Subsec. (f). 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.

Pub. L. 90–486Subsecs. (g), (h). added subsecs. (g) and (h).

Pub. L. 87–2241961—Subsec. (f). 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Pub. L. 106–65section 523(d) of Pub. L. 105–85section 10217 of Title 10section 525 of Pub. L. 106–65section 10217 of Title 10Amendment by effective 180 days after the date of receipt by Congress of the plan required by , set out as a note under , Armed Forces, or a report by the Secretary of Defense providing an alternative proposal to the plan required by section 523(d), see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title X, § 1070(b)108 Stat. 2856 Pub. L. 103–160, , , provided that the amendment made by that section is effective as of , and as if included in the National Defense Authorization Act for Fiscal Year 1994, , as enacted.

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.

Effective Date of 1968 Amendment

Pub. L. 90–486, § 1182 Stat. 760

“This Act [see Short Title note below] becomes effective , except that no deductions or withholding from salary which result therefrom shall commence before the first day of the first pay period that begins on or after .”
, , , provided that:

Short Title

Pub. L. 90–486, § 182 Stat. 755

section 715 of this titlesection 418 of Title 42“That this Act [amending this section and , sections 2105, 8332, 8334, and 8339 of Title 5, Government Organization and Employees, sections 3848, 3851, 8848, and 8851 of Title 10, Armed Forces, and , The Public Health and Welfare, and enacting provisions set out as notes under this section] may be cited as the ‘National Guard Technicians Act of 1968’.”
, , , provided:

Military Education for Army National Guard Civilian Technicians

Pub. L. 101–189, div. A, title V, § 506(a)103 Stat. 1438 Pub. L. 103–160, div. A, title V, § 523(b)(2)107 Stat. 1656 –(c), , , 1439, which related to attendance by civilian technicians of Army National Guard in Battle Skills Course and military promotions, courses and training meeting requirements of reserve component noncommissioned officers education program, and submission by Secretary of the Army to committees of Congress of a plan to use State and National Guard Bureau regional academies to provide portion of Reserve Component Noncommissioned Officers Education System specifically related to military occupational specialties, was repealed by , , .

Pub. L. 100–456, div. A, title V, § 523102 Stat. 1974 Pub. L. 101–189, div. A, title V, § 506(d)103 Stat. 1439 Pub. L. 101–510, div. A, title XIV, § 1484l104 Stat. 1719 Pub. L. 103–160, div. A, title V, § 523(b)(1)107 Stat. 1656 , , , as amended by , , ; ()(2), , , which related to training of civilian technicians of Army National Guard at National Guard schools, was repealed by , , .

Pub. L. 103–160, div. A, title V, § 523(c)107 Stat. 1656

section 523 of Pub. L. 100–456Pub. L. 101–189“A civilian technician of the Army National Guard serving in an active status on the date of the enactment of this Act [] who under the provisions of law repealed by subsection (b) [repealing and section 506(a)–(c) of , formerly set out as notes above] (or under other Department of the Army policy in effect on the day before such date of enactment) was granted credit on the technician’s military record for the completion of certain education and training courses shall retain such credit, notwithstanding the provisions of subsections (a) [amending this section] and (b), for a period determined by the Secretary of the Army. Such a period may not terminate, in the case of any such civilian technician, before the effective date of such civilian technician’s next mililitary [sic] promotion.”
[, , , provided that: ]

Retirement Credit for Certain Former National Guard Technicians

Pub. L. 99–661, div. A, title VI, § 654100 Stat. 3890

“(a)

Civil Service Retirement Credit .—

section 709 of title 32A period of service performed under , United States Code (or under a prior corresponding provision of law), before , which would not otherwise be creditable under subchapter III of chapter 83 of title 5, United States Code, because of the antepenultimate sentence of section 8332(b) of such title, shall be considered creditable service under such subchapter, notwithstanding such sentence, in the case of an individual described in subsection (b).
“(b)

Covered Individuals .—

Subsection (a) applies in the case of an individual who—
“(1)
before the end of the 14-month period beginning on the date of the enactment of this Act [], files appropriate written application with the Office of Personnel Management in accordance with regulations under subsection (c);
“(2)
at the time of filing application under paragraph (1), is employed by the United States and is subject to subchapter III of chapter 83 of title 5, United States Code (other than under section 8344 of such title); and
“(3)
before the date of the separation on which entitlement to an annuity under subchapter III of chapter 83 of title 5, United States Code, is based, makes an appropriate deposit under section 8334(c) of such title with respect to the period of service involved, based on the percentage of basic pay for such service which would be required under such section if such service had been performed as an employee under such subchapter.
“(c)

