There has been some talk over the past several months about conversion. No, we are not talking about religion—we are talking about the Guard’s technician program. Section 1053 of the 2016 National Defense Authorization Act (Public Law 114-92), requires the SECDEF to report on how it will convert no less than 20 percent of the dual-status military technicians in administrative and office occupations from Title 32 (excepted) to Title 5 (competitive) status no later than January 1, 2017. The language would also require the conversion of non-dual status military technicians as they attrite normally. The National Governor’s Association (NGA), the National Guard Association of the United States (NGAUS), and the Adjutants General Association of the United States (AGAUS) have expressed concern about the conversation. EANGUS has remained silent on the issue to allow the Department of Defense time to respond to the Congressional Defense Committees with a plan of action. That said, I feel it appropriate to address this complex issue with EANGUS members.
This initiative has bicameral, bipartisan support— the Chairmen and Ranking Members of the Senate and House Armed Services Committees are in agreement about this effort. The Senate and House Armed Services Committees have stressed the need to address historical end strength shortfalls, particularly in the Army. The primary purposes of Section 1053 are to increase the readiness and strength of the Guard, and to accommodate a review of adverse actions above state levels. To address end strength, Congress wants the Guard to backfill every technician transferred to Title 5.
The National Guard Technician Act of 1968 established a workforce to support the readiness of the National Guard in each state commanded and controlled by their Governor. Dual Status Technicians are employed in administration and training, and for the maintenance and repair of supplies issued to the National Guard. While performing these duties they must be a military member, hold military grade specific to their position, and wear the uniform appropriate for the member’s grade and component of the armed forces. Technicians serve under the provisions of Section 709 of Title 32 of the United States Code. They are considered excepted employees, meaning that they are exempt from the normal civil service hiring processes, but have special conditions of employment. In this case, they must be members of the Army or Air National Guard and must be in a compatible unit assignment to their full-time position. Non-dual status technicians have no military obligation to maintain their full-time position.
Title 5 refers to the section of US Code that establishes the basic law for managing human resources in the Federal Government. Title 5 has its origins in the Pendleton Act of 1883, which required agencies to hire employees in headquarters offices based on merit, not political patronage. Over time, Congress expanded the coverage of the merit system, and established Government wide principles, systems, and practices in staffing, compensation, employee relations, labor relations, and other areas of human resource management. In essence, Title 5 is the “default” human resources system for Federal executive branch employees not explicitly exempted or covered by other statute. It treats Federal organizations with varied missions as a single employer to facilitate interagency mobility, guard against counterproductive interagency competition, and ensure equitable treatment of employees.
For the most part, the benefit package for Title 32 technicians and Title 5 civilians is identical. Pay and allowances, health care, retirement, Thrift Savings Plan participation, holidays and time off provisions are all the same. Some differences include compensatory time off (technicians) versus payment of overtime (civilians); military uniform worn (technicians) versus appropriate business clothes (civilians); grade restrictions; rank restrictions; supervisory channels (State TAG versus Service Secretary); bonuses and incentives (technicians do not qualify but civilians do); priority placement program; adverse action appeal; promotions and transfers; union representation; and EEO complaints. Federal employees cannot use TRICARE for medical coverage, and conversion does not change this.
The timing of the transfer is yet to be determined. Section 1088 of S. 2943, the Fiscal Year 2017 National Defense Authorization Act would delay the implementation date from January 1, 2017 to October 1, 2017. However, the Senate and House Armed Services Committees are conferencing their respective bills, and we will not know the outcome of this provision until November or December 2016. The bill also includes language to grant the Chief NGB authority to appoint Title 5 civilians, currently reserved to the service secretaries and defense secretary. Other language in the bill affords The Adjutants General authority to supervise and administer Title 5 employees.
To date, the EANGUS National Office has not taken an official position. Furthermore, there were no resolutions presented, discussed, or passed by the delegates expressing a position or sense on the issue during our previous National Conference in New Orleans. Between annual conferences, the Executive Council has the authority to consider and determine the political posture of an issue, and when presented with this issue, chose not to take a position for or against NGA, AGAUS, NGAUS or the National Guard Bureau, until the Department of Defense reports back to Congress with a plan of how it would convert these positions. The Department was supposed to report to Congress in June 2016, but nothing has been delivered to date. Therefore, we wait. Thank you for your patience and understanding as we gather more information about the technician transfer initiative.