Statements on Introduced Bills and Joint Resolutions

Floor Speech

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Mr. REED. Mr. President, today I introduce the National Guard Technician Equity Act to correct 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 to Iraq and Afghanistan, and responding to domestic disasters and emergencies, thereby creating their ``dual-status.''

Because of their unique position, 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. This way we will retain the experience and skills of these dedicated employees.

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, a neutral Federal agency. 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 Department of Defense 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 corrects other inconsistencies by providing greater civilian and military retirement parity, providing eligibility to retain certain military bonuses and benefits, and increasing leave time for required military training.

I urge my colleagues to support and cosponsor the National Guard Technician Equity Act. I will also be working to include provisions of this bill in the National Defense Authorization Act, which the Senate has begun to consider, and I hope my colleagues can work together on this effort.

Mr. President, I ask unanimous consent that this bill be printed in the Record.

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