To provide rights of grievance, arbitration, appeal, and review beyond the adjutant general for military technicians.

1. Adds SEC. 515. RIGHTS OF GRIEVANCE, ARBITRATION, APPEAL, AND REVIEW BEYOND THE ADJUTANT GENERAL FOR MILITARY TECHNICIANS at the end of subtitle B of title V

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   (c) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required by subsection (a). The report shall set forth the results of the study, including the matters specified in subsection (b), and include such comments and recommendations on the results of the study as the Secretary considers appropriate.

   Inserted: SEC. 515. RIGHTS OF GRIEVANCE, ARBITRATION, APPEAL, AND REVIEW BEYOND THE ADJUTANT GENERAL FOR MILITARY TECHNICIANS.

   Inserted: (a) Rights in Adverse Actions Not Related to Military Service.--Section 709 of title 32, United States Code, is amended--

   Inserted: (1) in subsection (f)--

   Inserted: (A) in the matter preceding paragraph (1), by striking "Notwithstanding any other provision of law and under" and inserting "Under"; and

   Inserted: (B) in paragraph (4), by striking "a right of appeal" and inserting "subject to subsection (j), a right of appeal"; and

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(j)(1) Notwithstanding subsection (f)(4) or any other provision of law, a technician and a labor organization that is the exclusive representative of a bargaining unit including the technician shall have the rights of grievance, 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 reduction in pay or pay band (or comparable reduction).

   Inserted: "(2) The rights in paragraph (1) shall not apply to actions relating to military service.

   Inserted: "(3) This subsection does not apply to a technician who is serving under a temporary appointment or in a trial or probationary period.".

   Inserted: (b) Adverse Actions Covered.--Subsection (g) of such section is amended by striking ", 3502, 7511, and 7512" and inserting "and 3502".

   Inserted: (c) Conforming Amendment.--Section 7511(b) of title 5, United States Code, is amended--

   Inserted: (1) by striking paragraph (5); and

   Show 1 more inserted paragraphShow less

   Inserted: (2) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively.

   Original wording

   At the end of subtitle B of title V, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed