[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.
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