I 
112TH CONGRESS 
1ST SESSION H. R. 1169 
To amend titles 5, 10, and 32, United States Code, to eliminate inequities 
in the treatment of National Guard technicians, to reduce the eligibility 
age for retirement for non-Regular service, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2011 
Mr. ANDREWS introduced the following bill; which was referred to the Com-
mittee 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 with-
in 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, to reduce the eligibility age for retirement 
for non-Regular service, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Guard Tech-
nician Equity Act’’. 
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SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMEND-
MENTS REGARDING NATIONAL GUARD TECH-
NICIANS AND RELATED PROVISIONS. 
(a) AUTHORITY TO EMPLOY TECHNICIAN AS NON- 
DUAL STATUS TECHNICIAN AFTER 20 YEARS OF CRED-
ITABLE SERVICE.—Subsection (c) of section 709 of title 
32, United States Code, is amended to read as follows: 
‘‘(c) A person shall have the right to be employed 
under subsection (a) as a non-dual status technician (as 
defined by section 10217 of title 10) if— 
‘‘(1) the technician position occupied by the 
person has been designated by the Secretary con-
cerned to be filled only by a non-dual status techni-
cian; or 
‘‘(2) the person occupying the technician posi-
tion 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 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a)(1)(B), by inserting ‘‘sub-
ject to subsection (d),’’ before ‘‘is required’’; and 
(2) in subsection (d)(1), by striking ‘‘Unless 
specifically exempted by law’’ and inserting ‘‘Except 
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as provided in section 709(c)(2) of title 32 or as oth-
erwise specifically exempted by law’’. 
(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 appro-
priated 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) REPEAL OF PERMANENT LIMITATIONS ON NUM-
BER
OF
NON-DUAL
STATUS
TECHNICIANS.—Section 
10217 of title 10, United States Code, is amended by 
striking subsection (c). 
(e) TECHNICIAN RESTRICTED RIGHT
OF APPEAL 
AND ADVERSE ACTIONS COVERED.— 
(1) RIGHTS OF GRIEVANCE, ARBITRATION, AP-
PEAL, AND REVIEW BEYOND AG.—Section 709 of 
title 32, United States Code, is amended— 
(A) in subsection (f)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘Notwithstanding any 
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other provision of law and under’’ and in-
serting ‘‘Under’’; and 
(ii) in paragraph (4), by striking ‘‘a 
right of appeal’’ and inserting ‘‘subject to 
subsection (j), a right of appeal’’; and 
(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 organiza-
tion that is the exclusive representative of a bargaining 
unit including the technician shall have the rights of griev-
ance, 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 reduc-
tion 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.’’. 
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(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 amend-
ed— 
(A) by striking paragraph (5); and 
(B) 
by 
redesignating 
paragraphs 
(6) 
through (10) as paragraphs (5) through (9), re-
spectively. 
(f) TECHNICIAN SENIORITY RIGHTS DURING RIF.— 
Subsection (g) of section 709 of title 32, United States 
Code, as amended by subsection (e)(2), is amended to read 
as follows: 
‘‘(g) Section 2108 of title 5 does not apply to a per-
son employed under this section.’’. 
(g) AVAILABILITY OF CERTAIN ENLISTMENT, REEN-
LISTMENT, AND STUDENT LOAN BENEFITS FOR MILI-
TARY TECHNICIANS.—Section 10216 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(h) ELIGIBILITY FOR BONUSES AND OTHER BENE-
FITS.—(1) If an individual becomes employed as a military 
technician (dual status) while the individual is already a 
member of a reserve component, the Secretary concerned 
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may not require the individual to repay any enlistment, 
reenlistment, or affiliation bonus provided to the indi-
vidual in connection with the individual’s enlistment or re-
enlistment before such employment. 
‘‘(2) Even though an individual employed as a mili-
tary technician (dual status) is required as a condition of 
that employment to maintain membership in the Selected 
Reserve, the individual shall not be precluded from receiv-
ing an enlistment, reenlistment, or affiliation bonus nor 
be denied the opportunity to participate in an educational 
loan repayment program under chapter 1609 of this title 
as an additional incentive for the individual to accept and 
maintain such membership’’. 
(h) REPEAL OF PROHIBITION AGAINST OVERTIME 
PAY
FOR
NATIONAL
GUARD
TECHNICIANS.—Section 
709(h) of title 32, United States Code, is amended by 
striking the second sentence and inserting the following 
new sentence: ‘‘The Secretary concerned shall pay a tech-
nician for irregular or overtime work at a rate equal to 
one and one-half times the rate of basic pay applicable 
to the technician, except that, at the request of the techni-
cian, the Secretary may grant the technician, instead of 
such pay, an amount of compensatory time off from the 
technician’s scheduled tour of duty equal to the amount 
of time spent in such irregular or overtime work.’’. 
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SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS RE-
GARDING NATIONAL GUARD TECHNICIANS 
AND RELATED PROVISIONS. 
