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32 U.S.C. § 709 — Technicians: employment, use, status
Federal law — U.S. Code and appendices · legal_authorities
**(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 subsections (b) and (c), persons may be employed as technicians in—
(1) the organizing, administering, instructing, or training of the National Guard;
(2) the maintenance and repair of supplies issued to the National Guard or the armed forces; and
(3) the performance of the following additional duties to the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2):
(A) Support of operations or missions undertaken by the technician’s unit at the request of the President or the Secretary of Defense.
(B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technician’s unit.
(C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—
(i) active-duty members of the armed forces;
(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);
(iii) Department of Defense contractor personnel; or
(iv) Department of Defense civilian employees.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216/a&num=0&edition=prelim).
(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 militar
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 709
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Stable record: federal_law:legal_authorities:record_usc_1a77bcf0b7a3ca53b4ec0e21
Source file: Laws/federal/codes/united-states-code/title-32/section-709-technicians-employment-use-status--0bd4a7310c.md
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Passage SHA-256: 70cc5eaff4e8ebf32b31de0e08d8604a1484e35856ec2ba7023c63ab8d480bc3
Source location: Title 32, Chapter 7, § 709; chapter-007-service-supply-and-procurement.md
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**(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 subsections (b) and (c), persons may be employed as technicians in—
(1) the organizing, administering, instructing, or training of the National Guard;
(2) the maintenance and repair of supplies issued to the National Guard or the armed forces; and
(3) the performance of the following additional duties to the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2):
(A) Support of operations or missions undertaken by the technician’s unit at the request of the President or the Secretary of Defense.
(B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technician’s unit.
(C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—
(i) active-duty members of the armed forces;
(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);
(iii) Department of Defense contractor personnel; or
(iv) Department of Defense civilian employees.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216/a&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10217&num=0&edition=prelim)) if the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10217/c/2&num=0&edition=prelim).
**(d)** The Secretary concerned shall designate the adjutants general referred to in [section 314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section314&num=0&edition=prelim) 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 under 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) and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned;
(2) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned;
(3) 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;
(4) a right of appeal which may exist with respect to paragraph (1), (2), or (3) shall not extend beyond the adjutant general of the jurisdiction concerned when the appeal concerns activity occurring while the member is in a military pay status, or concerns fitness for duty in the reserve components;
(5) with respect to an appeal concerning any activity not covered by paragraph (4), the provisions of sections 7511, 7512, and 7513 of title 5, and section 717 of the Civil Rights Act of 1991 11 See References in Text note below. ([42 U.S.C. 2000e–16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16&num=0&edition=prelim)) shall apply; 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.
**(g)**
(1) Except as provided in subsection (f), sections 2108, 3502, 7511, and 7512 of title 5 do not apply to a person employed under this section.
(2) In addition to the sections referred to in paragraph (1), [section 6323(a)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6323/a/1&num=0&edition=prelim) also does not apply to a person employed under this section who is performing active Guard and Reserve duty (as that term is defined in [section 101(d)(6) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d/6&num=0&edition=prelim)).
**(h)** Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may 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.
**(i)** The Secretary concerned may not prescribe for purposes of eligibility for Federal recognition under [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section301&num=0&edition=prelim) 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.
**(j)** In this section:
(1) The term “military pay status” means a period of service where the amount of pay payable to a technician for that service is based on rates of military pay provided for under title 37.
(2) The term “fitness for duty in the reserve components” refers only to military-unique service requirements that attend to military service generally, including service in the reserve components or service on active duty.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose of agreement**
(1) The Commissioner of Social Security shall, at the request of any State, enter into an agreement with such State for the purpose of extending the insurance system established by this subchapter to services performed by individuals as employees of such State or any political subdivision thereof. Each such agreement shall contain such provisions, not inconsistent with the provisions of this section, as the State may request.
(2) Notwithstanding [section 410(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/a&num=0&edition=prelim), for the purposes of this subchapter the term “employment” includes any service included under an agreement entered into under this section.
**(b) Definitions** For the purposes of this section—
(1) The term “State” does not include the District of Columbia, Guam, or American Samoa.
(2) The term “political subdivision” includes an instrumentality of (A) a State, (B) one or more political subdivisions of a State, or (C) a State and one or more of its political subdivisions.
(3) The term “employee” includes an officer of a State or political subdivision.
(4) The term “retirement system” means a pension, annuity, retirement, or similar fund or system established by a State or by a political subdivision thereof.
