[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2312 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2312

    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 SENATE OF THE UNITED STATES

                              May 8, 2014

   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, 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) Exemption of Military Technicians From Review by Army 
Qualitative Retention Program or Air Force Selective Retention 
Program.--Subsection (f) of such section is amended to read as follows:
    ``(f) Exemption From Consideration by Armed Forces Retention 
Boards.--A military technician (dual status) who is fully qualified in 
the technician's military technician (dual status) position and is 
properly performing the technician's military technician duties in such 
position--
            ``(1) shall be retained in the armed forces;
            ``(2) may not be considered for involuntary separation by a 
        retention board of the armed force concerned; and
            ``(3) shall be entitled to re-enlist as an enlisted member 
        so as to maintain eligibility for continued employment as a 
        military technician (dual status).''.
    (e) 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).
    (f) 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.
    (g) 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: ``Notwithstanding section 5542 or 5543 of title 5 or any 
other provision of law, the Secretary concerned shall pay a technician 
for irregular or overtime work at a rate equal to 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, AMENDMENT REGARDING NATIONAL GUARD 
              TECHNICIANS AND RELATED MATTERS.

    (a) Leave.--
            (1) In general.--Section 6323(a) of title 5, United States 
        Code, is amended--
                    (A) in paragraph (1), by striking ``paragraph (2)'' 
                and inserting ``paragraphs (2) and (3)'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following 
                new paragraph (3):
    ``(3) An employee described in paragraph (1) who volunteers for 
active Guard and Reserve duty (as described in section 101(d)(6) of 
title 10) or training or duty under section 502(f) of title 32 shall 
not accrue leave under this subsection.''.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        Congress a report setting forth the following:
                    (A) A description of the average number of hours 
                per fiscal year that a Federal employee who is also a 
                member of the National Guard spends in any type of 
                leave status (including leave without pay) in order to 
                cover periods of active duty for training or inactive-
                duty training (as defined in section 101 of title 37, 
                United States Code), or to engage in other training 
                under sections 502-505 of title 32, United States Code.
                    (B) An assessment whether leave provided under 
                section 6323(a) of title 5, United States Code (as 
                amended by paragraph (1)), is adequate to cover the 
                operational tempo of the National Guard.
    (b) Comptroller General of the United States Report on Health Care 
Benefits.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit to Congress a report setting forth 
        the following:
                    (A) An evaluation of the feasibility of converting 
                military technicians from FEHBP coverage to coverage 
                provided under the TRICARE Reserve Select option of the 
                TRICARE program.
                    (B) A description of 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.
            (2) Definitions.--In this subsection:
                    (A) The term ``contingency operation'' has the 
                meaning given that term in section 101(a)(13) of title 
                10, United States Code.
                    (B) The term ``FEHBP coverage'' means coverage 
                provided under chapter 89 of title 5, United States 
                Code.
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