[Congressional Record Volume 163, Number 82 (Thursday, May 11, 2017)]
[Senate]
[Pages S2917-S2918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DAINES:
  S. 1097. A bill to postpone the deadline for the completion of the 
conversion of certain military technician (dual status) positions to 
positions of civilian employment by the Federal Government, and for 
other purposes; to the Committee on Armed Services.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1097

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Armed Forces Reserve and 
     National Guard Dual-Status Review and Modernization Act''.

     SEC. 2. POSTPONEMENT OF DEADLINE FOR COMPLETION OF CONVERSION 
                   OF CERTAIN MILITARY TECHNICIAN (DUAL STATUS) 
                   POSITIONS TO POSITIONS OF CIVILIAN EMPLOYMENT 
                   BY THE FEDERAL GOVERNMENT.

       (a) Findings.--Congress makes the following findings:
       (1) A September 2013 study conducted by a federally funded 
     research and development center found that 21 percent of the 
     military technician (dual status) positions are 
     administrative in nature--the largest category as a 
     percentage of military technician (dual status) positions. 
     The study recommends investigation on whether ``some Dual 
     Status MilTech positions supporting general administration 
     functions could be converted to Title 5 Federal civilian 
     full-time support positions without compromising unit 
     readiness''. The study further recommends investigation on 
     whether ``it is more appropriate to use military full-time 
     support for other reasons (such as currency in military 
     operations and training and augmentation)''.
       (2) Section 1053 of the National Defense Authorization Act 
     for Fiscal Year 2016 directs the conversion of not fewer than 
     20 percent of all military technician positions to positions 
     of Federal civilian employment under title 5, United States 
     Code, by January 1, 2017. Section 1084 of the National 
     Defense Authorization Act for Fiscal Year 2017 extends the 
     deadline for that conversion from January 1, 2017, to October 
     1, 2017.
       (3) The Department of Defense submitted a report on the 
     management of military technicians in December 2016 that 
     finds that 12.6 percent of the military technician (dual 
     status) positions were administrative in nature, and 
     recommended a conversion of 4.8 percent of such positions to 
     positions of Federal civilian employment.
       (4) The Chief of the National Guard Bureau testified before 
     Congress in April 2017 that a conversion of 20 percent of 
     military technician (dual status) positions to positions of 
     Federal civilian employment would degrade readiness, but that 
     a lower number could be converted with minimal impact. The 
     Chief of the National Guard Bureau also testified that the 
     Department of Defense had not conducted an analysis of the 
     associated costs and benefits of a conversion of 20 percent 
     of military technician (dual status) positions to positions 
     of Federal civilian employment.
       (b) Postponement of Deadline for Completion of 
     Conversion.--Notwithstanding the deadline otherwise specified 
     in paragraph (1) of section 1053(a) of the National Defense 
     Authorization Act for Fiscal Year 2016 (10 U.S.C. 113 note) 
     for the completion of the conversion of military technician 
     positions as described in that subsection, the deadline for 
     the completion of such conversion shall be 180 days after the 
     date on which the Secretary of Defense transmits to Congress 
     under paragraph (6) of subsection (c) the report of the 
     working group required by paragraph (5) of that subsection.
       (c) Working Group on Full Time Support of the Reserve 
     Components.--
       (1) In general.--There shall be established in the 
     Department of Defense a working group to be known as the 
     ``Working Group on Full Time Support of the Reserve 
     Components'' (in this subsection referred to as the ``working 
     group'').
       (2) Co-chairs.--The co-chairs of the working group shall be 
     the following:
       (A) The Director of the Army National Guard.
       (B) The Director of the Air National Guard.
       (C) The Chief of the Army Reserve.
       (D) The Chief of the Air Force Reserve.
       (3) Members.--The members of the working group shall 
     include the co-chairs of the working group and such other 
     personnel of the Department of Defense as the Secretary shall 
     appoint from among organizations and elements of the 
     Department with an interest in full time support of the 
     reserve components of the Armed Forces, including the 
     National Guard Bureau and the Adjutants General of the 
     States.
       (4) Duties.--The working group shall undertake a 
     comprehensive review of full time