(a) LOWERING RETIREMENT AGE.— 
(1) AMENDMENT TO FERS.—Subsection (c) of 
section 8414 of title 5, United States Code, is 
amended to read as follows: 
‘‘(c)(1) Under the circumstances described in para-
graph (2), an employee who is separated from service as 
a military technician (dual status) is entitled to an annuity 
if the separation is by reason of either— 
‘‘(A) separating from the Selected Reserve; or 
‘‘(B) ceasing to hold the military grade speci-
fied by the Secretary concerned for the position in-
volved. 
‘‘(2) Except as provided in paragraph (3), paragraph 
(1) applies to a military technician (dual status) who is 
separated— 
‘‘(A) after completing 25 years of service as 
such a technician, or 
‘‘(B) after becoming 50 years of age and com-
pleting 20 years of service as such a technician. 
‘‘(3) Paragraph (1) does not apply if separation or 
removal is for cause on charges of misconduct or delin-
quency.’’. 
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(2) AMENDMENT
TO
CSRS.—Section 8336 of 
title 5, United States Code, is amended by adding 
at the end the following new subsection: 
‘‘(q)(1) Under the circumstances described in para-
graph (2), an employee who is separated from service as 
a military technician (dual status) is entitled to an annuity 
if the separation is by reason of either— 
‘‘(A) separating from the Selected Reserve; or 
‘‘(B) ceasing to hold the military grade speci-
fied by the Secretary concerned for the position in-
volved. 
‘‘(2) Except as provided in paragraph (3), paragraph 
(1) applies to a military technician (dual status) who is 
separated— 
‘‘(A) after completing 25 years of service as 
such a technician, or 
‘‘(B) after becoming 50 years of age and com-
pleting 20 years of service as such a technician. 
‘‘(3) Paragraph (1) does not apply if separation or 
removal is for cause on charges of misconduct or delin-
quency.’’. 
(b) ADEQUATE LEAVE TIME FOR MILITARY ACTIVA-
TIONS.—Section 6323(a)(1) of title 5, United States Code, 
is amended by striking the last sentence and inserting the 
following new sentence: ‘‘Leave under this subsection ac-
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crues for an employee or individual at the rate of 30 days 
per fiscal year and, to the extent that such leave is not 
used by the employee or individual during the fiscal year 
accrued, accumulates without limitation for use in suc-
ceeding fiscal years.’’. 
(c) IMPROVED HEALTH CARE BENEFITS.— 
(1) FEHBP CHANGES.—Subparagraph (B) of 
section 8906(e)(3) of title 5, United States Code, is 
amended to read as follows: 
‘‘(B) An employee referred to in subparagraph (A) 
is an employee who— 
‘‘(i) is enrolled in a health benefits plan under 
this chapter; 
‘‘(ii) is a member of a reserve component of the 
Armed Forces; 
‘‘(iii) is placed on leave without pay or sepa-
rated from service to perform the active duty or 
other duties described in clause (iv); and 
‘‘(iv) is called or ordered to— 
‘‘(I) active duty in support of a contin-
gency 
operation 
(as 
defined 
in 
section 
101(a)(13) of title 10); 
‘‘(II) active duty for a period of more than 
30 consecutive days; 
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‘‘(III) active duty under section 12406 of 
title 10; 
‘‘(IV) perform training or other duties de-
scribed under paragraph (1) or (2) of section 
502(f) of title 32; or 
‘‘(V) while not in Federal service, perform 
duties related to an emergency declared by the 
chief executive of a State, the District of Co-
lumbia, the Commonwealth of Puerto Rico, or 
a territory or possession of the United States.’’. 
(2) STUDY AND REPORT.— 
(A) IN GENERAL.—Within 6 months after 
the date of the enactment of this Act, the Sec-
retary of Defense and the Director of the Office 
of Personnel Management shall jointly conduct 
a study and submit to Congress a report— 
(i) evaluating the feasibility of con-
verting military technicians from FEHBP 
coverage to coverage provided under the 
TRICARE or TRICARE Reserve Select 
program (or both); and 
(ii) identifying any problems associ-
ated with the conversion of military techni-
cians from FEHBP coverage to coverage 
provided under chapter 55 of title 10, 
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United States Code, during contingency 
operations. 
(B) DEFINITIONS.—For purposes of this 
subsection— 
(i) the term ‘‘FEHBP coverage’’ 
means coverage provided under chapter 89 
of title 5, United States Code; and 
(ii) the term ‘‘contingency operation’’ 
has the meaning given that term in section 
101(a)(13) of title 10, United States Code. 
SEC. 4. REDUCTION IN ELIGIBILITY AGE FOR RETIREMENT 
FOR NON-REGULAR SERVICE. 
Section 12731(f) of title 10, United States Code, is 
amended by striking ‘‘60 years of age’’ both places it ap-
pears and inserting ‘‘55 years of age’’. 
Æ 
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