[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4361 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4361

  To amend title 10, United States Code, to extend to National Guard 
military technicians the applicability of certain provisions concerning 
    separation and retirement of Army Reserve and Air Force Reserve 
                         military technicians.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2000

  Mr. Peterson of Minnesota introduced the following bill; which was 
  referred to the Committee on Armed Services, and in addition to the 
    Committee on Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to extend to National Guard 
military technicians the applicability of certain provisions concerning 
    separation and retirement of Army Reserve and Air Force Reserve 
                         military technicians.

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

SECTION 1. SEPARATION AND RETIREMENT OF NATIONAL GUARD MILITARY 
              TECHNICIANS ON SAME BASIS ON RESERVE TECHNICIANS.

    (a) In General.--(1) Chapter 1007 of title 10, United States Code, 
is amended by adding at the end the following new section:
``Sec. 10219. National Guard technicians: conditions for retention; 
              mandatory retirement under civil service laws
    ``(a) Separation and Retirement of Military Technicians (Dual 
Status).--(1) An individual employed by the Department of the Army or 
the Department of the Air Force under section 709 of title 32 as a 
military technician (dual status) who after the date of the enactment 
of this section loses dual status is subject to paragraph (2) or (3), 
as the case may be.
    ``(2) If a technician described in paragraph (1) is eligible at the 
time dual status is lost for an unreduced annuity, the technician shall 
be separated not later than 30 days after the date on which dual status 
is lost.
    ``(3)(A) If a technician described in paragraph (1) is not eligible 
at the time dual status is lost for an unreduced annuity, the 
technician shall be offered the opportunity to--
            ``(i) reapply for, and if qualified be appointed to, a 
        position as a military technician (dual status); or
            ``(ii) apply for a civil service position that is not a 
        technician position.
    ``(B) If such a technician continues employment with the Department 
of the Army or the Department of the Air Force as a non-dual status 
technician, the technician--
            ``(i) shall not be permitted, after the end of the one-year 
        period beginning on the date of the enactment of this section, 
        to apply for any voluntary personnel action; and
            ``(ii) shall be separated or retired--
                    ``(I) in the case of a technician first hired as a 
                military technician (dual status) on or before February 
                10, 1996, not later than 30 days after becoming 
                eligible for an unreduced annuity; and
                    ``(II) in the case of a technician first hired as a 
                military technician (dual status) after February 10, 
                1996, not later than one year after the date on which 
                dual status is lost.
    ``(4) For purposes of this subsection, a military technician is 
considered to lose dual status upon--
            ``(A) being separated from the Selected Reserve; or
            ``(B) ceasing to hold the military grade specified by the 
        Secretary concerned for the position held by the technician.
    ``(b) Non-Dual Status Technicians.--(1) An individual who on the 
date of the enactment of this section is employed by the Department of 
the Army or the Department of the Air Force under section 709 of title 
32 as a non-dual status technician and who on that date is eligible for 
an unreduced annuity shall be separated not later than six months after 
the date of the enactment of this section.
    ``(2)(A) An individual who on the date of the enactment of this 
section is employed by the Department of the Army or the Department of 
the Air Force under section 709 of title 32 as a non-dual status 
technician and who on that date is not eligible for an unreduced 
annuity shall be offered the opportunity to--
            ``(i) reapply for, and if qualified be appointed to, a 
        position as a military technician (dual status); or
            ``(ii) apply for a civil service position that is not a 
        technician position.
    ``(B) If such a technician continues employment with the Department 
of the Army or the Department of the Air Force under section 709 of 
title 32 as a non-dual status technician, the technician--
            ``(i) shall not be permitted, after the end of the one-year 
        period beginning on the date of the enactment of this section, 
        to apply for any voluntary personnel action; and
            ``(ii) shall be separated or retired--
                    ``(I) in the case of a technician first hired as a 
                technician on or before February 10, 1996, and who on 
                the date of the enactment of this section is a non-dual 
                status technician, not later than 30 days after 
                becoming eligible for an unreduced annuity; and
                    ``(II) in the case of a technician first hired as a 
                technician after February 10, 1996, and who on the date 
                of the enactment of this section is a non-dual status 
                technician, not later than one year after the date on 
                which dual status is lost.
    ``(3) An individual employed by the Department of the Army or the 
Department of the Air Force under section 709 of title 32 as a non-dual 
status technician who is ineligible for appointment to a military 
technician (dual status) position, or who decides not to apply for 
appointment to such a position, or who, within six months of the date 
of the enactment of this section is not appointed to such a position, 
shall for reduction-in-force purposes be in a separate competitive 
category from employees who are military technicians (dual status).
    ``(c) Unreduced Annuity Defined.--For purposes of this section, a 
technician shall be considered to be eligible for an unreduced annuity 
if the technician is eligible for an annuity under section 8336, 8412, 
or 8414 of title 5 that is not subject to a reduction by reason of the 
age or years of service of the technician.
    ``(d) Voluntary Personnel Action Defined.--In this section, the 
term `voluntary personnel action', with respect to a non-dual status 
technician, means any of the following:
            ``(1) The hiring, entry, appointment, reassignment, 
        promotion, or transfer of the technician into a position for 
        which the Secretary concerned has established a requirement 
        that the person occupying the position be a military technician 
        (dual status).
            ``(2) Promotion to a higher grade if the technician is in a 
        position for which the Secretary concerned has established a 
        requirement that the person occupying the position be a 
        military technician (dual status).''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``10219. National Guard technicians: conditions for retention; 
                            mandatory retirement under civil service 
                            laws.''.
    (3) During the six-month period beginning on the date of the 
enactment of this Act, the provisions of subsections (a)(3)(B)(ii)(I) 
and (b)(2)(B)(ii)(I) of section 10219 of title 10, United States Code, 
as added by paragraph (1), shall be applied by substituting ``six 
months'' for ``30 days''.
    (b) Early Retirement.--Section 8414(c)(1) of title 5, United States 
Code, is amended by striking ``reserve'' after ``as a military''.
                                 <all>