I 

111TH CONGRESS 

1ST SESSION H. R. 3336 

To amend title 10, United States Code, to lift restrictions on the availability 

of certain enlistment, reenlistment, and student loan benefits for military 

technicians, when membership in a reserve component is a condition 

of the military technician’s employment and to repeal the prohibition 

in title 32, United States Code, against overtime pay for National Guard 

technicians. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2009 

Mr. COURTNEY (for himself, Mr. ROSS, Mr. HARE, Mr. YOUNG of Alaska, Mr. 

WALZ, Mr. LOEBSACK, Mr. COHEN, Mr. BRADY of Pennsylvania, Mr. 

GRIJALVA, Mr. JOHNSON of Georgia, Mr. BISHOP of Georgia, Mr. HINCHEY, Mrs. MCMORRIS RODGERS, Mr. MASSA, Ms. DELAURO, Ms. GIFFORDS, Mr. MURPHY of Connecticut, and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Committee on 

Armed Services 

A BILL 

To amend title 10, United States Code, to lift restrictions 

on the availability of certain enlistment, reenlistment, 

and student loan benefits for military technicians, when 

membership in a reserve component is a condition of 

the military technician’s employment and to repeal the 

prohibition in title 32, United States Code, against overtime pay for National Guard technicians. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Guard Tech3 nician Recruitment and Retention Act’’. 

4 SEC. 2. AVAILABILITY OF CERTAIN ENLISTMENT, REEN5 LISTMENT, AND STUDENT LOAN BENEFITS 

6 FOR MILITARY TECHNICIANS (DUAL STATUS). 

7 Section 10216 of title 10, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(h) ELIGIBILITY FOR BONUSES AND OTHER BENE11 FITS.—(1) If an individual is first employed as a military 

12 technician (dual status) while the individual is already a 

13 member of a reserve component, the Secretary concerned 

14 may not require the individual to repay any enlistment, 

15 reenlistment, or affiliation bonus provided to the indi16 vidual in connection with the individual’s enlistment or re17 enlistment before such employment. 

18 ‘‘(2) Even though an individual employed as a mili19 tary technician (dual status) is required as a condition of 

20 that employment to maintain membership in the Selected 

21 Reserve, the individual shall not be precluded from receiv22 ing an enlistment, reenlistment, or affiliation bonus nor 

23 be denied the opportunity to participate in an educational 

24 loan repayment program under chapter 1609 of this title 

25 as an additional incentive for the individual to accept and 

26 maintain such membership’’. 


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1 SEC. 3. REPEAL OF PROHIBITION AGAINST OVERTIME PAY 

2 FOR NATIONAL GUARD TECHNICIANS. 

3 (a) AUTHORITY FOR SECRETARY TO GRANT OVER4 TIME PAY.—Section 709(h) of title 32, United States 

5 Code, is amended by striking the second sentence and in6 serting the following new sentence: ‘‘The Secretary con7 cerned shall pay a technician for irregular or overtime 

8 work at a rate equal to one and one-half times the rate 

9 of basic pay applicable to the technician, except that, at 

10 the request of the technician, the Secretary may grant the 

11 technician, instead of such pay, an amount of compen12 satory time off from the technician’s scheduled tour of 

13 duty equal to the amount of time spent in such irregular 

14 or overtime work.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall apply with respect to irregular or over17 time work performed by an employee subject to section 

18 709 of title 32, United States Code, on or after the date 

19 of the enactment of this Act. 

Æ 


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