[Congressional Record Volume 157, Number 176 (Thursday, November 17, 2011)]
[Senate]
[Pages S7708-S7710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED:
  S. 1893. 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; to the Committee on Armed Services.
  Mr. REED. Mr. President, today I introduce the National Guard 
Technician Equity Act to correct inconsistencies in the dual-status 
technician program.
  Over 48,000 National Guard dual-status technicians serve our Nation. 
They are a distinct group of workers, as civilians, they work for the 
reserve components, performing administrative duties, providing 
training, and maintaining and repairing equipment. However, as a 
condition of their civilian position, they are also required to 
maintain military status, attending weekend drills and annual training, 
deploying to Iraq and Afghanistan, and responding to domestic disasters 
and emergencies, thereby creating their ``dual-status.''
  Because of their unique position, dual-status technicians are caught 
between the provisions that govern the federal civilian workforce and 
the military in numerous ways. First, under existing law, a dual-status 
technician who is no longer fit for military duty must be fired from 
their technician position, even if they are still fully capable of 
performing their civilian duties. This bill would give technicians the 
option of remaining in their civilian position if they have 20 years of 
service as

[[Page S7709]]

a dual-status technician. This way we will retain the experience and 
skills of these dedicated employees.
  Second, dual-status technicians do not have the same appeal rights as 
most other federal employees, including those civilians in other 
Department of Defense positions. Federal employees who are covered by a 
collective bargaining agreement have the right to file a grievance and 
proceed to arbitration, or file a case with the Merit Systems 
Protection Board, MSPB, a neutral Federal agency. Dual-status 
technicians may appeal to the Adjutant General in their state, but not 
to any neutral third party. This bill would allow them to also appeal 
to the MSPB for grievances unrelated to their military service.
  Third, most reserve component members are able to obtain health care 
coverage through the TRICARE Reserve Select program. However, dual-
status technicians are ineligible, despite their mandatory military 
status and reserve service, because they can participate in the Federal 
Employees Health Benefit Program, FEHBP. FEHBP plans can be more 
expensive than TRICARE Reserve Select, thereby adding costs and 
limiting health care options for these Guard technicians. My 
legislation simply calls for the Department of Defense to study the 
feasibility of converting the coverage for National Guard dual-status 
technicians from FEHBP to TRICARE Reserve Select.
  The National Guard Technician Equity Act also corrects other 
inconsistencies by providing greater civilian and military retirement 
parity, providing eligibility to retain certain military bonuses and 
benefits, and increasing leave time for required military training.
  I urge my colleagues to support and cosponsor the National Guard 
Technician Equity Act. I will also be working to include provisions of 
this bill in the National Defense Authorization Act, which the Senate 
has begun to consider, and I hope my colleagues can work together on 
this effort.
  Mr. President, I ask unanimous consent that this bill be printed in 
the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1893

       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--

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       ``(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''.
                                 ______