I 111th CONGRESS 1st Session H. R. 3345 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.

1.

Short title

This Act may be cited as the National Guard Technician Equity Act.

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.

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.