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Sec. 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 subsection (b) of this section persons may be employed as technicians in -
- (1) the administration and training of the National Guard; and
- (2) the maintenance and repair of supplies issued to the
National Guard or the armed forces.
- (b) A technician employed under subsection (a) shall, while so employed -
- (1) be a member of the National Guard;
- (2) hold the military grade specified by the Secretary
concerned for that position; and
- (3) wear the uniform appropriate for the member's grade and
component of the armed forces while performing duties as a
technician.
- (c) 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.
- (d) 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 therein is required under subsection (b) to be a member of the National Guard.
- (e) Notwithstanding any other provision of law and under regulations prescribed by the Secretary concerned -
- (1) a technician who is employed in a position in which
National Guard membership is required as a condition of
employment and who is separated from the National Guard or ceases
to hold the military grade specified for his position by the
Secretary concerned shall be promptly separated from his
technician employment by the adjutant general of the jurisdiction
concerned;
- (2) a technician who is employed in a position in which
National Guard membership is required as a condition of
employment and who fails to meet the military security standards
established by the Secretary concerned for a member of a reserve
component of the armed force under his jurisdiction may be
separated from his employment as a technician and concurrently
discharged from the National Guard by the adjutant general of the
jurisdiction concerned;
- (3) a technician may, at any time, be separated from his
technician employment for cause by the adjutant general of the
jurisdiction concerned;
- (4) 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;
- (5) a right of appeal which may exist with respect to clause
- () a right of appeal which may exist with respect to clause
general of the jurisdiction concerned; 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.
- (f) Sections 2108, 3502, 7511, and 7512 [1] of title 5 do not apply to any person employed under this section.
[1] See References in Text note below.
- (g)
- (1) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may, in the case of technicians assigned to perform operational duties at air defense sites -
- (A) prescribe the hours of duties;
- (B) fix the rates of basic compensation; and
- (C) fix the rates of additional compensation; to reflect unusual tours of duty, irregular additional duty, and work on days that are ordinarily nonworkdays. Additional compensation under this subsection may be fixed on an annual basis and is determined as an appropriate percentage, not in excess of 12 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-10 of the General Schedule under section 5332 of title 5.
- (2) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may, for technicians other than those described in paragraph (1), 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.
- (h) Repealed. Pub. L. 103-160, div. A, title V, Sec. 524(d), Nov. 30, 1993, 107 Stat. 1657.)
- (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.
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