I 

111TH CONGRESS 

1ST SESSION H. R. 3345 

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 HOUSE OF REPRESENTATIVES 

JULY 27, 2009 

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, 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’’. 


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1 SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMEND2 MENTS REGARDING NATIONAL GUARD TECH3 NICIANS. 

4 (a) AUTHORITY TO EMPLOY TECHNICIAN AS NON5 DUAL STATUS TECHNICIAN AFTER 20 YEARS OF CRED6 ITABLE SERVICE.—Subsection (c) of section 709 of title 

7 32, United States Code, is amended to read as follows: 

8 ‘‘(c) A person may be employed under subsection (a) 

9 as a non-dual status technician (as defined by section 

10 10217 of title 10) if— 

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

12 person has been designated by the Secretary con13 cerned to be filled only by a non-dual status techni14 cian; or 

15 ‘‘(2) the person occupying the technician posi16 tion has at least 20 years of creditable service as a 

17 military technician (dual status).’’. 

18 (b) EXCEPTION TO DUAL-STATUS EMPLOYMENT

19 CONDITION OF MEMBERSHIP IN SELECTED RESERVE.— 

20 Section 10216 of title 10, United States Code, is amend21 ed— 

22 (1) in subsection (a)(1)(B), by inserting ‘‘sub23 ject to subsection (d),’’ before ‘‘is required’’; and 

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

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


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1 as provided in section 709(c)(2) of title 32 or as oth2 erwise specifically exempted by law’’. 

3 (c) CONTINUED COMPENSATION AFTER LOSS OF

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

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

6 to read as follows: 

7 ‘‘(e) CONTINUED COMPENSATION AFTER LOSS OF

8 MEMBERSHIP IN SELECTED RESERVE.—Funds appro9 priated for the Department of Defense may continue to 

10 be used to provide compensation to a military technician 

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

12 who is no longer a member of the Selected Reserve. The 

13 compensation may be provided for a period up to 12 

14 months following the technician’s loss of membership in 

15 the Selected Reserve.’’. 

16 (d) REPEAL OF PERMANENT LIMITATIONS ON NUM17 BER OF NON-DUAL STATUS TECHNICIANS.—Section 

18 10217 of title 10, United States Code, is amended by 

19 striking subsection (c). 

20 (e) TECHNICIAN APPEAL AND SENIORITY RIGHTS.— 

21 Section 709 of title 32, United States Code, is amended— 

22 (1) in subsection (f)— 

23 (A) by inserting ‘‘and’’ at the end of para24 graph (3); 

25 (B) by striking paragraph (4); and 


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1 (C) by redesignating paragraph (5) as 

2 paragraph (4); and 

3 (2) in subsection (g), by striking ‘‘2108, 3502, 

4 7511, and 7512’’ and inserting ‘‘2108 and 7511’’. 

5 (f) AVAILABILITY OF CERTAIN ENLISTMENT, REEN6 LISTMENT, AND STUDENT LOAN BENEFITS FOR MILI7 TARY TECHNICIANS.—Section 10216 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new subsection: 

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 


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1 as an additional incentive for the individual to accept and 

2 maintain such membership’’. 

3 (g) REPEAL OF PROHIBITION AGAINST OVERTIME

4 PAY FOR NATIONAL GUARD TECHNICIANS.— 

5 (1) AUTHORITY FOR SECRETARY TO GRANT

6 OVERTIME PAY.—Section 709(h) of title 32, United 

7 States Code, is amended by striking the second sen8 tence and inserting the following new sentence: ‘‘The 

9 Secretary concerned shall pay a technician for irreg10 ular or overtime work at a rate equal to one and 

11 one-half times the rate of basic pay applicable to the 

12 technician, except that, at the request of the techni13 cian, the Secretary may grant the technician, instead 

14 of such pay, an amount of compensatory time off 

15 from the technician’s scheduled tour of duty equal to 

16 the amount of time spent in such irregular or over17 time work.’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall apply with respect to irreg20 ular or overtime work performed by an employee 

21 subject to section 709 of title 32, United States 

22 Code, on or after the date of the enactment of this 

23 Act. 

24 (h) EXTENDED DEPLOYMENT BONUS FOR MILITARY

25 TECHNICIANS.—Section 709 of title 32, United States 


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1 Code, is amended by adding at the end the following new 

2 subsection: 

3 ‘‘(j) A person employed as a military technician who 

4 is called or ordered to active duty in support of an over5 seas contingency operation shall receive a bonus in the 

6 amount of $100 for each day of such duty in excess of 

7 180 days.’’. 

