,,ii #aacth ,,congress #b;d ,session ,s4 #bcab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #h1 #bjad ,mr4 ,reed introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend titles #e1 #aj1 and #cb1 ,united ,states ,code1 to eliminate inequities in the treatment of ,national ,guard technicians1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,guard ,technician ,equity ,act4 #b4 ,titles #aj and #cb1 ,united ,states ,code1 amendments regarding ,national ,guard technicians and related provisions 7a7 ,authority ,to employ technician as non-,dual status technician after #bj years of creditable service ,subsection 7c7 of section #gji of title #cb1 ,united ,states ,code1 is amended to read as follows3 7c7 ,a person shall have the right to be employed under subsection 7a7 as a non-dual status technician 7as defined by section #ajbag of title #aj7 if-- 7#a7 the technician position occupied by the person has been designated by the ,secretary concerned to be filled only by a non-dual status technician2 or 7#b7 the person occupying the technician position has at least #bj years of creditable service as a military technician 7dual status74 4 7b7 ,exception to dual-,status employment condition of membership in ,selected ,reserve ,section #ajbaf of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,b71 by inserting subject to subsection 7d71 before is required2 and 7#b7 in subsection 7d77#a71 by striking ,unless specifically exempted by law and inserting ,except as provided in section #gji7;c77#b7 of title #cb or as otherwise specifically exempted by law4 7c7 ,continued compensation after loss of membership in ,selected ,reserve ,subsection 7e7 of section #ajbaf of title #aj1 ,united ,states ,code1 is amended to read as follows3 7e7 ,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 7dual status71 but who is no longer a member of the ,selected ,reserve4 4 7d7 ,exemption of military technicians from review by ,army ,qualitative ,retention ,program or ,air ,force ,selective ,retention ,program ,subsection 7f7 of such section is amended to read as follows3 7f7 ,exemption from consideration by ,armed ,forces retention boards ,a military technician 7dual status7 who is fully qualified in the technician's military technician 7dual status7 position and is properly performing the technician's military technician duties in such position-- 7#a7 shall be retained in the armed forces2 7#b7 may not be considered for involuntary separation by a retention board of the armed force concerned2 and 7#c7 shall be entitled to re-enlist as an enlisted member so as to maintain eligibility for continued employment as a military technician 7dual status74 4 7e7 ,repeal of permanent limitations on number of non-,dual status technicians ,section #ajbag of title #aj1 ,united ,states ,code1 is amended by striking subsection 7c74 7f7 ,technician restricted right of appeal and adverse actions covered 7#a7 ,rights of grievance1 arbitration1 appeal1 and review beyond ,,ag ,section #gji of title #cb1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7f7-- 7i7 in the matter preceding paragraph 7#a71 by striking ,notwithstanding any other provision of law and under and inserting ,under2 and 7ii7 in paragraph 7#d71 by striking a right of appeal and inserting subject to subsection 7j71 a right of appeal2 and 7,b7 by adding at the end the following new subsection3 7j7 7#a7 ,notwithstanding subsection 7f77#d7 or any other provision of law1 a technician and a labor organization that is the exclusive representative of a bargaining unit including the technician shall have the rights of grievance1 arbitration1 appeal1 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 ,circuit1 in the same manner as provided in sections #dcjc1 #gaba1 and #ggja-ggjc of title #e1 with respect to a performance-based or adverse action imposing removal1 suspension for more than #ad days1 furlough for #cj days or less1 or reduction in pay or pay band 7or comparable reduction74 7#b7 ,this subsection does not apply to a technician who is serving under a temporary appointment or in a trial or probationary period4 4 7#b7 ,adverse actions covered ,section #gji7;g7 of title #cb1 ,united ,states ,code1 is amended by striking #geaa1 and #geab4 7#c7 ,conforming amendment ,section #geaa7;b7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking paragraph 7#e72 and 7,b7 by redesignating paragraphs 7#f7 through 7#aj7 as paragraphs 7#e7 through 7#i71 respectively4 7g7 ,repeal of prohibition against overtime pay for ,national ,guard technicians ,section #gji7;h7 of title #cb1 ,united ,states ,code1 is amended by striking the second sentence and inserting the following new sentence3 ,notwithstanding section #eedb or #eedc of title #e or any other provision of law1 the ,secretary concerned shall pay a technician for irregular or overtime work at a rate equal to the rate of basic pay applicable to the technician1 except that1 at the request of the technician1 the ,secretary may grant the technician1 instead of such pay1 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 work44 #c4 ,title #e1 ,united ,states ,code1 amendment regarding ,national ,guard technicians and related matters 7a7 ,leave 7#a7 ,in general ,section #fcbc7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a71 by striking paragraph 7#b7 and inserting paragraphs 7#b7 and 7#c72 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by inserting after paragraph 7#b7 the following new paragraph 7#c73 7#c7 ,an employee described in paragraph 7#a7 who volunteers for active ,guard and ,reserve duty 7as described in section #aja7;d77#f7 of title #aj7 or training or duty under section #ejb7;f7 of title #cb shall not accrue leave under this subsection4 4 7#b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to ,congress a report setting forth the following3 7,a7 ,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 7including leave without pay7 in order to cover periods of active duty for training or inactive-duty training 7as defined in section #aja of title #cg1 ,united ,states ,code71 or to engage in other training under sections #ejb-eje of title #cb1 ,united ,states ,code4 7,b7 ,an assessment whether leave provided under section #fcbc7;a7 of title #e1 ,united ,states ,code 7as amended by paragraph 7#a771 is adequate to cover the operational tempo of the ,national ,guard4 7b7 ,comptroller ,general of the ,united ,states report on health care benefits 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report setting forth the following3 7,a7 ,an evaluation of the feasibility of converting military technicians from ,,fehbp coverage to coverage provided under the ,,tricare ,reserve ,select option of the ,,tricare program4 7,b7 ,a description of any problems associated with the conversion of military technicians from ,,fehbp coverage to coverage provided under chapter #ee of title #aj1 ,united ,states ,code1 during contingency operations4 7#b7 ,definitions ,in this subsection3 7,a7 ,the term contingency operation has the meaning given that term in section #aja7;a77#ac7 of title #aj1 ,united ,states ,code4 7,b7 ,the term ,,fehbp coverage means coverage provided under chapter #hi of title #e1 ,united ,states ,code4