I
106TH CONGRESS
2D SESSION
H. R. 4361
To amend title 10, United States Code, to extend to National Guard military
technicians the applicability of certain provisions concerning separation
and retirement of Army Reserve and Air Force Reserve military techni-
cians.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 2000
Mr. PETERSON of Minnesota introduced the following bill; which was referred
to the Committee on Armed Services, and in addition to the Committee
on Government Reform, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To amend title 10, United States Code, to extend to National
Guard military technicians the applicability of certain
provisions concerning separation and retirement of Army
Reserve and Air Force Reserve military technicians.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SEPARATION AND RETIREMENT OF NATIONAL
GUARD MILITARY TECHNICIANS ON SAME
BASIS ON RESERVE TECHNICIANS.
(a) IN GENERAL.—(1) Chapter 1007 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 10219. National Guard technicians: conditions for
retention; mandatory retirement under
civil service laws
‘‘(a) SEPARATION AND RETIREMENT OF MILITARY
TECHNICIANS (DUAL STATUS).—(1) An individual em-
ployed by the Department of the Army or the Department
of the Air Force under section 709 of title 32 as a military
technician (dual status) who after the date of the enact-
ment of this section loses dual status is subject to para-
graph (2) or (3), as the case may be.
‘‘(2) If a technician described in paragraph (1) is eli-
gible at the time dual status is lost for an unreduced annu-
ity, the technician shall be separated not later than 30
days after the date on which dual status is lost.
‘‘(3)(A) If a technician described in paragraph (1) is
not eligible at the time dual status is lost for an unreduced
annuity, the technician shall be offered the opportunity
to—
‘‘(i) reapply for, and if qualified be appointed
to, a position as a military technician (dual status);
or
‘‘(ii) apply for a civil service position that is not
a technician position.
‘‘(B) If such a technician continues employment with
the Department of the Army or the Department of the
Air Force as a non-dual status technician, the
technician—
‘‘(i) shall not be permitted, after the end of the
one-year period beginning on the date of the enact-
ment of this section, to apply for any voluntary per-
sonnel action; and
‘‘(ii) shall be separated or retired—
‘‘(I) in the case of a technician first hired
as a military technician (dual status) on or be-
fore February 10, 1996, not later than 30 days
after becoming eligible for an unreduced annu-
ity; and
‘‘(II) in the case of a technician first hired
as a military technician (dual status) after Feb-
ruary 10, 1996, not later than one year after
the date on which dual status is lost.
‘‘(4) For purposes of this subsection, a military tech-
nician is considered to lose dual status upon—
‘‘(A) being separated from the Selected Re-
serve; or
‘‘(B) ceasing to hold the military grade speci-
fied by the Secretary concerned for the position held
by the technician.
‘‘(b) NON-DUAL STATUS TECHNICIANS.—(1) An in-
dividual who on the date of the enactment of this section
is employed by the Department of the Army or the De-
partment of the Air Force under section 709 of title 32
as a non-dual status technician and who on that date is
eligible for an unreduced annuity shall be separated not
later than six months after the date of the enactment of
this section.
‘‘(2)(A) An individual who on the date of the enact-
ment of this section is employed by the Department of
the Army or the Department of the Air Force under sec-
tion 709 of title 32 as a non-dual status technician and
who on that date is not eligible for an unreduced annuity
shall be offered the opportunity to—
‘‘(i) reapply for, and if qualified be appointed
to, a position as a military technician (dual status);
or
‘‘(ii) apply for a civil service position that is not
a technician position.