[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3345 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3345

    To amend titles 5, 10, and 32, United States Code, to eliminate 
  inequities in the treatment of National Guard technicians, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2009

 Mr. Andrews introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committee on 
   Oversight and 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 titles 5, 10, and 32, United States Code, to eliminate 
  inequities in the treatment of National Guard technicians, and for 
                            other purposes.

    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 Equity 
Act''.

SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS REGARDING 
              NATIONAL GUARD TECHNICIANS.

    (a) Authority To Employ Technician as Non-Dual Status Technician 
After 20 Years of Creditable Service.--Subsection (c) of section 709 of 
title 32, United States Code, is amended to read as follows:
    ``(c) A person may be employed under subsection (a) as a non-dual 
status technician (as defined by section 10217 of title 10) if--
            ``(1) the technician position occupied by the person has 
        been designated by the Secretary concerned to be filled only by 
        a non-dual status technician; or
            ``(2) the person occupying the technician position has at 
        least 20 years of creditable service as a military technician 
        (dual status).''.
    (b) Exception to Dual-Status Employment Condition of Membership in 
Selected Reserve.--Section 10216 of title 10, United States Code, is 
amended--
            (1) in subsection (a)(1)(B), by inserting ``subject to 
        subsection (d),'' before ``is required''; and
            (2) in subsection (d)(1), by striking ``Unless specifically 
        exempted by law'' and inserting ``Except as provided in section 
        709(c)(2) of title 32 or as otherwise specifically exempted by 
        law''.
    (c) Continued Compensation After Loss of Membership in Selected 
Reserve.--Subsection (e) of section 10216 of title 10, United States 
Code, is amended to read as follows:
    ``(e) Continued Compensation After Loss of Membership in Selected 
Reserve.--Funds appropriated for the Department of Defense may continue 
to be used to provide compensation to a military technician who was 
hired as a military technician (dual status), but who is no longer a 
member of the Selected Reserve. The compensation may be provided for a 
period up to 12 months following the technician's loss of membership in 
the Selected Reserve.''.
    (d) Repeal of Permanent Limitations on Number of Non-Dual Status 
Technicians.--Section 10217 of title 10, United States Code, is amended 
by striking subsection (c).
    (e) Technician Appeal and Seniority Rights.--Section 709 of title 
32, United States Code, is amended--
            (1) in subsection (f)--
                    (A) by inserting ``and'' at the end of paragraph 
                (3);
                    (B) by striking paragraph (4); and
                    (C) by redesignating paragraph (5) as paragraph 
                (4); and
            (2) in subsection (g), by striking ``2108, 3502, 7511, and 
        7512'' and inserting ``2108 and 7511''.
    (f) Availability of Certain Enlistment, Reenlistment, and Student 
Loan Benefits for Military Technicians.--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''.
    (g) Repeal of Prohibition Against Overtime Pay for National Guard 
Technicians.--
            (1) 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: 
        ``The Secretary concerned shall pay a technician for irregular 
        or overtime work at a rate equal to one and one-half times the 
        rate of basic pay applicable to the technician, except that, at 
        the request of the technician, the Secretary may grant the 
        technician, instead of such pay, 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.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        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.
    (h) Extended Deployment Bonus for Military Technicians.--Section 
709 of title 32, United States Code, is amended by adding at the end 
the following new subsection:
    ``(j) A person employed as a military technician who is called or 
ordered to active duty in support of an overseas contingency operation 
shall receive a bonus in the amount of $100 for each day of such duty 
in excess of 180 days.''.
    (i) Retention of Military Technicians Who Lose Dual Status Due to 
Combat-Related Disability.--Section 10216(g) of title 10, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``may'' in the matter 
        preceding subparagraph (A) and inserting ``shall''; and
            (2) by striking paragraph (3).
    (j) Reduction in Eligibility Age for Retirement for Non-Regular 
Service.--Section 12731(f) of title 10, United States Code, is amended 
by striking ``60 years of age'' both places it appears and inserting 
``55 years of age''.

SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL 
              GUARD TECHNICIANS.

    (a) Retirement.--
            (1) Amendment to fers.--Subsection (c) of section 8414 of 
        title 5, United States Code, is amended to read as follows:
    ``(c) An employee who is separated from service as a military 
technician (dual status)--
            ``(1) after completing 25 years of service as such a 
        technician, or
            ``(2) after becoming 50 years of age and completing 20 
        years of service as such a technician,
is entitled to an annuity, if the separation is by reason of either 
separating from the Selected Reserve or ceasing to hold the military 
grade specified by the Secretary concerned for the position involved, 
and is not by removal for cause on charges of misconduct or 
delinquency.''.
            (2) Amendment to csrs.--Section 8336 of title 5, United 
        States Code, is amended by adding at the end the following new 
        subsection:
    ``(q) An employee who is separated from service as a military 
technician (dual status)--
            ``(1) after completing 25 years of service as such a 
        technician, or
            ``(2) after becoming 50 years of age and completing 20 
        years of service as such a technician,
is entitled to an annuity, if the separation is by reason of either 
separating from the Selected Reserve or ceasing to hold the military 
grade specified by the Secretary concerned for the position involved, 
and is not by removal for cause on charges of misconduct or 
delinquency.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to separations from service as a 
        military technician (dual status) occurring on or after the 
        date of the enactment of this Act.
    (b) Military Leave.--Section 6323(a)(1) of title 5, United States 
Code, is amended by striking ``15 days'' each place it appears and 
inserting ``30 days''.
    (c) Health Benefits.--Subparagraph (B) of section 8906(e)(3) of 
title 5, United States Code, is amended to read as follows:
    ``(B) An employee referred to in subparagraph (A) is an employee 
who--
            ``(i) is enrolled in a health benefits plan under this 
        chapter;
            ``(ii) is a member of a Reserve component of the Armed 
        Forces;
            ``(iii) is placed on leave without pay or separated from 
        service to perform the active duty or other duties described in 
        clause (iv); and
            ``(iv) is called or ordered to--
                    ``(I) active duty in support of a contingency 
                operation (as defined in section 101(a)(13) of title 
                10);
                    ``(II) active duty for a period of more than 30 
                consecutive days;
                    ``(III) active duty under section 12406 of title 
                10, United States Code;
                    ``(IV) perform training or other duties described 
                under paragraph (1) or (2) of section 502(f) of title 
                32; or
                    ``(V) while not in Federal service, perform duties 
                related to an emergency declared by the chief executive 
                of a State, the District of Columbia, the Commonwealth 
                of Puerto Rico, or a territory or possession of the 
                United States.''.
    (d) Study and Report.--
            (1) In general.--Within 6 months after the date of the 
        enactment of this Act, the Secretary of Defense and the 
        Director of the Office of Personnel Management shall jointly 
        conduct a study and submit to Congress a report concerning the 
        problems associated with the conversion of military technicians 
        from FEHBP coverage to coverage provided under chapter 55 of 
        title 10, United States Code, during contingency operations.
            (2) Definitions.--For purposes of this subsection--
                    (A) the term ``FEHBP coverage'' means coverage 
                provided under chapter 89 of title 5, United States 
                Code; and
                    (B) the term ``contingency operation'' has the 
                meaning given that term in section 101(a)(13) of title 
                10, United States Code.
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