II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Guard Tech5 nician Equity Act’’. 

6 SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMEND7 MENTS REGARDING NATIONAL GUARD TECH8 NICIANS AND RELATED PROVISIONS. 

9 (a) AUTHORITY TO EMPLOY TECHNICIAN AS NON10 DUAL STATUS TECHNICIAN AFTER 20 YEARS OF CREDVerDate Mar 15 2010 01:57 May 14, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2312.IS S2312

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1 ITABLE SERVICE.—Subsection (c) of section 709 of title 

2 32, United States Code, is amended to read as follows: 

3 ‘‘(c) A person shall have the right to be employed 

4 under subsection (a) as a non-dual status technician (as 

5 defined by section 10217 of title 10) if— 

6 ‘‘(1) the technician position occupied by the 

7 person has been designated by the Secretary con8 cerned to be filled only by a non-dual status techni9 cian; or 

10 ‘‘(2) the person occupying the technician posi11 tion has at least 20 years of creditable service as a 

12 military technician (dual status).’’. 

13 (b) EXCEPTION TO DUAL-STATUS EMPLOYMENT

14 CONDITION OF MEMBERSHIP IN SELECTED RESERVE.— 

15 Section 10216 of title 10, United States Code, is amend16 ed— 

17 (1) in subsection (a)(1)(B), by inserting ‘‘sub18 ject to subsection (d),’’ before ‘‘is required’’; and 

19 (2) in subsection (d)(1), by striking ‘‘Unless 

20 specifically exempted by law’’ and inserting ‘‘Except 

21 as provided in section 709(c)(2) of title 32 or as oth22 erwise specifically exempted by law’’. 

23 (c) CONTINUED COMPENSATION AFTER LOSS OF

24 MEMBERSHIP IN SELECTED RESERVE.—Subsection (e) of 


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1 section 10216 of title 10, United States Code, is amended 

2 to read as follows: 

3 ‘‘(e) CONTINUED COMPENSATION AFTER LOSS OF

4 MEMBERSHIP IN SELECTED RESERVE.—Funds appro5 priated for the Department of Defense may continue to 

6 be used to provide compensation to a military technician 

7 who was hired as a military technician (dual status), but 

8 who is no longer a member of the Selected Reserve.’’. 

9 (d) EXEMPTION OF MILITARY TECHNICIANS FROM

10 REVIEW BY ARMY QUALITATIVE RETENTION PROGRAM

11 OR AIR FORCE SELECTIVE RETENTION PROGRAM.—Sub12 section (f) of such section is amended to read as follows: 

13 ‘‘(f) EXEMPTION FROM CONSIDERATION BY ARMED

14 FORCES RETENTION BOARDS.—A military technician 

15 (dual status) who is fully qualified in the technician’s mili16 tary technician (dual status) position and is properly per17 forming the technician’s military technician duties in such 

18 position— 

19 ‘‘(1) shall be retained in the armed forces; 

20 ‘‘(2) may not be considered for involuntary sep21 aration by a retention board of the armed force con22 cerned; and 

23 ‘‘(3) shall be entitled to re-enlist as an enlisted 

24 member so as to maintain eligibility for continued 

25 employment as a military technician (dual status).’’. 


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1 (e) REPEAL OF PERMANENT LIMITATIONS ON NUM2 BER OF NON-DUAL STATUS TECHNICIANS.—Section 

3 10217 of title 10, United States Code, is amended by 

4 striking subsection (c). 

5 (f) TECHNICIAN RESTRICTED RIGHT OF APPEAL

6 AND ADVERSE ACTIONS COVERED.— 

7 (1) RIGHTS OF GRIEVANCE, ARBITRATION, AP8 PEAL, AND REVIEW BEYOND AG.—Section 709 of 

9 title 32, United States Code, is amended— 

10 (A) in subsection (f)— 

11 (i) in the matter preceding paragraph 

12 (1), by striking ‘‘Notwithstanding any 

13 other provision of law and under’’ and in14 serting ‘‘Under’’; and 

15 (ii) in paragraph (4), by striking ‘‘a 

16 right of appeal’’ and inserting ‘‘subject to 

17 subsection (j), a right of appeal’’; and 

18 (B) by adding at the end the following new 

19 subsection: 

20 ‘‘(j)(1) Notwithstanding subsection (f)(4) or any 

21 other provision of law, a technician and a labor organiza22 tion that is the exclusive representative of a bargaining 

23 unit including the technician shall have the rights of griev24 ance, arbitration, appeal, and review extending beyond the 

25 adjutant general of the jurisdiction concerned and to the 


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1 Merit Systems Protection Board and thereafter to the 

2 United States Court of Appeals for the Federal Circuit, 

3 in the same manner as provided in sections 4303, 7121, 

4 and 7701–7703 of title 5, with respect to a performance5 based or adverse action imposing removal, suspension for 

6 more than 14 days, furlough for 30 days or less, or reduc7 tion in pay or pay band (or comparable reduction). 

