HR 1169
112th CONGRESS
1st Session
H. R. 1169
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 HOUSE OF REPRESENTATIVES
March 17, 2011
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, 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--
(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.'.
(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'.
END
