Page:United States Statutes at Large Volume 82.djvu/797

 82 STAT. ]

PUBLIC LAW 90-486-AUG. 13, 1968

month following the date of enactment. However, notwithstanding any other provision of this Act, any member to whom section 1431 of title 10, United States Code, applies on the date of enactment of this Act may, before the first day of the thirteenth calendar month beginning after the date of enactment of this Act, submit a written application to the Secretary concerned requesting that an election or a change or revocation of election made by such member prior to the date of enactment of this Act shall continue to be governed by the provisions of section 1431 (b) or (c) of title 10, United States Code, as in eflfect on the day before the date of enactment of this Act. Approved August 13, 1968.

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Public Law 90-486 AN ACT To clarify the s t a t u s of National Guard technicians, and for other purposes.

August 13, 1968 [_38^^j

Be it enacted by the SeTuite and House of RepreHentatlveH of the United States of America in Congress assembled, That this Act may T eN a tni ocniaaln sGuard ch i Act be cited as the "National Guard Technicians Act of 1968". 0^1968" SEC. 2. Title 32, United States Code, is amended as follows: (1) Section 709 is amended to read as follows: ^°^ ^'^*- ^^^ "§ 709. Technicians: employment, use, s t a t u s "(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) 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. "(c) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title, to employ and administer the 70A Stat. 604. technicians authorized by this section. " (d) A technician employed under subsection (a) is an employee of the I)epa,rtment 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 sepa-

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