[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6438 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6438

  To amend title 10, United States Code, to lift restrictions on the 
  availability of certain enlistment, reenlistment, and student loan 
    benefits for military technicians, when membership in a reserve 
component is a condition of the military technician's employment and to 
    repeal the prohibition in title 32, United States Code, against 
              overtime pay for National Guard technicians.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2008

 Mr. Courtney introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to lift restrictions on the 
  availability of certain enlistment, reenlistment, and student loan 
    benefits for military technicians, when membership in a reserve 
component is a condition of the military technician's employment and to 
    repeal the prohibition in title 32, United States Code, against 
              overtime pay for National Guard technicians.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Guard Technician 
Recruitment and Retention Act of 2008''.

SEC. 2. AVAILABILITY OF CERTAIN ENLISTMENT, REENLISTMENT, AND STUDENT 
              LOAN BENEFITS FOR MILITARY TECHNICIANS (DUAL STATUS).

    Section 10216 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) Eligibility for Bonuses and Other Benefits.--(1) If an 
individual is first employed as a military technician (dual status) 
while the individual is already a member of a reserve component, the 
Secretary concerned may not require the individual to repay any 
enlistment, reenlistment, or affiliation bonus provided to the 
individual in connection with the individual's enlistment or 
reenlistment before such employment.
    ``(2) Even though an individual employed as a military technician 
(dual status) is required as a condition of that employment to maintain 
membership in the Selected Reserve, the individual shall not be 
precluded from receiving an enlistment, reenlistment, or affiliation 
bonus nor be denied the opportunity to participate in an educational 
loan repayment program under chapter 1609 of this title as an 
additional incentive for the individual to accept and maintain such 
membership''.

SEC. 3. REPEAL OF PROHIBITION AGAINST OVERTIME PAY FOR NATIONAL GUARD 
              TECHNICIANS.

    (a) Authority for Secretary To Grant Overtime Pay.--Section 709(h) 
of title 32, United States Code, is amended by striking the second 
sentence and inserting the following new sentence: ``In the case of a 
technician who performs irregular or overtime work, the Secretary 
concerned shall, at the technician's choice, grant the technician an 
amount of compensatory time off from the technician's scheduled tour of 
duty equal to the amount of time spent in such irregular or overtime 
work, or pay the technician for such irregular or overtime work at a 
rate equal to one and one-half times the rate of basic pay applicable 
to the technician.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to irregular or overtime work performed by an 
employee subject to section 709 of title 32, United States Code, on or 
after the date of the enactment of this Act.
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