,,ii #aaeth ,,congress #ast ,session ,s4 #gff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bi1 #bjag ,mr4 ,manchin introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend titles #aj and #cb1 ,united ,states ,code1 to improve and enhance authorities relating to the employment1 use1 status1 and benefits of military technicians 7dual status71 and for other purposes4 #a4 ,improvement and enhancement of authorities relating to the employment1 use1 and status of military technicians 7dual status7 7a7 ,in general ,the text of section #gji of title #cb1 ,united ,states ,code1 as amended by sections #eab and #eac of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh71 is further amended to read as follows3 7a7 ,under regulations prescribed by the ,secretary of ,defense1 persons may be employed as technicians for the purposes of-- 7#a7 the support of the readiness1 organization1 administration1 instruction1 or training of the ,national ,guard2 7#b7 the maintenance and repair of supplies and equipment or facilities issued to the ,national ,guard or the armed forces2 and 7#c7 the performance of the following additional duties to the extent that the performance of such duties does not interfere with the performance of the duties described by paragraphs 7#a7 and 7#b73 7,a7 ,support of operations or missions undertaken by the technician's unit at the request of the ,president or the ,secretary of ,defense4 7,b7 ,support of ,federal training operations or ,federal training missions assigned in whole or in part to the technician's unit4 7,c7 ,instructing or training in the ,united ,states or the ,commonwealth of ,puerto ,rico or possessions of the ,united ,states of-- 7i7 active-duty members of the armed forces2 7ii7 members of foreign military forces 7under the same authorities and restrictions applicable to active-duty members providing such instruction or training72 7iii7 ,department of ,defense contractor personnel2 or 7iv7 ,department of ,defense civilian employees4 7b7 ,in this section1 a technician is a person employed under subsection 7a7 who is an employee of the ,department of the ,army or the ,department of the ,air ,force1 as the case may be1 and an employee of the ,united ,states1 and who is either of the following3 7#a7 ,a military technician 7dual status7 as defined in section #ajbaf7;a7 of title #aj who-- 7,a7 is a member of the ,national ,guard of the jurisdiction in which the person is employed2 7,b7 is outside the competitive service2 7,c7 holds the military grade specified pursuant to regulations prescribed by the ,secretary of ,defense for that position2 and 7,d7 while performing duties as a military technician 7dual status7-- 7i7 wears the uniform appropriate for the member's grade and component of the armed forces2 and 7ii7 adheres to all military regulations of the component concerned4 7#b7 ,a non-dual status technician as defined in section #ajbag of title #aj1 in a technician position designated in accordance with regulations prescribed by the ,secretary of ,defense4 7c7 ,the adjutants general referred to in section #cad of this title shall appoint1 employ1 administer1 detail1 and assign the technicians authorized by this section4 7d7 ,notwithstanding any other provision of law and under regulations prescribed by the ,secretary of ,defense-- 7#a7 a person employed under subsection 7a7 who is a military technician 7dual status7 and otherwise subject to the requirements of subsection 7b77#a7 who-- 7,a7 is separated from the ,national ,guard shall be promptly separated from military technician 7dual status7 employment by the adjutant general of the jurisdiction concerned2 or 7,b7 ceases to hold the military grade specified by the ,secretary concerned for that position or fails to maintain the security or other military standards established for a member of a reserve component pursuant to regulations prescribed by the ,secretary of ,defense that are required for that position shall be separated from employment as a military technician 7dual status7 and concurrently discharged from the ,national ,guard by the adjutant general of the jurisdiction concerned2 7#b7 a technician may1 at any time1 be separated from technician employment for cause by the adjutant general of the jurisdiction concerned2 7#c7 7,a7 a reduction in force1 furlough1 removal1 or other adverse action involving military technician 7dual status7 employment shall be accomplished by the adjutant general of the jurisdiction concerned1 and neither the ,secretary of ,defense nor the ,chief of the ,national ,guard ,bureau may order persons employed as military technicians 7dual status7 under subsection 7a7 to be furloughed2 or 7,b7 a reduction in force1 removal1 or adverse action involving discharge from non-dual status technician employment1 suspension1 furlough without pay1 or reduction in rank or compensation shall be accomplished by the adjutant general of the jurisdiction concerned2 7#d7 7,a7 in the case of a military technician 7dual status7 a right of appeal which may exist under paragraph 7#a71 7#b71 or 7#c7 shall be through military proceedings1 and shall not extend beyond the adjutant general of the jurisdiction concerned when the appeal concerns activity occurring while the member is in a military pay status or military duty standards2 or 7,b7 in the case of a non-dual status technician1 a right of appeal which may exist with respect to paragraph 7#a71 7#b71 or 7#c7 shall not extend beyond