[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1234 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1234

To provide that positions held by civilian technicians of the National 
             Guard be made part of the competitive service.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 1993

 Mr. Quillen introduced the following bill; which was referred jointly 
 to the Committees on Armed Services and Post Office and Civil Service

_______________________________________________________________________

                                 A BILL


 
To provide that positions held by civilian technicians of the National 
             Guard be made part of the competitive service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENTS MAKING CERTAIN CIVILIAN POSITIONS IN THE NATIONAL 
              GUARD PART OF THE COMPETITIVE SERVICE.

    Section 709 of title 32, United States Code, is amended--
            (1) by amending the second sentence of subsection (d) to 
        read as follows: ``A position authorized by this section is 
        within the competitive service, as defined by section 2102 of 
        title 5.'';
            (2) by striking paragraphs (3) through (6) of subsection 
        (e) and inserting the following:
            ``(3) a right of appeal which may exist with respect to 
        paragraph (1) or (2) shall not extend beyond the adjutant 
        general of the jurisdiction concerned.'';
            (3) by adding ``and'' at the end of subsection (e)(2); and
            (4) by striking subsection (f) and redesignating 
        subsections (g) and (h) as subsections (f) and (g), 
        respectively.

SEC. 2. EFFECTIVE DATE; TREATMENT OF PRIOR SERVICE.

    (a) Effective Date.--This Act, and the amendments made by this Act, 
shall take effect 60 days after the date of the enactment of this Act.
    (b) Treatment of Prior Service.--(1)(A) Any period of service 
performed under section 709 of title 32, United States Code (or a prior 
corresponding provision of law) before the effective date of this Act 
shall be considered a period of service performed in a position within 
the competitive service for purposes of any determination relating to 
an individual's--
            (i) tenure or status;
            (ii) order of retention in a reduction in force; or
            (iii) eligibility for coverage under subchapter I or II of 
        chapter 75 of title 5, United States Code (relating to adverse 
        actions).
    (B) Subparagraph (A) shall apply only in the case of a person who 
performs service under section 709 of title 32, United States Code, on 
or after the effective date of this Act.
    (C) Nothing in this Act, or in any amendment made by this Act, 
shall affect the validity of any appointment to a position under 
section 709 of title 32, United States Code, made before the effective 
date of this Act.
    (2) For purposes of this subsection, the term ``competitive 
service'' has the meaning given such term by section 2102 of title 5, 
United States Code.

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