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Stop the Title 5 Repeal!

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The FY16 NDAA contained Section 1053, a bi-partisan provision that ordered the conversion of no less than 20% of all National Guard (NG) Dual Status technicians (DSTs) from Title 32 to Title 5 employment to begin on January 1, 2017. The National Guard Bureau (NGB), the Adjutant Generals Association (AGAUS), the National Guard Association (NGAUS), and the Council of Governors (CoG) strongly opposed the law and called for its outright repeal citing unsupported claims of increased cost and reduced readiness. Senator John McCain, SASC Chairman, and Senator Jack Reed, SASC Ranking Member, strongly rejected the calls for repeal, and Section 1053 was ultimately included in the 2016 defense bill.

After repeal efforts failed, opponents of Section 1053 asked that language be included in the FY17 NDAA to delay conversion until at least October 1, 2017, under the guise that: 1. It would align the conversion with the beginning of FY18; and, 2. It would allow leaders some time to ensure a smooth transition for affected employees. The House and Senate Armed Services Committees (HASC/SASC) agreed to the proposal as presented, and included draft language in the FY17 NDAA to delay the conversion.

Supporters of Section 1053 warned HASC/SASC, and other members of Congress that calls to delay were merely a veiled attempt to give NGB, AGAUS, NGAUS, and CoG one more crack at repealing Section 1053 in the FY18 NDAA. It appears the warnings were justified as Section 1053 opponents are renewing their push for a full repeal of Section 1053 now, rather than later, during the election season, through the lame duck session, and before the FY17 NDAA is even signed. For the reasons stated below, I strongly urge you to oppose any effort calling for the repeal of Section 1053.

The NG DST program is over 100 years old. I believe the program is outdated, and the changes mandated in Section 1053 are a great start towards modernizing this force. The new law streamlines administration, cuts overall operating costs to the US Government, and allows technicians access to due process.

Concerning due process, technicians do not enjoy the full due process protections guaranteed to other federal employees because current law limits appeals of adverse employment actions to their respective State Adjutants General. As such, these employees cannot appeal to an arbitrator, the Merit Systems Protection Board, the Office of Special Counsel, or even Federal Court, which means they are also not protected as under Federal Whistleblower laws. The result is a program that is often susceptible to fraud, waste, and abuse, and is the only program in the federal government where the person who fires you also hears and decides your appeal.

The changes required by Section 1053 are the start of much-needed reform. The law is based on the independent report prepared by the Center for Naval Analysis at the direction of Congress in section 519 of the 2012 defense bill. It takes a conservative approach and gives National Guard and State authorities the ability to provide input on how the transition should occur, including how best to maintain these employees under the control of State AGs, all while affording them the rights enjoyed by every other federal civilian employee. Section 1053 will allow these employees an opportunity to reach full civilian retirement age, provide access to federal appeal rights, and simultaneously correct other inconsistencies that only affect this small but much-needed workforce.

Thank you for your attention to this very important matter.
Public Comments
Apr 26th, 2017
Someone from Latham, NY signed.
Apr 26th, 2017
Keith K. from Wilmington, IL writes:
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All Mil-Techs should be transitioned to Title 5!
Apr 26th, 2017
Someone from Kewanee, IL signed.
Apr 26th, 2017
Earl M. from Rising Sun, MD signed.
Apr 26th, 2017
Stephen G. from Eagle, MI writes:
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The Readiness argument is not supported by anything but opinion..This repeal movement is about Adjutant Generals having a para-military force that they can control without oversight..
Apr 26th, 2017
Ronald G. from Rising Sun, MD signed.
Apr 26th, 2017
Colin W. from Harrisburg, PA signed.
Apr 26th, 2017
Nina F. from Anderson, CA signed.
Apr 26th, 2017
Nina F. from Anderson, CA signed.
Apr 26th, 2017
Juan H. from La Mirada, CA writes:
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T5 is necessary major experience is being disposed of due to state politics not federal.
Apr 26th, 2017
James S. from Lincoln Park, MI writes:
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I was a technician and the technician program needs this T5 conversion badly!
Apr 26th, 2017
Sherry H. from Slidell, LA signed.
Apr 26th, 2017
Sherry H. from Kenner, LA signed.
Apr 26th, 2017
Jeremiah J. from Slidell, LA signed.
Apr 26th, 2017
Ryan H. from Slidell, LA signed.
Apr 26th, 2017
Someone from Jacksonville, AR writes:
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Stop the Title 5 Repeal!
Apr 26th, 2017
Jasmine T. from Windsor, CA signed.
Apr 26th, 2017
Someone from Tucson, AZ signed.
Apr 26th, 2017
Eric F. from Coolidge, AZ signed.
Apr 26th, 2017
Someone from Ionia, MI signed.
Apr 26th, 2017
Someone from Toms River, NJ writes:
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I am a mil-tech and I'm not even covered under the whistleblower law. Seriously, this is modern day slavery.
Apr 26th, 2017
Someone from Minersville, PA signed.
Apr 26th, 2017
Greg C. from Alexandria, LA signed.
Apr 26th, 2017
Trichell H. from Pine Bluff, AR signed.
Apr 26th, 2017
Charles S. from Olympia, WA signed.
Apr 26th, 2017
Korey K. from Swanton, VT signed.
Apr 26th, 2017
John C. from Alexander, AR writes:
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Do the Right thing...Stop this repeal of T-5...!!!
Apr 26th, 2017
Someone from Salt Lake City, UT signed.
Apr 26th, 2017
William R. from Cissna Park, IL signed.
Apr 26th, 2017
Tony S. from Kenner, LA writes:
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T5 need implementation now.
Apr 26th, 2017
Kelby B. from New Orleans, LA writes:
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T-5 is needed to preserve a wealth of knowledge and experience in mainly back office roles. Plus it prevents being forced to separate members from their full time role if they by chance develop a service disqualifing medical condition.
Apr 26th, 2017
Brian L. from San Luis Obispo, CA writes:
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Do the Right thing...Stop this appeal of T-5.
Apr 26th, 2017
Someone from Draper, UT writes:
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For once, do the right thing and vote AGAINST the repeal.
Apr 26th, 2017
Victor R. from Dublin, OH writes:
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It's the right thing to do. Stop the repeal
Apr 26th, 2017
Someone from Belleville, IL writes:
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I urge all my representatives in the House and Senate to vote against repeal.
Apr 26th, 2017
William Y. from Belleville, IL writes:
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I urge all my representatives in the House and Senate to vote against repeal.
Apr 26th, 2017
William Y. from Belleville, IL writes:
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I urge all my representatives in the House and Senate to vote against repeal.
Apr 26th, 2017
William Y. from Belleville, IL writes:
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I urge all my representatives in the House and Senate to vote against repeal.
Apr 26th, 2017
Aaron from Lowell, MI signed.
Apr 26th, 2017
Someone from Dagsboro, DE signed.
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