Regulations .—

The Office of Personnel Management shall prescribe regulations to carry out subsection (a). Such regulations shall be prescribed not later than 60 days after the date of the enactment of this Act [].”
, , , provided that:

Savings Provision for Accrued Claims; Conversion to Federal Employee Status; Credit for Past Service; Leave Credit

Pub. L. 90–486, § 382 Stat. 756 Pub. L. 101–530, § 2104 Stat. 2338

“(a)
section 715 of title 32section 709 of title 32section 715 of title 32 A claim accrued under , United States Code, before the effective date of this Act [see effective date note above] by reason of the act or omission of a person employed under , United States Code, may, if otherwise allowable, be settled and paid under , United States Code.
“(b)
section 709 of title 32 Except as provided in this Act and in the amendments made by this Act [see Short Title note above] and notwithstanding any law, rule, regulation, or decision to the contrary, the positions of persons employed under , United States Code, existing on the day before the effective date of this Act, and the persons holding those positions on that day, shall, on and after that effective date, be considered to be positions in and employees of the Department of the Army or the Department of the Air Force, as the case may be, and employees of the United States to the same extent as other positions in and employees of the Department of the Army or the Department of the Air Force. Such positions shall be outside the competitive service, if, as a condition of employment, the persons employed therein were, on the day before the effective date of this Act, required to be members of the Army National Guard or the Air National Guard.
“(c)
section 709 of title 32 All service under , United States Code, or prior corresponding provision of law, performed before the effective date of this Act shall be included and credited in the determination of length of service for the purposes of leave, Federal employees death and disability compensation, group life and health insurance, severance pay, tenure, and status.
“(d)
Annual leave and sick leave to which a technician was entitled on the day before the conversion of his position, as provided in subsection (b) of this section, shall be credited to him in his new position.”
, , , as amended by , , , provided that:

Pub. L. 101–530, § 3(b)104 Stat. 2339 [, , , provided that:

General rulesection 3 of Pub. L. 90–486[“(1) .—Except as provided in paragraph (2), the amendment made by section 2 [amending , 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 [] and only to determine—

section 6303 of title 5[“(A) any annual leave accruing under , 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.

Exception.—[“(2)

Rule for individuals separating after , and before the enactment of this actsection 8901(3)(A) of title 5[“(A) .—The amendment made by section 2 of this Act applies with respect to any individual who separated from Government employment after , and before the date of the enactment of this Act [], for the purpose of determining whether such individual satisfies the length of service requirement under , United States Code (relating to the definition of the term ‘annuitant’, as in effect at the time of such individual’s separation) for the purposes of chapter 89 of such title.

Conditions for enrolling in a health benefits plan[“(B) .—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.”]

Persons Employed Prior to , Whose Employment Was Covered by Civil Service Retirement Provisions

Pub. L. 90–486, § 5(d)82 Stat. 758

section 8332(b) of Title 5lsection 709 of title 32“Clause (4) of subsection (a) of this section [amending , Government Organization and Employees] and subsections (b) and (c) of this section [amending section 8334(c) and adding section 8339() of title 5] do not apply to any person employed prior to the effective date of this Act [see Effective Date note above] under , United States Code, whose employment under that section was covered by subchapter III of chapter 83 of title 5, United States Code.”
, , , provided that:

Election To Remain Under State Retirement System; Reemployed Technicians; Continuation of Federal Contributions

