SECTION 6. ELECTION TO REMAIN UNDER STATE RETIREMENT SYSTEM

Section 6(a) provides for an election between the date of the enactment of this legislation and its effective date (the first day of the first pay period that begins on or after January 1, 1969) by technicians who were covered by a State retirement program as to whether they will remain under that program. The consent of the State would also be required if an affirmative election is made. This would protect the equity of technicians with long periods of covered State service. Those who do not so elect, together with technicians not covered by a State program, and all persons employed in the future as National Guard technicians will be covered by the Civil Service Retirement Act. Section 6(b) permits members of the National Guard on active Federal duty on the effective date of this act, who were ordered to active Federal service subsequent to January 1, 1968, from a technician position or a person who entered on active Federal duty from a technician position for the purpose of performing a statutory tour in the National Guard Bureau or other headquarters or agencies bearing a responsibility for National Guard matters, to make the same election if reemployed within 60 days of their release from that active Federal service and 30 days after such reemployment.

AUTHORITY FOR CONTINUATION OF FEDERAL CONTRIBUTIONS FOR THOSE WHO ELECT TO REMAIN IN STATE SYSTEMS

Section 6(c) continues the authority contained in current law (32 U.S.C. 709(f)) for a Federal contribution to the retirement system of any State or the Commonwealth of Puerto Rico which covers its National Guard technicians under its retirement program, reduced by the Government's contribution toward the employer's social security tax in those jurisdictions which cover their employees under that program as well. Instead of imposing a permanent 612-percent ceiling on the total authorized contribution as under current law, this section would authorize a corresponding increase in the maximum in the event the Government's contribution under 5 U.S.C. 8334 is increased. Provides further, that a person who retires under a retirement system of a State or the Commonwealth of Puerto Rico, shall not, after such retirement, be eligible for any rights, benefits, or privileges to which retired civilian employees of the United States may be entitled.

SECTION 7. AUTHORITY TO CONTINUE SOCIAL SECURITY PAYMENTS

FOR THOSE WHO ELECT TO REMAIN UNDER STATE SYSTEMS This section amends section 218(b) (5) of the Social Security Act, as amended (42 U.S.C. 418(b) (5)), to include technicians who have elected to remain covered by a State retirement system. Since section 5 of the act would cover all other technicians under the Civil Service Retirement Act, this category would be denied concurrent coverage under the Social Security Act by reason of the provisions of section 210(a) (6) of the latter act, as amended (42 U.S.C. 410(a)(6)).

SECTION 8. PROVISIONS RELATING TO CONVERSION OF TECHNICIAN POSITIONS TO GENERAL SCHEDULE AND WAGE BOARD POSITIONS OF THE UNITED STATES

Subsection (a) provides for fixing the compensation of technicians. whose pay immediately prior to the conversion was (1) lower than the minimum rate of his new grade, (2) equal to a rate of the appro

priate grade, (3) between two rates of the appropriate grade, or (4) in excess of the maximum rate of the appropriate grade.

(b) Provides that the conversion from National Guard technicians to Federal pay scales shall not be considered to be transfers or promotions within the meaning of section 5334(b) of title 5, United States Code.

(c) Provides for crediting a technician with a salary increase if it has been earned but not credited before the conversion.

(d) Would, on the date of conversion, credit the length of service of a technician in his grade and step since his last salary increase toward his first in-grade increase thereafter.

(e) Would prevent a salary increase resulting from the conversion of a position from being considered as a step increase.

SECTION 9. AUTHORITY FOR THE RETENTION OF NATIONAL GUARD OFFICERS WHO ARE TECHNICIANS UNTIL AGE 60

(1) Restates existing authority which permits the Secretary of the Army to retain in an active status until age 60 any Army National Guard officer who is assigned to a headquarters or headquarters detachment of a State, territory, the Commonwealth of Puerto Rico, or the District of Columbia. Provides, further, that any Army National Guard officer, who is employed as a technician in a position in which membership in the Army National Guard is required as a condition of employment, may be retained in an active status until age 60.

(2) Provides that the Secretary of the Air Force may retain in an active status until age 60 any Air National Guard officer who is employed as a technician in a position in which membership in the Air National Guard is required as a condition of employment.

SECTION 10. REQUIREMENT FOR UNIFORM REGULATIONS AS APPROVED BY THE SECRETARY OF DEFENSE

Requires that the regulations prescribed by the Secretary of the Army and the Secretary of the Air Force under this act be approved by the Secretary of Defense and that they shall, so far as practicable, be uniform.

