Page:United States Statutes at Large Volume 113 Part 1.djvu/623

 PUBLIC LAW 106-65—OCT. 5, 1999 113 STAT. 599 SEC. 524. REVISION TO AUTHORITIES RELATING TO NATIONAL GUARD TECHNICIANS. Section 709 of title 32, United States Code, is amended to read as follows: ''§ 709. Technicians: employment, use, status "(a) Under regulations prescribed by the Secretary of the Army Regulations, 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 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) 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 nondual 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 tinder 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) 2ind concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned;

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