[Congressional Record Volume 160, Number 69 (Thursday, May 8, 2014)]
[Senate]
[Page S2878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED:
  S. 2312. 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; to the Committee on Armed Services.
  Mr. REED. Mr. President, today I introduce the National Guard 
Technician Equity Act to address inconsistencies in the dual-status 
technician program.
  Over 48,000 National Guard dual-status technicians serve our nation. 
They are a distinct group of workers--as civilians, they work for the 
reserve components, performing administrative duties, providing 
training, and maintaining and repairing equipment. However, as a 
condition of their civilian position, they are also required to 
maintain military status--attending weekend drills and annual training, 
deploying overseas, and responding to domestic disasters and 
emergencies--thereby creating their ``dual-status.''
  As a result, dual-status technicians are caught between the 
provisions that govern the Federal civilian workforce and the military 
in numerous ways. First, under existing law, a dual-status technician 
who is no longer fit for military duty must be fired from their 
technician position, even if they are still fully capable of performing 
their civilian duties. This bill would give technicians the option of 
remaining in their civilian position if they have 20 years of service 
as a dual-status technician, so that the experience and skills of these 
dedicated employees will not be lost.
  Second, dual-status technicians do not have the same appeal rights as 
most other Federal employees, including those civilians in other 
Department of Defense positions. Federal employees who are covered by a 
collective bargaining agreement have the right to file a grievance and 
proceed to arbitration, or file a case with the Merit Systems 
Protection Board, MSPB. Currently, dual-status technicians may appeal 
to the Adjutant General in their state, but not to any neutral third 
party. This bill would allow them to also appeal to the MSPB for 
grievances unrelated to their military service.
  Third, most reserve component members are able to obtain health care 
coverage through the TRICARE Reserve Select program. However, dual-
status technicians are ineligible, despite their mandatory military 
status and reserve service, because they can participate in the Federal 
Employees Health Benefit Program, FEHBP. FEHBP plans can be more 
expensive than TRICARE Reserve Select, thereby adding costs and 
limiting health care options for these Guard technicians. My 
legislation simply calls for the Government Accountability Office to 
study the feasibility of converting the coverage for National Guard 
dual-status technicians from FEHBP to TRICARE Reserve Select.
  The National Guard Technician Equity Act also allows technicians to 
receive overtime pay and requires the Secretary of Defense to report to 
Congress on the adequacy of leave time provided to Federal employees 
who are members of the National Guard for required military training.
  I urge my colleagues to support and cosponsor the National Guard 
Technician Equity Act, and join me in pressing for inclusion of 
provisions of this bill in the National Defense Authorization Act.

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