[Congressional Record (Bound Edition), Volume 157 (2011), Part 3]
[Extensions of Remarks]
[Pages 4449-4450]
[From the U.S. Government Publishing Office, www.gpo.gov]




        INTRODUCTION OF THE NATIONAL GUARD TECHNICIAN EQUITY ACT

                                 ______
                                 

                         HON. ROBERT E. ANDREWS

                             of new jersey

                    in the house of representatives

                        Thursday, March 17, 2011

  Mr. ANDREWS. Mr. Speaker, I rise today to introduce much-needed 
legislation to benefit one of the most deserving groups of workers in 
our nation. The National Guard Technician Equity Act will go a long way 
toward correcting many wrongs in several outdated laws that harm the 
men and women who serve our country.
  National Guard dual-status technicians are a unique group of workers. 
They are civilian employees of the National Guard in all 50 states and 
each territory. However, as a condition of their civilian position, 
they also must serve in either the Air or Army National Guard. These 
men and women serve the National Guard in a variety of capacities, from 
helicopter, airplane, and tank mechanics to clerical and support 
workers. National Guard technicians also serve their country on the 
military side of their jobs--during deployments to Iraq and 
Afghanistan, and on state active duty in events such as Hurricane 
Katrina, forest fires, and floods.
  The primary law that covers National Guard dual-status technicians is 
the Technician Act of 1968. Because of many outdated and unfair 
provisions in this law, technicians receive the worst of both worlds--
on the civilian and military side of their jobs. My legislation, the 
National Guard Technician Equity Act, will correct these injustices.
  First, the Technician Act requires that if a technician is no longer 
fit for military duty, then that person must be fired from their 
technician position, even if they are fully capable of performing their 
civilian duties. In a time in our nation with record unemployment, we 
should not be losing experienced, expert employees like this. My 
legislation would allow technicians the option of remaining in their 
civilian position if they have 20 years of creditable service as a 
dual-status technician. This not only will retain some of our best and 
brightest, but also will clear the way for other National Guard members 
to advance in the military ranks.
  Second, the Technician Act bars technicians from having the same 
appeal rights as most other federal employees--including their 
counterparts in other Defense Department positions. Federal employees 
covered by a collective bargaining agreement have the right to file

[[Page 4450]]

a grievance in the event of an adverse action (typically a long 
suspension or termination of their employment), and then proceed to 
arbitration; otherwise, they have the right to file a case with the 
Merit Systems Protection Board, a neutral federal agency. While 
technicians can file a grievance, they can only appeal to the Adjutant 
General in their state, not to any neutral third-party. My legislation 
will allow National Guard technicians the same right to appeal their 
case to a neutral party that most other federal workers have.
  Third, most National Guard members are able to enroll in the TRICARE 
Reserve Select program, a key health benefit. However, despite the 
requirement that National Guard dual-status technicians must join the 
Air or Army National Guard, they are ineligible for TRICARE or TRICARE 
Reserve Select. Instead, technicians can only participate in the FEHBP 
program. FEHBP plans are generally significantly more expensive than 
TRICARE Reserve Select. My legislation takes the common-sense step of 
studying the feasibility of including National Guard technicians in the 
TRICARE or TRICARE Reserve Select programs.
  Fourth, National Guard technicians also receive the worst of both 
worlds--military and civilian--when it comes to retirement. The FY 2000 
National Defense Authorization Act included a provision to provide 
technicians who started work after 1996 to have ``special category'' 
civilian retirement. This means that they can retire somewhat earlier 
than most other federal workers, due to the dangerous nature of their 
jobs. However, technicians who were already working for the National 
Guard on or before 1996 were exempted from this improved retirement. My 
legislation will ensure all National Guard technicians--regardless of 
when they started work--will have the same retirement. Further, 
although active duty members of the military can retire after 20 years 
of service at any age, National Guard members, including technicians, 
must wait to retire until they are 60 years old for full military 
retirement. A provision in the FY 08 NDAA allows National Guard members 
to retire 3 months early for every year of service, but that provision 
does not go far enough. Since technicians can be fired from their 
civilian position if they cannot meet their military requirements, many 
of them depend on their civilian and military retirement if this 
occurs. Therefore, my legislation will ensure technicians--and all 
other members of the National Guard--receive a fairer military 
retirement by reducing the age of normal military retirement from age 
60 to age 55.
  Finally, my legislation corrects other injustices that harm 
technicians and treat them differently than their civilian and/or 
military counterparts. They include: requiring the federal government 
to pay FEHBP premiums during Emergency State Active Duty; doubling the 
amount of military leave for all federal employees in the National 
Guard; giving technicians the same right during a reduction in force 
that other federal workers have; giving technicians the same access to 
enlistment and re-enlistment bonuses and student loan repayment 
benefits that other National Guard members receive; and the right to 
receive overtime pay for overtime worked.
  National Guard dual-status technicians have waited 43 years for 
Congress to correct these inequities and injustices. I hope my 
colleagues will join me in supporting this important legislation that 
benefits the brave men and women who so proudly serve our nation.

                          ____________________