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—
the organizing, administering, instructing, or training of the National Guard;
the maintenance and repair of supplies issued to the National Guard or the armed forces; and
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):
Support of operations or missions undertaken by the technician’s unit at the request of the President or the Secretary of Defense.
Support of Federal training operations or Federal training missions assigned in whole or in part to the technician’s unit.
Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—
active-duty members of the armed forces;
members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);
Department of Defense contractor personnel; or
Department of Defense civilian employees.
Except as authorized in subsection (c), a person employed under subsection (a) must meet each of the following requirements:
Be a member of the National Guard.
Hold the military grade specified by the Secretary concerned for that position.
While performing duties as a military technician (dual status), wear the uniform appropriate for the member’s grade and component of the armed forces.
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.
Notwithstanding any other provision of law and under regulations prescribed by the Secretary concerned—
a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the requirements of subsection (b) who—
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
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;
a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned;
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;
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;
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
See References in Text note below.
(42 U.S.C. 2000e
–16) shall apply; and
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.
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.
[Aug. 10, 1956, ch. 1041], [70A Stat. 614]; [Pub. L. 87–224, § 2], Sept. 13, 1961, [75 Stat. 496]; [Pub. L. 90–486, § 2(1)], Aug. 13, 1968, [82 Stat. 755]; [Pub. L. 92–119, § 2], Aug. 13, 1971, [85 Stat. 340]; [Pub. L. 96–513, title V, § 515(5)]–(7), Dec. 12, 1980, [94 Stat. 2937]; [Pub. L. 103–160, div. A, title V], §§ 523(a), 524(c), (d), Nov. 30, 1993, [107 Stat. 1656], 1657; [Pub. L. 103–337, div. A, title X, § 1070(b)(2)], (d)(5),