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. |
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.
Section 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, Pub. L. 88–352, title VII, as added Pub. L. 92–261, § 11,
2016—Subsec. (f)(4). Pub. L. 114–328, § 512(a)(1)(A), 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”.
Subsec. (f)(5), (6). Pub. L. 114–328, § 512(a)(1)(B), (C), added par. (5) and redesignated former par. (5) as (6).
Subsec. (g). Pub. L. 114–328, §§ 512(a)(2), 513, designated existing provisions as par. (1), substituted “Except as provided in subsection (f), sections” for “Sections”, and added par. (2).
Subsec. (j). Pub. L. 114–328, § 512(b), added subsec. (j).
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.
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,
Pub. L. 90–486, § 1,
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, “(a) A period of service performed under section 709 of title 32, United States Code (or under a prior corresponding provision of law), before “(b) 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 [“(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) 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 [
Pub. L. 90–486, § 3, “(a) A claim accrued under section 715 of title 32, 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 section 709 of title 32, United States Code, may, if otherwise allowable, be settled and paid under section 715 of title 32, United States Code.“(b) 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 section 709 of title 32, 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) All service under section 709 of title 32, 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.”
[Pub. L. 101–530, § 3(b),
[“(1)
[“(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)
[“(A)
[“(B)
[“(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.”]
Pub. L. 90–486, § 5(d),
Pub. L. 90–486, § 6, “(a) Notwithstanding section 709(d) of title 32, United States Code, a person who, on the date of enactment of this Act [“(b) A member of the National Guard of a State or the Commonwealth of Puerto Rico who was employed as a technician under section 709 of title 32, United States Code, or prior corresponding provision of law, who—“(1) was involuntarily ordered to active duty after “(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;and 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 section 709 of title 32, United States Code, make the election described in subsection (a) of this section, within thirty days following the date of his reemployment.“(c) 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 (26 U.S.C. 3111), 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 section 8334(a) of title 5, United States Code. Notwithstanding section 8332(b) of title 5, United States Code, as amended by section 5 of this Act, the service under section 709 of title 32, 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.”
Pub. L. 90–486, § 8, “(a) Except as provided in section 709(g) of title 32, United States Code, the Secretary concerned shall fix the rate of basic compensation of positions existing on the date of enactment of this Act [“(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) The conversion of positions and employees to appropriate grades of the General Schedule set forth in section 5332 of title 5, 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 section 5334(b) of title 5, United States Code, and the regulations issued thereunder.“(c) 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 section 5332 of title 5, 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) Each technician on the effective date of this Act whose position is converted to the General Schedule set forth in section 5332 of title 5, 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) 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 section 5332 of title 5, United States Code, or the appropriate prevailing rate schedule under authority of this section.”
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.