8 ‘‘(2) This subsection does not apply to a technician 

9 who is serving under a temporary appointment or in a trial 

10 or probationary period.’’. 

11 (2) ADVERSE ACTIONS COVERED.—Section 

12 709(g) of title 32, United States Code, is amended 

13 by striking ‘‘7511, and 7512’’. 

14 (3) CONFORMING AMENDMENT.—Section 

15 7511(b) of title 5, United States Code, is amend16 ed— 

17 (A) by striking paragraph (5); and 

18 (B) by redesignating paragraphs (6) 

19 through (10) as paragraphs (5) through (9), re20 spectively. 

21 (g) REPEAL OF PROHIBITION AGAINST OVERTIME

22 PAY FOR NATIONAL GUARD TECHNICIANS.—Section 

23 709(h) of title 32, United States Code, is amended by 

24 striking the second sentence and inserting the following 

25 new sentence: ‘‘Notwithstanding section 5542 or 5543 of 


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1 title 5 or any other provision of law, the Secretary con2 cerned shall pay a technician for irregular or overtime 

3 work at a rate equal to the rate of basic pay applicable 

4 to the technician, except that, at the request of the techni5 cian, the Secretary may grant the technician, instead of 

6 such pay, an amount of compensatory time off from the 

7 technician’s scheduled tour of duty equal to the amount 

8 of time spent in such irregular or overtime work.’’. 

9 SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENT RE10 GARDING NATIONAL GUARD TECHNICIANS 

11 AND RELATED MATTERS. 

12 (a) LEAVE.— 

13 (1) IN GENERAL.—Section 6323(a) of title 5, 

14 United States Code, is amended— 

15 (A) in paragraph (1), by striking ‘‘para16 graph (2)’’ and inserting ‘‘paragraphs (2) and 

17 (3)’’; 

18 (B) by redesignating paragraph (3) as 

19 paragraph (4); and 

20 (C) by inserting after paragraph (2) the 

21 following new paragraph (3): 

22 ‘‘(3) An employee described in paragraph (1) who vol23 unteers for active Guard and Reserve duty (as described 

24 in section 101(d)(6) of title 10) or training or duty under 


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1 section 502(f) of title 32 shall not accrue leave under this 

2 subsection.’’. 

3 (2) REPORT.—Not later than 180 days after 

4 the date of the enactment of this Act, the Secretary 

5 of Defense shall submit to Congress a report setting 

6 forth the following: 

7 (A) A description of the average number of 

8 hours per fiscal year that a Federal employee 

9 who is also a member of the National Guard 

10 spends in any type of leave status (including 

11 leave without pay) in order to cover periods of 

12 active duty for training or inactive-duty train13 ing (as defined in section 101 of title 37, 

14 United States Code), or to engage in other 

15 training under sections 502–505 of title 32, 

16 United States Code. 

17 (B) An assessment whether leave provided 

18 under section 6323(a) of title 5, United States 

19 Code (as amended by paragraph (1)), is ade20 quate to cover the operational tempo of the Na21 tional Guard. 

22 (b) COMPTROLLER GENERAL OF THE UNITED

23 STATES REPORT ON HEALTH CARE BENEFITS.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this Act, the 


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1 Comptroller General of the United States shall sub2 mit to Congress a report setting forth the following: 

3 (A) An evaluation of the feasibility of con4 verting military technicians from FEHBP cov5 erage to coverage provided under the 

6 TRICARE Reserve Select option of the 

7 TRICARE program. 

8 (B) A description of any problems associ9 ated with the conversion of military technicians 

10 from FEHBP coverage to coverage provided 

11 under chapter 55 of title 10, United States 

12 Code, during contingency operations. 

13 (2) DEFINITIONS.—In this subsection: 

14 (A) The term ‘‘contingency operation’’ has 

15 the meaning given that term in section 

16 101(a)(13) of title 10, United States Code. 

17 (B) The term ‘‘FEHBP coverage’’ means 

18 coverage provided under chapter 89 of title 5, 

19 United States Code. 

Æ 


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