Pub. L. 90–486, § 682 Stat. 758 Pub. L. 99–514, § 2100 Stat. 2095

“(a)
section 709(d) of title 32section 709 of title 32 Notwithstanding , United States Code, a person who, on the date of enactment of this Act [], is employed under , United States Code, and is covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, may elect, not later than the effective date of this Act [see Effective Date note above], not to be covered by subchapter III of chapter 83 of title 5, United States Code, and with the consent of the State concerned or Commonwealth of Puerto Rico, to remain covered by the employee retirement system of, or plan sponsored by, that State or the Commonwealth of Puerto Rico. Unless such an election, together with a statement of approval by the State concerned or the Commonwealth of Puerto Rico, is filed with the Secretary of the Army or the Secretary of the Air Force, as appropriate, on or before the effective date of this Act, the person concerned is covered by subchapter III of chapter 83 of title 5, United States Code, as of that date.
“(b)
section 709 of title 32 A member of the National Guard of a State or the Commonwealth of Puerto Rico who was employed as a technician under , United States Code, or prior corresponding provision of law, who—
“(1)
was involuntarily ordered to active duty after , from that employment and has not been released from that duty prior to the effective date of this Act [see Effective Date note above]; or
“(2)
is on active duty under section 265 [see 10211], 3015, 3033, 3496 [see 12402], 8033 or 8496 [see 12402] of title 10, United States Code, on the effective date of this Act;
section 709 of title 32and was covered by a retirement system or plan of a State or the Commonwealth of Puerto Rico, may, if he is reemployed within sixty days under , United States Code, make the election described in subsection (a) of this section, within thirty days following the date of his reemployment.
“(c)
26 U.S.C. 3111section 8334(a) of title 5section 8332(b) of title 5section 709 of title 32 In the case of any person who files a valid election under this section to remain covered by an employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, the United States may pay the amount of the employer’s contributions to that system or plan that become due for periods beginning on or after the effective date of this Act [see Effective Date note above]. However, the payment by the United States, including any contribution that may be made by the United States toward the employer’s tax imposed by section 3111 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], as amended (), may not exceed the amount which the employing agency would otherwise contribute on behalf of the person to the Civil Service Retirement and Disability Fund under , United States Code. Notwithstanding , United States Code, as amended by section 5 of this Act, the service under , United States Code, or prior corresponding provision of law, of a person who has made an election to remain covered by the employee retirement system of, or plan sponsored by, a State or the Commonwealth of Puerto Rico, shall not be creditable toward eligibility for or amount of annuity under subchapter III of chapter 83 of title 5, United States Code. A person who retires pursuant to his valid election shall not be eligible for any rights, benefits, or privileges to which retired civilian employees of the United States may be entitled.”
, , , as amended by , , , provided that:

Compensation Rates; Conversion and Adjustment of Compensation to the General Schedule

Pub. L. 90–486, § 882 Stat. 759

“(a)
section 709(g) of title 32section 5341 of title 5 Except as provided in , United States Code, the Secretary concerned shall fix the rate of basic compensation of positions existing on the date of enactment of this Act [] in accordance with the General Schedule set forth in section 5332, or under the appropriate prevailing rate schedule in accordance with , United States Code, as applicable. In fixing such rate—
“(1)
If the technician is receiving a rate of basic compensation which is less than the minimum rate of the appropriate grade of the General Schedule, or which is less than the minimum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, his basic compensation shall be increased to that minimum rate.
“(2)
If the technician is receiving a rate of basic compensation which is equal to a rate of the appropriate grade of the General Schedule, or which is equal to a rate of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at that rate of the General Schedule, or at that rate under the prevailing rate schedule, as applicable.
“(3)
If the technician is receiving a rate of basic compensation which is between two rates of the appropriate grade of the General Schedule, or which is between two rates of the appropriate grade or compensation level under the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall receive basic compensation at the higher of those two rates under the General Schedule or appropriate prevailing rate schedule, as applicable.
“(4)
If the technician is receiving a rate of basic compensation which is in excess of the maximum rate of the appropriate grade of the General Schedule, or which is in excess of the maximum rate of the appropriate grade or compensation level of the appropriate prevailing rate schedule, as applicable, in which his position is placed, he shall continue to receive basic compensation without change in rate until—
“(A)
he leaves that position, or
“(B)
he is entitled to receive basic compensation at a higher rate,
but, when any such position becomes vacant, the rate of basic compensation of any subsequent appointee thereto shall be fixed in the manner provided by applicable law and regulation.
“(b)
section 5332 of title 5section 5334(b) of title 5 The conversion of positions and employees to appropriate grades of the General Schedule set forth in , United States Code, and the initial adjustment of rates of basic compensation of those positions and technicians, provided for by this Act [see Short Title note above], shall not be considered to be transfers or promotions within the meaning of , United States Code, and the regulations issued thereunder.
“(c)
section 5332 of title 5 Each technician on the effective date of this Act [see Effective Date note above], whose position is converted to the General Schedule set forth in , United States Code, or to the appropriate prevailing rate schedule, as applicable, who prior to the initial adjustment of his rate of basic compensation under subsection (a) of this section, has earned, but has not been credited with, an increase in that rate, shall be granted credit for such increase before his rate of basic compensation is initially adjusted under that subsection.
“(d)
section 5332 of title 5 Each technician on the effective date of this Act whose position is converted to the General Schedule set forth in , United States Code, or to the appropriate prevailing rate schedule, as applicable, shall be granted credit, for purposes of his first step increase under the General Schedule or prevailing rate schedule, for all satisfactory service performed by him since his last increase in compensation prior to the initial adjustment of his rate of basic compensation under subsection (a) of this section.
“(e)
section 5332 of title 5 An increase in rate of basic compensation by reason of the enactment of subsection (a) of this section shall not be considered to be an equivalent increase with respect to step increases for technicians whose positions are converted to the General Schedule set forth in , United States Code, or the appropriate prevailing rate schedule under authority of this section.”
, , , provided that:

Regulations: Approval by Secretary of Defense; Uniformity

Pub. L. 90–486, § 1082 Stat. 760

“Regulations prescribed by the Secretary of the Army and Secretary of the Air Force under this Act [see Short Title note above] shall be approved by the Secretary of Defense and shall, so far as practicable, be uniform.”
, , , provided that:

Number of Caretakers for Air National Guard

Pub. L. 90–580, title II82 Stat. 1124 , , , provided that the number of caretakers authorized to be employed under this section may be such as is deemed necessary by the Secretary of the Air Force and that they may be employed without regard to their military rank as members of the Air National Guard.

Similar provisions were contained in the following prior acts:

Pub. L. 90–96, title II81 Stat. 236 , , .

Pub. L. 89–687, title II80 Stat. 985 , , .

Pub. L. 89–213, title II79 Stat. 868 , , .

Pub. L. 88–466, title II78 Stat. 469 , , .

Pub. L. 88–149, title II77 Stat. 259 , , .

Pub. L. 87–577, title II76 Stat. 323 , , .

Pub. L. 87–144, title II75 Stat. 370 , , .

Pub. L. 86–601, title II74 Stat. 344 , , .

Pub. L. 86–166, title II73 Stat. 372 , , .

Pub. L. 85–724, title V72 Stat. 723 , , .

Pub. L. 85–117, title V71 Stat. 322 , , .

July 2, 1956, ch. 488 70 Stat. 466 , title V, .

July 13, 1955, ch. 358 69 Stat. 313 , title V, .

June 30, 1954, ch. 432 68 Stat. 349 , title VI, .

Aug. 1, 1953, ch. 305 67 Stat. 349 , title V, .

July 10, 1952, ch. 630 66 Stat. 530 , title V, .

Oct. 18, 1951, ch. 512 65 Stat. 444 , title V, .

Sept. 6, 1950, ch. 896 64 Stat. 751 , Ch. X, title V, .

Oct. 29, 1949, ch. 787 63 Stat. 1017 , title V, .

Number of Caretakers for Army National Guard

Pub. L. 90–580, title II82 Stat. 1124 , , , provided that the number of caretakers authorized to be employed under this section and those necessary to provide reimbursable services for the military departments, may be such as is deemed necessary by the Secretary of the Army.

Similar provisions were contained in the following prior acts:

Pub. L. 90–96, title II81 Stat. 236 , , .

Pub. L. 89–687, title II80 Stat. 984 , , .

Pub. L. 89–213, title II79 Stat. 867 , , .

Pub. L. 88–446, title II78 Stat. 469 , , .

Pub. L. 88–149, title II77 Stat. 258 , , .

Pub. L. 87–577, title II76 Stat. 322 , , .

Pub. L. 87–144, title II75 Stat. 369 , , .

Pub. L. 86–601, title II74 Stat. 343 , , .

Pub. L. 86–166, title II73 Stat. 371 , , .

Pub. L. 85–724, title III72 Stat. 715 , , .

Pub. L. 85–117, title III71 Stat. 315 , , .

July 2, 1956, ch. 488 70 Stat. 458 , title III, .

July 13, 1955, ch. 358 69 Stat. 305 , title III, .

June 30, 1954, ch. 432 68 Stat. 340 , title IV, .

Aug. 1, 1953, ch. 305 67 Stat. 340 , title III, .

July 10, 1952, ch. 630 66 Stat. 522 , title III, .

Oct. 18, 1951, ch. 512 65 Stat. 435 , title III, .

Sept. 6, 1950, ch. 896 64 Stat. 740 , Ch. X, title III, .

Oct. 29, 1949, ch. 787 63 Stat. 1000 , title III, .

June 24, 1948, ch. 632 62 Stat. 662 , .

July 30, 1947, ch. 357 61 Stat. 564 , title I, .

July 16, 1946, ch. 583 60 Stat. 556 , .