(5) The term “coverage group” means (A) employees of the State other than those engaged in performing service in connection with a proprietary function; (B) employees of a political subdivision of a State other than those engaged in performing service in connection with a proprietary function; (C) employees of a State engaged in performing service in connection with a single proprietary function; or (D) employees of a political subdivision of a State engag
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 418
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Federal law — U.S. Code and appendices · legal_authorities
To be eligible for Federal recognition as an enlisted member of the National Guard, a person must have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved. He becomes federally recognized upon enlisting in a federally recognized unit or organization of the National Guard.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that—
(1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area;
(2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions;
(3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and
(4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5341
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** For the purposes of this section and any other provision of law, a non-dual status technician is a civilian employee of the Department of Defense serving in a military technician position who—
(1) was hired as a technician before November 18, 1997, under any of the authorities specified in subsection (b) and as of that date is not a member of the Selected Reserve or after such date has ceased to be a member of the Selected Reserve;
(2) is employed under [section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim) in a position designated under subsection (c) of that section and when hired was not required to maintain membership in the Selected Reserve; or
(3) is hired as a temporary employee pursuant to the exception for temporary employment provided by subsection (d) and subject to the terms and conditions of such subsection.
**(b) Employment Authorities.—** The authorities referred to in subsection (a) are the following:
(1) [Section 10216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216&num=0&edition=prelim).
(2) [Section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim).
(3) The requirements referred to in [section 8401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8401&num=0&edition=prelim).
(4) Section 8016 of the Department of Defense Appropriations Act, 1996 (Public Law 104–61; 109 Stat. 654), and any comparable provision of law enacted on an annual basis in the Department of Defense Appropriations Acts for fiscal years 1984 through 1995.
(5) Any memorandum of agreement between the Department of Defense and the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10217
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee is entitled to annual leave with pay which accrues as follows—
(1) one-half day for each full biweekly pay period for an employee with less than 3 years of service;
(2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and
(3) one day for each full biweekly pay period for an employee with 15 or more years of service.
In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501&num=0&edition=prelim) is entitled to credit for active military service only if—
(A) his retirement was based on disability—
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 1101 of title 38;
(B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.
The determination of years of service may be made on the basis of an affidavit of the employee. Leave
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6303
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction.
**(b)** The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications.
**(c)** The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.
**(d)** The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 314
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under such regulations as the Secretary of the Army or Secretary of the Air Force may prescribe, he or, subject to appeal to him, the Judge Advocate General of the armed force under his jurisdiction, if designated by him, may settle and pay in an amount not more than $100,000 a claim against the United States for—
(1) damage to, or loss of, real property, including damage or loss incident to use and occupancy;
(2) damage to, or loss of, personal property, including property bailed to the United States or the National Guard and including registered or insured mail damaged, lost, or destroyed by a criminal act while in the possession of the National Guard; or
(3) personal injury or death; either caused by a member of the Army National Guard or the Air National Guard, as the case may be, while engaged in training or duty under section 316, 502, 503, 504, or 505 of this title or any other provision of law for which he is entitled to pay under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim), or for which he has waived that pay, and acting within the scope of his employment; or otherwise incident to noncombat activities of the Army National Guard or the Air National Guard, as the case may be, under one of those sections.
**(b)** A claim may be allowed under subsection (a) only if—
(1) it is presented in writing within two years after it accrues, except that if the claim accrues in time of war or armed conflict or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after the war or armed conflict is terminated;
(2) it is not covered by [section 2734 of title 10](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 715
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discriminatory practices prohibited; employees or applicants for employment subject to coverage** All personnel actions affecting employees or applicants for employment (except with regard to aliens employed outside the limits of the United States) in military departments as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim), in executive agencies as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim) (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulatory Commission, in those units of the Government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Publishing Office, the Government Accountability Office, and the Library of Congress shall be made free from any discrimination based on race, color, religion, sex, or national origin.
**(b) Equal Employment Opportunity Commission; enforcement powers; issuance of rules, regulations, etc.; annual review and approval of national and regional equal employment opportunity plans; review and evaluation of equal employment opportunity programs and publication of progress reports; consultations with interested parties; compliance with rules, regulations, etc.; contents of national and regional equal employment opportunity plans; authority of Librarian of Congress** Except as otherwise provided in this subsection, the Equal Employment Opportunity Commission shall have authori
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000e–16
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Old-age, survivors, and disability insurance** In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 6.2 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)).
**(b) Hospital insurance** In addition to the tax imposed by the preceding subsection, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 1.45 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)).
**(c) Relief from taxes in cases covered by certain international agreements** During any period in which there is in effect an agreement entered into pursuant to section 233 of the Social Security Act with any foreign country, wages received by or paid to an individual shall be exempt from the taxes imposed by this section to the extent that such wages are subject under such agreement exclusively to the laws applicable to the social security system of such foreign country.
**(d) Repealed. Pub. L. 115–141, div. U, title IV, § 401(b)(34), Mar. 23, 2018, 132 Stat. 1204]**
**(e) Credit for employment of qualified veterans**
(1) **In general** — If a qualified tax-exempt organization hires a qualified veteran with respect to whom a credit would be allowable under section 38 by reason of section 51 if the organization were not a qualified tax-exempt organization, then there shall be allowed as a credit against the tax imposed by subsection (a) on wages paid with respect to employment of all employees of the organization during the applicable period an amount equal to the credit determined under section 51
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 3111
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.
(2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303.
**(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332
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