[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1893 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1893

    To amend titles 5, 10, and 32, United States Code, to eliminate 
 inequities in the treatment of National Guard technicians, to reduce 
  the eligibility age for retirement for non-Regular service, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2011

   Mr. Reed introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
    To amend titles 5, 10, and 32, United States Code, to eliminate 
 inequities in the treatment of National Guard technicians, to reduce 
  the eligibility age for retirement for non-Regular service, 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 AND RELATED PROVISIONS.

    (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 shall have the right to 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.''.
    (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 Restricted Right of Appeal and Adverse Actions 
Covered.--
            (1) Rights of grievance, arbitration, appeal, and review 
        beyond ag.--Section 709 of title 32, United States Code, is 
        amended--
                    (A) in subsection (f)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Notwithstanding any other 
                        provision of law and under'' and inserting 
                        ``Under''; and
                            (ii) in paragraph (4), by striking ``a 
                        right of appeal'' and inserting ``subject to 
                        subsection (j), a right of appeal''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(j)(1) Notwithstanding subsection (f)(4) or any other provision 
of law, a technician and a labor organization that is the exclusive 
representative of a bargaining unit including the technician shall have 
the rights of grievance, arbitration, appeal, and review extending 
beyond the adjutant general of the jurisdiction concerned and to the 
Merit Systems Protection Board and thereafter to the United States 
Court of Appeals for the Federal Circuit, in the same manner as 
provided in sections 4303, 7121, and 7701-7703 of title 5, with respect 
to a performance-based or adverse action imposing removal, suspension 
for more than 14 days, furlough for 30 days or less, or reduction in 
pay or pay band (or comparable reduction).
    ``(2) This subsection does not apply to a technician who is serving 
under a temporary appointment or in a trial or probationary period.''.
            (2) Adverse actions covered.--Section 709(g) of title 32, 
        United States Code, is amended by striking ``7511, and 7512''.
            (3) Conforming amendment.--Section 7511(b) of title 5, 
        United States Code, is amended--
                    (A) by striking paragraph (5); and
                    (B) by redesignating paragraphs (6) through (10) as 
                paragraphs (5) through (9), respectively.
    (f) Technician Seniority Rights During RIF.--Subsection (g) of 
section 709 of title 32, United States Code, as amended by subsection 
(e)(2), is amended to read as follows:
    ``(g) Section 2108 of title 5 does not apply to a person employed 
under this section.''.
    (g) 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 becomes 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''.
    (h) Repeal of Prohibition Against Overtime Pay for National Guard 
Technicians.--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.''.

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

    (a) Lowering Retirement Age.--
            (1) Amendment to fers.--Subsection (c) of section 8414 of 
        title 5, United States Code, is amended to read as follows:
    ``(c)(1) Under the circumstances described in paragraph (2), an 
employee who is separated from service as a military technician (dual 
status) is entitled to an annuity if the separation is by reason of 
either--
            ``(A) separating from the Selected Reserve; or
            ``(B) ceasing to hold the military grade specified by the 
        Secretary concerned for the position involved.
    ``(2) Except as provided in paragraph (3), paragraph (1) applies to 
a military technician (dual status) who is separated--
            ``(A) after completing 25 years of service as such a 
        technician, or
            ``(B) after becoming 50 years of age and completing 20 
        years of service as such a technician.
    ``(3) Paragraph (1) does not apply if separation or removal is 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)(1) Under the circumstances described in paragraph (2), an 
employee who is separated from service as a military technician (dual 
status) is entitled to an annuity if the separation is by reason of 
either--
            ``(A) separating from the Selected Reserve; or
            ``(B) ceasing to hold the military grade specified by the 
        Secretary concerned for the position involved.
    ``(2) Except as provided in paragraph (3), paragraph (1) applies to 
a military technician (dual status) who is separated--
            ``(A) after completing 25 years of service as such a 
        technician, or
            ``(B) after becoming 50 years of age and completing 20 
        years of service as such a technician.
    ``(3) Paragraph (1) does not apply if separation or removal is for 
cause on charges of misconduct or delinquency.''.
    (b) Adequate Leave Time for Military Activations.--Section 
6323(a)(1) of title 5, United States Code, is amended by striking the 
last sentence and inserting the following new sentence: ``Leave under 
this subsection accrues for an employee or individual at the rate of 30 
days per fiscal year and, to the extent that such leave is not used by 
the employee or individual during the fiscal year accrued, accumulates 
without limitation for use in succeeding fiscal years.''.
    (c) Improved Health Care Benefits.--
            (1) FEHBP changes.--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;
                    ``(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.''.
            (2) Study and report.--
                    (A) 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--
                            (i) evaluating the feasibility of 
                        converting military technicians from FEHBP 
                        coverage to coverage provided under the TRICARE 
                        or TRICARE Reserve Select program (or both); 
                        and
                            (ii) identifying any 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.
                    (B) Definitions.--For purposes of this subsection--
                            (i) the term ``FEHBP coverage'' means 
                        coverage provided under chapter 89 of title 5, 
                        United States Code; and
                            (ii) the term ``contingency operation'' has 
                        the meaning given that term in section 
                        101(a)(13) of title 10, United States Code.

SEC. 4. 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''.
                                 <all>