SECTION 11. EFFECTIVE DATE OF JANUARY 1, 1969

Provides that the effective date of this act shall be January 1, 1969, and that no deductions or withholding from salaries which result therefrom shall be initiated before the first day of the first pay period that begins on or after January 1, 1969.

The committee adopted January 1, 1969, as the effective date in view of the administrative details required in converting over 42,000 technicians to Federal employees status. Among other things this task involves the conversion of all job descriptions to Federal classified or wage board positions. This date was recommended by the Department of Defense.

CHANGES IN EXISTING LAW

In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, there is herewith printed in parallel columns the text of provisions of existing law which would be repealed or amended by the various provisions of the bill as reported.

32 U.S.C.

EXISTING LAW

§ 709. Caretakers and clerks

(a) Under such regulations as the Secretary of the
Army may prescribe funds allotted by him for the Army
National Guard may be spent for the compensation of
competent persons to care for material, armament, and
equipment of the Army National Guard. Under such reg-
ulations as the Secretary of the Air Force may prescribe,
funds allotted by him for the Air National Guard may be
spent for the compensation of competent persons to care
for material, armament, and equipment of the Air Na-
tional Guard. A caretaker employed under this subsection
may also perform clerical duties incidental to his employ-
ment and other duties that do not interfere with the per-
formance of his duties as caretaker.

(b) Enlisted members of the National Guard and civil-
ians may be employed as caretakers under this section.
However, if a unit has more than one caretaker, one of
them must be an enlisted member. Compensation under
this section is in addition to compensation otherwise pro-
vided for a member of the National Guard.

(c) Under regulations to be prescribed by the Secretary concerned, material, armament, and equipment of the Army National Guard, or Air National Guard of a State

THE BILL

Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assem-
bled, That this Act may be cited as the "National Guard
Technicians Act of 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, status

66

"(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, per-
sons may be employed as technicians in-

"(1) the administration and training of the Na-
tional 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.

or Territory, Puerto Rico, the Canal Zone, or the District
of Columbia may be placed in a common pool for care,
maintenance, and storage. Not more than 15 caretakers
may be employed for each of these pools.

(d) Under regulations to be prescribed by the Secretary
concerned, one commissioned officer of the National Guard
in a grade below major may be employed for each pool set
up under subsection (c) and for each squadron of the Air
National Guard. Commissioned officers may not be other-
wise employed under this section.

(e) Funds appropriated by Congress for the National
Guard are in addition to funds appropriated by the Sev-
eral States and Territories, Puerto Rico, the Canal Zone,
and the District of Columbia for the National Guard,
and are available for the hire of caretakers and clerks.

(f) The Secretary concerned shall fix the salaries of
clerks and caretakers authorized to be employed under this
section, and shall designate the person to employ them.
Compensation authorized under this section may include
the amounts of the employer's contributions to retirement
systems. Such contributions shall not exceed 612 per cen-
tum of the compensation on which such contributions are
based.

32 U.S.C. 314

§ 314. Adjutants general

(a) There shall be an adjutant general in each State and Territory, Puerto Rico, the Canal Zone, and the District of Columbia. He shall perform the duties prescribed by the laws of that jurisdiction.

"(c) 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.

EXISTING LAW

(b) The President shall appoint the adjutant general
of each Territory, the Canal Zone, and the District of
Columbia and prescribe his grade and qualifications. To be
eligible for appointment as adjutant general of a Terri-
tory, or the Canal Zone, a person must be a citizen of that
jurisdiction.

(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 and Territory,
Puerto Rico, the Canal Zone, and the District of Columbia,
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 re-
turns and reports to the Secretary concerned or to any
officer designated by him. Each Secretary shall send with
his annual report to Congress an abstract of the returns
and reports of the adjutants general and such comments
as he considers necessary for the information of Congress.

THE BILL

is:
(d) A technician employed under subsection (a) is an
employee of the Department of the Army or the Depart-
ment of the Air Force, as the case may be, and an em-
ployee of the United States. However, a position author-
ized 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 con-
cerned shall be promptly separated from his technician
employment by the adjutant general of the jurisdic-
tion 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 Secre-
tary concerned for a member of a reserve component
of the armed force under his jurisdiction may be sepa-
rated from his employment as a technician and con-
currently discharged from the National Guard by the
adjutant general of the jurisdiction concerned;

(3) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned;