Pub. L. 114-328, div. A, tit. V, subtit. B, sec. 512 (as amended)
RIGHTS AND PROTECTIONS AVAILABLE TO MILITARY TECHNICIANS.
SEC. 512. RIGHTS AND PROTECTIONS AVAILABLE TO MILITARY TECHNICIANS.
(a) In General.—Section 709 of title 32, United States Code, is amended—
(1) in subsection (f)—
(A) in paragraph (4), by striking “; and” and inserting “when the appeal concerns activity occurring while the member is in a military pay status, or concerns fitness for duty in the reserve components;”;
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following new paragraph (5):
“(5) with respect to an appeal concerning any activity not covered by paragraph (4), the provisions of sections 7511, 7512, and 7513 of title 5, and section 717 of the Civil Rights Act of 1991 (42 U.S.C. 2000e-16) shall apply; and”
; and
(2) in subsection (g), by striking “Sections” and inserting “Except as provided in subsection (f), sections”.
(b) Definitions.—Section 709 of title 32, United States Code, is further amended by adding at the end the following new subsection:
“(j) In this section:
“(1) 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 for under title 37.
“(2) The term ‘fitness for duty in the reserve components’ refers only to military-unique service requirements that attend to military service generally, including service in the reserve components or service on active duty.”
.
(c) Conforming Amendment.—Section 7511(b) of title 5, United States Code, is amended by striking paragraph (5).