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 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, 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. 
(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 may 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. The 
compensation may be provided for a period up to 12 
months following the technician’s loss of membership in 
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 APPEAL AND SENIORITY RIGHTS.— 
Section 709 of title 32, United States Code, is amended— 
(1) in subsection (f)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (3); 
(B) by striking paragraph (4); and 
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(C) by redesignating paragraph (5) as 
paragraph (4); and 
(2) in subsection (g), by striking ‘‘2108, 3502, 
7511, and 7512’’ and inserting ‘‘2108 and 7511’’. 
(f) 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 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 
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as an additional incentive for the individual to accept and 
maintain such membership’’. 
(g) REPEAL OF PROHIBITION AGAINST OVERTIME 
PAY FOR NATIONAL GUARD TECHNICIANS.— 
(1) AUTHORITY
FOR
SECRETARY
TO
GRANT 
OVERTIME PAY.—Section 709(h) of title 32, United 
States Code, is amended by striking the second sen-
tence and inserting the following new sentence: ‘‘The 
Secretary concerned shall pay a technician for irreg-
ular 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 over-
time work.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to irreg-
ular or overtime 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. 
(h) EXTENDED DEPLOYMENT BONUS FOR MILITARY 
TECHNICIANS.—Section 709 of title 32, United States 
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Code, is amended by adding at the end the following new 
subsection: 
‘‘(j) A person employed as a military technician who 
is called or ordered to active duty in support of an over-
seas contingency operation shall receive a bonus in the 
amount of $100 for each day of such duty in excess of 
180 days.’’. 
(i) RETENTION
OF MILITARY TECHNICIANS WHO 
LOSE DUAL STATUS DUE TO COMBAT-RELATED DIS-
ABILITY.—Section 10216(g) of title 10, United States 
Code, is amended— 
(1) in paragraph (1), by striking ‘‘may’’ in the 
matter preceding subparagraph (A) and inserting 
‘‘shall’’; and 
(2) by striking paragraph (3). 
(j) REDUCTION IN ELIGIBILITY AGE FOR RETIRE-
MENT FOR NON-REGULAR SERVICE.—Section 12731(f) of 
title 10, United States Code, is amended by striking ‘‘60 
years of age’’ both places it appears and inserting ‘‘55 
years of age’’. 
SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS RE-
GARDING NATIONAL GUARD TECHNICIANS. 
(a) RETIREMENT.— 
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(1) AMENDMENT TO FERS.—Subsection (c) of 
section 8414 of title 5, United States Code, is 
amended to read as follows: 
‘‘(c) An employee who is separated from service as 
a military technician (dual status)— 
‘‘(1) after completing 25 years of service as 
such a technician, or 
‘‘(2) after becoming 50 years of age and com-
pleting 20 years of service as such a technician, 
is entitled to an annuity, if the separation is by reason 
of either separating from the Selected Reserve or ceasing 
to hold the military grade specified by the Secretary con-
cerned for the position involved, and is not by removal for 
cause on charges of misconduct or delinquency.’’. 
(2) AMENDMENT
TO
CSRS.—Section 8336 of 
title 5, United States Code, is amended by adding 
at the end the following new subsection: 
‘‘(q) An employee who is separated from service as 
a military technician (dual status)— 
‘‘(1) after completing 25 years of service as 
such a technician, or 
‘‘(2) after becoming 50 years of age and com-
pleting 20 years of service as such a technician, 
is entitled to an annuity, if the separation is by reason 
of either separating from the Selected Reserve or ceasing 
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to hold the military grade specified by the Secretary con-
cerned for the position involved, and is not by removal for 
cause on charges of misconduct or delinquency.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to separa-
tions from service as a military technician (dual sta-
tus) occurring on or after the date of the enactment 
of this Act. 
(b) MILITARY LEAVE.—Section 6323(a)(1) of title 5, 
United States Code, is amended by striking ‘‘15 days’’ 
each place it appears and inserting ‘‘30 days’’. 
(c) HEALTH BENEFITS.—Subparagraph (B) of sec-
tion 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— 
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