the adjutant general of the jurisdiction concerned when the appeal concerns activity occurring while the member is in a military pay status or concerns military duty standards2 7#e7 7,a7 in the case of a military technician 7dual status71 under regulations prescribed by the ,secretary of ,defense1 a right of appeal of the final decision of the adjutant general of the jurisdiction concerned which may exist under paragraph 7#a71 7#b71 or 7#c7 shall be to an administrative panel when the appeal concerns activities that occur while the technician is performing technician duties or that relate to aspects of technician employment not covered by paragraph 7#d71 and the decision of the administrative panel shall be binding upon the adjutant general of the jurisdiction concerned and may not be further appealed2 or 7,b7 in the case of a non-dual status technician1 with respect to an appeal concerning any activity not covered by paragraph 7#d71 the provisions of sections #geaa1 #geab1 and #geac of title #e and section #gag of the ,civil ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af7 shall apply2 7#f7 in the case of a military technician 7dual status71 with respect to an appeal of any final decision by the adjutant general of the jurisdiction concerned alleging discrimination based upon race1 color1 religion1 sex1 or national origin 7including an appeal of an action under paragraph 7#a71 7#b71 or 7#c7 that alleges such discrimination7 in the non-military aspects of technician employment 7but not in activities that occur while the military technician is in a military pay or duty status or that concern military duty standards71 the provisions of section #gag of the ,civil ,rights ,act of #aiia shall apply2 7#g7 a technician shall be notified in writing of the termination of employment as a technician and1 unless the technician is serving under a temporary appointment1 is serving in a trial or probationary period1 or has voluntarily ceased to be a member of the ,national ,guard when such membership is a condition of employment1 such notification shall be given at least #cj days before the termination date of such employment2 and 7#h7 a military technician 7dual status7 who is involuntarily separated from military technician 7dual status7 employment under paragraph 7#a7 or 7#c71 other than for misconduct1 shall-- 7,a7 be granted priority #a consideration under the ,department of ,defense priority placement program2 and 7,b7 be granted full eligibility under the ,interagency ,career ,transition ,assistance ,plan 7,,ictap7 under subpart ,g of part #ccj of title #e1 ,code of ,federal ,regulations 7#e ,c4,f4,r4 #ccj4gja et seq474 7e7 7#a7 ,except as provided in subsection 7d71 sections #bajh1 #cejb1 #geaa1 and #geab of title #e do not apply to a person employed under this section4 7#b7 ,in addition to the sections referred to in paragraph 7#a71 section #fcbc7;a77#a7 of title #e also does not apply to a person employed under this section who is performing active ,guard and ,reserve duty 7as that term is defined in section #aja7;d77#f7 of title #aj74 7f7 7#a7 ,notwithstanding sections #eedd7;a7 and #faja7;a7 of title #e or any other provision of law1 the ,secretary concerned may prescribe the hours of duty for technicians4 7#b7 ,notwithstanding sections #eedb and #eedc of title #e or any other provision of law1 non-dual status technicians shall be granted an amount of compensatory time off from their scheduled tour of duty equal to the amount of any time spent by them in irregular or overtime work1 and shall not be entitled to compensation for such work4 7#c7 ,notwithstanding sections #eedb and #eedc of title #e or any other provision of law and subject to the availability of funds1 military technicians 7dual status7 shall be paid at a rate of one and one-half times their basic pay rate for irregular or overtime work1 except that1 upon request or when funds are unavailable1 such technicians may be granted an amount of compensatory time off from their scheduled tour of duty equal to the amount of any time spent by them in irregular or overtime work4 7g7 ,the ,secretary concerned may not prescribe for purposes of eligibility for ,federal recognition under section #cja of this title a qualification applicable to non-dual status technicians employed under subsection 7a7 that is not applicable pursuant to that section to the other members of the ,national ,guard in the same grade1 branch1 position1 and type of unit or organization involved4 ,however1 the adjutant general of the jurisdiction concerned may prescribe such qualifications for military technicians 7dual status74 7h7 ,in this section3 7#a7 ,the term military duty standards means requirements in law1 regulation1 or policy that are applicable to military service1 including service in the ,national ,guard or other reserve components of the armed forces or service on active duty in the armed forces4 7#b7 ,the term military pay status means a period of service where the amount of pay payable to a technician for that service is based on rates of military pay provided by title #cg4 4 7b7 ,accrual of pay for overtime work contingent upon regulations ,no entitlement to payment for overtime work shall accrue under paragraph 7#c7 of subsection 7f7 of section #gji of title #cb1 ,united ,states ,code1 as amended by subsection 7a71 until the ,secretary of ,defense prescribes regulations relating to budgeted for and paying for overtime work of