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 (span), 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, Puspan. L. 88–352, title VII, as added Puspan. L. 92–261, § 11, Mar. 24, 1972, 86 Stat. 111, which is classified to section 2000e–16 of Title 42, The Public Health and Welfare. The Civil Rights Act of 1991 does not contain a section 717.

2016—Subsec. (f)(4). Puspan. 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). Puspan. L. 114–328, § 512(a)(1)(B), (C), added par. (5) and redesignated former par. (5) as (6).

Subsec. (g). Puspan. 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). Puspan. L. 114–328, § 512(span), added subsec. (j).

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

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

1999—Puspan. L. 106–65 amended section catchline and text generally, revising and restating provisions relating to employment, use, and status of technicians.

1997—Subsec. (span). Puspan. L. 105–85 substituted “A technician” for “Except as prescribed by the Secretary concerned, a technician”.

1996—Subsec. (span). Puspan. L. 104–106 amended subsec. (span) generally. Prior to amendment, subsec. (span) 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). Puspan. L. 103–337, § 1070(d)(5)(A), substituted “30 days before” for “thirty days prior to”.

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

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

1993—Subsec. (e)(6). Puspan. L. 103–160, § 524(c), as amended by Puspan. L. 103–337, § 1070(span)(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). Puspan. 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). Puspan. L. 103–160, § 523(a), added subsec. (i).

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

Subsec. (g). Puspan. 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). Puspan. L. 96–513, § 515(7), struck out limitation of 49,200 technicians employed during the fiscal year beginning July 1, 1971.

1971—Subsec. (h). Puspan. 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 July 1, 1971.

1968—Puspan. L. 90–486 substituted “Technicians: employment, use, status” for “Caretakers and clerks” in section catchline.

Subsec. (a). Puspan. 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. (span). Puspan. 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). Puspan. 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). Puspan. 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. (span) 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). Puspan. 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). Puspan. 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). Puspan. L. 90–486 added subsecs. (g) and (h).

1961—Subsec. (f). Puspan. 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 Puspan. L. 106–65 effective 180 days after the date of receipt by Congress of the plan required by section 523(d) of Puspan. 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 Puspan. L. 106–65, set out as a note under section 10217 of Title 10.

Puspan. L. 103–337, div. A, title X, § 1070(span), Oct. 5, 1994, 108 Stat. 2856, provided that the amendment made by that section is effective as of Nov. 30, 1993, and as if included in the National Defense Authorization Act for Fiscal Year 1994, Puspan. L. 103–160, as enacted.

Amendment by Puspan. L. 96–513 effective Dec. 12, 1980, see section 701(span)(3) of Puspan. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Puspan. L. 90–486, § 11, Aug. 13, 1968, 82 Stat. 760, provided that: “This Act [see Short Title note below] becomes effective January 1, 1969, 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 January 1, 1969.”

Puspan. L. 90–486, § 1, Aug. 13, 1968, 82 Stat. 755, provided: “That this Act [amending this section and section 715 of this title, 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 section 418 of Title 42, 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’.”

Puspan. L. 101–189, div. A, title V, § 506(a)–(c), Nov. 29, 1989, 103 Stat. 1438, 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 Puspan. L. 103–160, div. A, title V, § 523(span)(2), Nov. 30, 1993, 107 Stat. 1656.

Puspan. L. 100–456, div. A, title V, § 523, Sept. 29, 1988, 102 Stat. 1974, as amended by Puspan. L. 101–189, div. A, title V, § 506(d), Nov. 29, 1989, 103 Stat. 1439; Puspan. L. 101–510, div. A, title XIV, § 1484(l)(2), Nov. 5, 1990, 104 Stat. 1719, which related to training of civilian technicians of Army National Guard at National Guard schools, was repealed by Puspan. L. 103–160, div. A, title V, § 523(span)(1), Nov. 30, 1993, 107 Stat. 1656.

[Puspan. L. 103–160, div. A, title V, § 523(c), Nov. 30, 1993, 107 Stat. 1656, provided that: “A civilian technician of the Army National Guard serving in an active status on the date of the enactment of this Act [Nov. 30, 1993] who under the provisions of law repealed by subsection (span) [repealing section 523 of Puspan. L. 100–456 and section 506(a)–(c) of Puspan. L. 101–189, 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 (span), 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.”]