[[Page S2918]]

     support of the reserve components of the Armed Forces, 
     including the following:
       (A) An identification of the missions, purposes, and 
     objectives of military technicians (dual status) in support 
     of an operational reserve force.
       (B) A review of the posture of current military technician 
     (dual status) positions, and of their current role in meeting 
     the objectives identified pursuant to subparagraph (A).
       (C) An analysis of potential restructurings of the 
     workforce of military technicians (dual status) in order to 
     identify a restructuring that fully aligns military 
     technician (dual status) positions with objectives for full 
     time support of the reserve components.
       (D) An identification of the military technician (dual 
     status) positions whose conversion to positions of Federal 
     civilian employment under title 5, United States Code, would 
     best ensure the achievement of objectives for full time 
     support of the reserve components.
       (E) An assessment of the impact on the readiness of the 
     National Guard for domestic operations of the conversion of 
     positions identified pursuant to subparagraph (D) as 
     described in that subparagraph.
       (F) An assessment of costs and potential savings associated 
     with the conversion of positions identified pursuant to 
     subparagraph (D) as described in that subparagraph.
       (5) Report to secretary of defense.--Not later than 180 
     days after the date of the enactment of this Act, the working 
     group shall submit to the Secretary of Defense a report on 
     the comprehensive review undertaken pursuant to paragraph 
     (4). The report shall include the following:
       (A) A comprehensive description of the review and the 
     results of the review.
       (B) The percentage of military technician (dual status) 
     positions whose conversion to positions of Federal civilian 
     employment under title 5, United States Code, would best 
     ensure the achievement of objectives for full time support of 
     the reserve components of the Armed Forces as an operational 
     reserve.
       (C) A transition plan for implementing a new force 
     structure for full time support of the reserve components, 
     including for the conversion of positions as described in 
     subparagraph (B) which mitigates any risks to readiness 
     identified pursuant to paragraph (4)(E).
       (D) Recommendations for the reform of personnel management 
     policy for military technician (dual status) positions that 
     address--
       (i) the eligibility of military technicians (dual status) 
     for civilian retirement upon retirement from the Armed 
     Forces; and
       (ii) the process for appealing employment decisions.
       (E) Recommendations for reforms of compensation and 
     benefits policies for military technician (dual status) 
     positions in order to provide military technicians (dual 
     status) with parity in compensation and benefits with other 
     Federal civilian employees of the Department of Defense under 
     title 5, United States Code.
       (6) Transmittal of report to congress.--The Secretary shall 
     transmit to the congressional defense committees the report 
     of the working group under paragraph (5), together with such 
     discussion and recommendations in connection with the report 
     as the Secretary considers appropriate. The Secretary shall 
     publish the report, and any such discussions and 
     recommendations, in the Federal Register at the time of 
     transmittal.
       (7) Congressional defense committees defined.--In this 
     subsection, the term ``congressional defense committees'' has 
     the meaning given that term in section 101(a)(16) of title 
     10, United States Code.
  Mr. DAINES. Mr. President, under current law, twenty-percent of our 
military dual-status technicians in the National Guard, Army Reserve, 
and Air Force Reserve will become federal civilians on October 1st. 
This will leave the state Governors to respond to wildfires, floods, 
and other natural disasters with twenty-percent fewer people. The 
benefits of this conversion are unclear. In fact, the Chief of the 
National Guard Bureau testified that no formal analysis has been 
conducted as to whether there is any benefit at all. It seems prudent 
to me to take a pause, bring all of the affected stakeholders together, 
and figure this problem out before we take any irreversible action. 
Today, I'm introducing the ``Armed Forces Reserve and National Guard 
Dual-Status Review and Modernization Act,'' to do exactly that.
  As I've studied this situation, I understand there are a number of 
valid concerns involved. The current statutory construct for dual-
status military technicians is nearly 50 years old and the role of the 
Reserve components has changed dramatically just in the past 15 years, 
let alone the last half-century. I agree we should update the statute 
to better meet the needs of the total force and my bill addresses this 
concern. Similarly, many Guardsmen and Reservists feel that personnel 
management practices under this aging construct doesn't fit the needs 
of a 21st century workforce. My bill addresses those concerns as well.
  Most importantly, the bill ensures that there is no adverse impact to 
the Guard's ability to respond to domestic emergencies on October 1st, 
by postponing that date until Department of Defense leadership conducts 
a thorough, comprehensive review on the requirements of a 21st Century 
total force, and how our current structure should be aligned to meet 
those requirements. This will allow Congress to make an informed and 
measured judgement on how to update current law. I urge my colleagues 
to give this matter their full consideration and support.
                                 ______