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. HIN-
CHEY, Mrs. MCMORRIS RODGERS, Mr. MASSA, Ms. DELAURO, Ms. GIF-
FORDS, Mr. MURPHY of Connecticut, and Mr. SMITH of New Jersey) in-
troduced 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 over-
time pay for National Guard technicians. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Guard Tech-
nician Recruitment and Retention Act’’. 
SEC. 2. AVAILABILITY OF CERTAIN ENLISTMENT, REEN-
LISTMENT, AND STUDENT LOAN BENEFITS 
FOR MILITARY TECHNICIANS (DUAL STATUS). 
Section 10216 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(h) ELIGIBILITY FOR BONUSES AND OTHER BENE-
FITS.—(1) If an individual is first employed as a military 
technician (dual status) while the individual is already a 
member of a reserve component, the Secretary concerned 
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’’. 
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SEC. 3. REPEAL OF PROHIBITION AGAINST OVERTIME PAY 
FOR NATIONAL GUARD TECHNICIANS. 
(a) AUTHORITY FOR SECRETARY TO GRANT OVER-
TIME PAY.—Section 709(h) of title 32, United States 
Code, is amended by striking the second sentence and in-
serting the following new sentence: ‘‘The Secretary con-
cerned shall pay a technician 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 technician, the Secretary may grant the 
technician, instead of such pay, an amount of compen-
satory time off from the technician’s scheduled tour of 
duty equal to the amount of time spent in such irregular 
or overtime work.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to irregular or over-
time work performed by an employee subject to section 
709 of title 32, United States Code, on or after the date 
of the enactment of this Act. 
Æ 
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