military technicians under that section4 #b4 ,enhancement of benefits for military technicians 7dual status7 7a7 ,bonuses and related benefits ,section #ajbaf of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7h7 ,bonuses and related benefits 7#a7 ,if an individual becomes employed as a military technician 7dual status7 while the individual is already a member of a reserve component of the armed forces1 the ,secretary concerned may not require the individual to repay any enlistment1 reenlistment1 or affiliation bonus provided to the individual in connection with the individual's enlistment or reenlistment before such employment4 7#b7 ,even though an individual employed as a military technician 7dual status7 is required as a condition of that employment to maintain membership in the ,selected ,reserve1 the individual shall not be precluded from receiving an enlistment1 reenlistment1 or affiliation bonus nor be denied the opportunity to participate in an educational loan repayment program under chapter #afji of this title as an additional incentive for the individual to accept and maintain such membership4 4 7b7 ,eligibility for ,,tricare ,standard as members of the ,selected ,reserve ,section #ajgf;d7a77#b7 of title #aj1 ,united ,states ,code1 is amended-- 7#a7 by striking ,paragraph 7#a7 does not and inserting 7,a7 ,except as provided in subparagraph 7,b71 paragraph 7#a7 does not2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 ,notwithstanding subparagraph 7,a71 paragraph 7#a7 applies to a member who is enrolled1 or eligible to enroll1 in a health benefits plan under chapter #hi of title #e if the member is a military technician 7dual status7 as described in section #ajbaf7;a7 of this title4 4 #c4 ,fiscal year #bjah end strengths for ,national ,guard military technicians 7dual status7 ,notwithstanding any other provision of law1 the minimum number of military technicians 7dual status7 as of the last day of fiscal year #bjah for the specified reserve components of the ,army and the ,air ,force 7notwithstanding section #abi of title #aj1 ,united ,states ,code7 shall be the following3 7#a7 ,for the ,army ,national ,guard of the ,united ,states1 #be1ejg4 7#b7 ,for the ,air ,national ,guard of the ,united ,states1 #bb1ajc4 #d4 ,modification of requirements relating to conversion of military technician 7dual status7 positions ,section #ajec7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #abi ,stat4 #aj ,u4,s4,c4 #ajbaf note71 as amended by section #ajhd7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh71 is further amended by striking paragraphs 7#a7 and 7#b7 and inserting the following new paragraphs3 7#a7 ,in general ,commencing not earlier than ,october #a1 #bjag1 the ,secretary of ,defense shall convert the military technician positions described in paragraph 7#b7 to positions filled by individuals who are employed under section #caja of title #e1 ,united ,states ,code1 or section #afja of title #aj1 ,united ,states ,code1 and are not military technicians4 7#b7 ,covered positions ,the positions described in this paragraph are military technician 7dual status7 positions in general administration1 clerical1 finance1 and office service occupations that are identified by the ,secretary of ,defense as convertible without affecting military readiness4 7#c7 ,limitation on number converted ,the total number of positions converted pursuant to this subsection may not exceed the number equal to #d4h percent of military technician 7dual status7 positions of the ,national ,guard and the ,reserves that are filled as of ,october #a1 #bjag4 4 #e4 ,scope of authorized duties for members of the ,national ,guard called to active ,guard and ,reserve duty by the ,governors of the ,states ,section #cbh7;b7 of title #cb1 ,united ,states ,code1 is amended by inserting 1 or additional duties in support of ,state missions1 after additional duties specified in section #ejb7;f7 of this title4 #f4 ,modification of personnel management authorities for the ,chief of the ,national ,guard ,bureau ,section #ajejh7;b7 of title #aj1 ,united ,states ,code1 as added by section #icb7b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh71 is amended-- 7#a7 in paragraph 7#a71 by striking may and all that follows and inserting 8may-- 7,a7 program for persons under sections #bajc1 #baje1 and #caja of title #e1 and section #cbh of title #cb2 and 7,b7 appoint1 employ1 administer1 detail1 and assign persons under sections #bajc1 #baje1 and #caja of title #e within the ,national ,guard ,bureau and1 with the consent and advice of the adjutant general of the jurisdiction concerned1 the ,national ,guard of each ,state1 the ,commonwealth of ,puerto ,rico1 the ,district of ,columbia1 ,guam1 and the ,virgin ,islands to execute the functions of the ,national ,guard ,bureau1 the missions of the ,national ,guard1 and missions assigned by the ,chief of the ,national ,guard ,bureau4 2 and 7#b7 by striking paragraph 7#b7 and inserting the following new paragraph 7#b73 7#b7 ,administration through adjutants general ,the adjutants general referred to in section #cad of title #cb shall exercise the authority of the ,chief of the ,national ,guard ,bureau under paragraph 7#a77;,b7 to appoint1 employ1 administer1 detail1 and assign persons under sections #bajc1 #baje1 and #caja of title #e within their jurisdictions4 ,the adjutants general may delegate such authority to persons under sections #cbh and #gji of title #cb4 4