8 (i) RETENTION OF MILITARY TECHNICIANS WHO

9 LOSE DUAL STATUS DUE TO COMBAT-RELATED DIS10 ABILITY.—Section 10216(g) of title 10, United States 

11 Code, is amended— 

12 (1) in paragraph (1), by striking ‘‘may’’ in the 

13 matter preceding subparagraph (A) and inserting 

14 ‘‘shall’’; and 

15 (2) by striking paragraph (3). 

16 (j) REDUCTION IN ELIGIBILITY AGE FOR RETIRE17 MENT FOR NON-REGULAR SERVICE.—Section 12731(f) of 

18 title 10, United States Code, is amended by striking ‘‘60 

19 years of age’’ both places it appears and inserting ‘‘55 

20 years of age’’. 

21 SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS RE22 GARDING NATIONAL GUARD TECHNICIANS. 

23 (a) RETIREMENT.— 


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1 (1) AMENDMENT TO FERS.—Subsection (c) of 

2 section 8414 of title 5, United States Code, is 

3 amended to read as follows: 

4 ‘‘(c) An employee who is separated from service as 

5 a military technician (dual status)— 

6 ‘‘(1) after completing 25 years of service as 

7 such a technician, or 

8 ‘‘(2) after becoming 50 years of age and com9 pleting 20 years of service as such a technician, 

10 is entitled to an annuity, if the separation is by reason 

11 of either separating from the Selected Reserve or ceasing 

12 to hold the military grade specified by the Secretary con13 cerned for the position involved, and is not by removal for 

14 cause on charges of misconduct or delinquency.’’. 

15 (2) AMENDMENT TO CSRS.—Section 8336 of 

16 title 5, United States Code, is amended by adding 

17 at the end the following new subsection: 

18 ‘‘(q) An employee who is separated from service as 

19 a military technician (dual status)— 

20 ‘‘(1) after completing 25 years of service as 

21 such a technician, or 

22 ‘‘(2) after becoming 50 years of age and com23 pleting 20 years of service as such a technician, 

24 is entitled to an annuity, if the separation is by reason 

25 of either separating from the Selected Reserve or ceasing 


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1 to hold the military grade specified by the Secretary con2 cerned for the position involved, and is not by removal for 

3 cause on charges of misconduct or delinquency.’’. 

4 (3) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall apply with respect to separa6 tions from service as a military technician (dual sta7 tus) occurring on or after the date of the enactment 

8 of this Act. 

9 (b) MILITARY LEAVE.—Section 6323(a)(1) of title 5, 

10 United States Code, is amended by striking ‘‘15 days’’ 

11 each place it appears and inserting ‘‘30 days’’. 

12 (c) HEALTH BENEFITS.—Subparagraph (B) of sec13 tion 8906(e)(3) of title 5, United States Code, is amended 

14 to read as follows: 

15 ‘‘(B) An employee referred to in subparagraph (A) 

16 is an employee who— 

17 ‘‘(i) is enrolled in a health benefits plan under 

18 this chapter; 

19 ‘‘(ii) is a member of a Reserve component of 

20 the Armed Forces; 

21 ‘‘(iii) is placed on leave without pay or sepa22 rated from service to perform the active duty or 

23 other duties described in clause (iv); and 

24 ‘‘(iv) is called or ordered to— 


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1 ‘‘(I) active duty in support of a contin2 gency operation (as defined in section 

3 101(a)(13) of title 10); 

4 ‘‘(II) active duty for a period of more than 

5 30 consecutive days; 

6 ‘‘(III) active duty under section 12406 of 

7 title 10, United States Code; 

8 ‘‘(IV) perform training or other duties de9 scribed under paragraph (1) or (2) of section 

10 502(f) of title 32; or 

11 ‘‘(V) while not in Federal service, perform 

12 duties related to an emergency declared by the 

13 chief executive of a State, the District of Co14 lumbia, the Commonwealth of Puerto Rico, or 

15 a territory or possession of the United States.’’. 

16 (d) STUDY AND REPORT.— 

17 (1) IN GENERAL.—Within 6 months after the 

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

19 Defense and the Director of the Office of Personnel 

20 Management shall jointly conduct a study and sub21 mit to Congress a report concerning the problems 

22 associated with the conversion of military techni23 cians from FEHBP coverage to coverage provided 

24 under chapter 55 of title 10, United States Code, 

25 during contingency operations. 


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1 (2) DEFINITIONS.—For purposes of this sub2 section— 

3 (A) the term ‘‘FEHBP coverage’’ means 

4 coverage provided under chapter 89 of title 5, 

5 United States Code; and 

6 (B) the term ‘‘contingency operation’’ has 

7 the meaning given that term in section 

8 101(a)(13) of title 10, United States Code. 

Æ 


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