National Guard Technician Equity Act

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. Short title This Act may be cited as the National Guard Technician Equity Act 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 (c) A person shall have the right to be employed under subsection (a) as a non-dual status technician (as defined by section 10217 (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 (1) in subsection (a)(1)(B), by inserting subject to subsection (d), is required (2) in subsection (d)(1), by striking Unless specifically exempted by law Except as provided in section 709(c)(2) (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) Exemption of military technicians from review by Army Qualitative Retention Program or Air Force Selective Retention Program Subsection (f) of such section is amended to read as follows: (f) Exemption from consideration by Armed Forces retention boards A military technician (dual status) who is fully qualified in the technician's military technician (dual status) position and is properly performing the technician's military technician duties in such position— (1) shall be retained in the armed forces; (2) may not be considered for involuntary separation by a retention board of the armed force concerned; and (3) shall be entitled to re-enlist as an enlisted member so as to maintain eligibility for continued employment as a military technician (dual status). . (e) Repeal of permanent limitations on number of non-Dual status technicians Section 10217 (f) Technician restricted right of appeal and adverse actions covered (1) Rights of grievance, arbitration, appeal, and review beyond AG Section 709 (A) in subsection (f)— (i) in the matter preceding paragraph (1), by striking Notwithstanding any other provision of law and under Under (ii) in paragraph (4), by striking a right of appeal subject to subsection (j), a right of appeal (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. (g) Repeal of prohibition against overtime pay for National Guard technicians Section 709(h) Notwithstanding section 5542 5543 3. Title 5, United States Code, amendment regarding National Guard technicians and related matters (a) Leave (1) In general Section 6323(a) (A) in paragraph (1), by striking paragraph (2) paragraphs (2) and (3) (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following new paragraph (3): (3) An employee described in paragraph (1) who volunteers for active Guard and Reserve duty (as described in section 101(d)(6) section 502(f) . (2) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the following: (A) A description of the average number of hours per fiscal year that a Federal employee who is also a member of the National Guard spends in any type of leave status (including leave without pay) in order to cover periods of active duty for training or inactive-duty training (as defined in section 101 (B) An assessment whether leave provided under section 6323(a) (b) Comptroller General of the United States report on health care benefits (1) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report setting forth the following: (A) An evaluation of the feasibility of converting military technicians from FEHBP coverage to coverage provided under the TRICARE Reserve Select option of the TRICARE program. (B) A description of any problems associated with the conversion of military technicians from FEHBP coverage to coverage provided under chapter 55 (2) Definitions In this subsection: (A) The term contingency operation (B) The term FEHBP coverage

Summary: National Guard Technician Equity Act - Provides a person the right to be employed as a non-dual status technician if: (1) the technician position has been designated to be filled only by a non-dual status technician, or (2) the person occupying the technician position has at least 20 years of service as a dual status military technician. Repeals: (1) the permanent limitation on the number of non-dual status technicians, and (2) the prohibition against overtime pay for National Guard technicians. Allows military technicians who were hired as dual status technicians but are no longer members of the Selected Reserve to continue to receive compensation. Requires dual status military technicians who are fully qualified for, and properly performing, the duties of such position to be: (1) retained in the Armed Forces, (2) exempt from consideration for involuntary separation by a military retention board, and (3) entitled to re-enlist as enlisted members so as to maintain their eligibility for continued employment as dual status military technicians. Provides for a technician's rights of grievance, arbitration, appeal, and review beyond the current stage of the adjutant general of the jurisdiction concerned. Prohibits federal employees who volunteer for active National Guard and Reserve duty from accruing military leave at the rate of 15 days each fiscal year for active duty, inactive duty training, or funeral honors duty in the National Guard or Reserves. Directs the Comptroller General to evaluate the feasibility of converting military technicians from coverage under the Federal Employees Health Benefits Program (FEHBP) to coverage under the TRICARE Reserve Select option of the TRICARE program.