Puspan. L. 99–661, div. A, title VI, § 654, Nov. 14, 1986, 100 Stat. 3890, provided that:

Puspan. L. 90–486, § 3, Aug. 13, 1968, 82 Stat. 756, as amended by Puspan. L. 101–530, § 2, Nov. 6, 1990, 104 Stat. 2338, provided that:

[Puspan. L. 101–530, § 3(span), Nov. 6, 1990, 104 Stat. 2339, provided that:

[“(1) General rule.—Except as provided in paragraph (2), the amendment made by section 2 [amending section 3 of Puspan. 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 [Nov. 6, 1990] and only to determine—

[“(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 december 31, 1968, and before the enactment of this act.—The amendment made by section 2 of this Act applies with respect to any individual who separated from Government employment after December 31, 1968, and before the date of the enactment of this Act [Nov. 6, 1990], for the purpose of determining whether such individual satisfies the length of service requirement under section 8901(3)(A) of title 5, 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.

[“(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(span)(1) of such title at the time of such individual’s separation.”]

Puspan. L. 90–486, § 5(d), Aug. 13, 1968, 82 Stat. 758, provided that: “Clause (4) of subsection (a) of this section [amending section 8332(span) of Title 5, Government Organization and Employees] and subsections (span) and (c) of this section [amending section 8334(c) and adding section 8339(l) of title 5] do not apply to any person employed prior to the effective date of this Act [see Effective Date note above] under section 709 of title 32, United States Code, whose employment under that section was covered by subchapter III of chapter 83 of title 5, United States Code.”

Puspan. L. 90–486, § 6, Aug. 13, 1968, 82 Stat. 758, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

Puspan. L. 90–486, § 8, Aug. 13, 1968, 82 Stat. 759, provided that:

Puspan. L. 90–486, § 10, Aug. 13, 1968, 82 Stat. 760, provided that: “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.”

Puspan. L. 90–580, title II, Oct. 17, 1968, 82 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:

Sept. 29, 1967, Puspan. L. 90–96, title II, 81 Stat. 236.

Oct. 15, 1966, Puspan. L. 89–687, title II, 80 Stat. 985.

Sept. 29, 1965, Puspan. L. 89–213, title II, 79 Stat. 868.

Aug. 19, 1964, Puspan. L. 88–466, title II, 78 Stat. 469.

Oct. 17, 1963, Puspan. L. 88–149, title II, 77 Stat. 259.

Aug. 9, 1962, Puspan. L. 87–577, title II, 76 Stat. 323.

Aug. 17, 1961, Puspan. L. 87–144, title II, 75 Stat. 370.

July 7, 1960, Puspan. L. 86–601, title II, 74 Stat. 344.

Aug. 18, 1959, Puspan. L. 86–166, title II, 73 Stat. 372.

Aug. 22, 1958, Puspan. L. 85–724, title V, 72 Stat. 723.

Aug. 2, 1957, Puspan. L. 85–117, title V, 71 Stat. 322.

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.

Puspan. L. 90–580, title II, Oct. 17, 1968, 82 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:

Sept. 29, 1967, Puspan. L. 90–96, title II, 81 Stat. 236.

Oct. 15, 1966, Puspan. L. 89–687, title II, 80 Stat. 984.

Sept. 29, 1965, Puspan. L. 89–213, title II, 79 Stat. 867.

Aug. 19, 1964, Puspan. L. 88–446, title II, 78 Stat. 469.

Oct. 17, 1963, Puspan. L. 88–149, title II, 77 Stat. 258.

Aug. 9, 1962, Puspan. L. 87–577, title II, 76 Stat. 322.

Aug. 17, 1961, Puspan. L. 87–144, title II, 75 Stat. 369.

July 7, 1960, Puspan. L. 86–601, title II, 74 Stat. 343.

Aug. 18, 1959, Puspan. L. 86–166, title II, 73 Stat. 371.

Aug. 22, 1958, Puspan. L. 85–724, title III, 72 Stat. 715.

Aug. 2, 1957, Puspan. L. 85–117, title III, 71 Stat. 315.

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.

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