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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 I believe the program is outdated, and the changes mandated in Section 1053 are a great start towards modernizing this force.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 28th, 2017
John W. from Easley, SC writes:
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IF Title 5 is repealed, "The result [will be] 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."
Apr 28th, 2017
Eleuterio M. from Decatur, IL writes:
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No title 5 makes us a status of convenience. We are military when they won't supply us PPE and Civilians when they don't want us to have free healthcare. Many other injustices and they'll never care for us. Have to medical out to even maybe hit a decent retirement.
Apr 28th, 2017
Krystal S. from Goose Creek, SC signed.
Apr 28th, 2017
Someone from Pollock, LA signed.
Apr 28th, 2017
Someone from Linn, MO writes:
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Technicians should have the title 5 as we should be allowed to carry our career to retirement age regardless of our mday things happen people get old and it takes longer for techs to retire and we need to be able to keep our jobs even if we retire mday in order to have a decent retirement KEEP TITLE 5!!!
Apr 28th, 2017
Ronald M. from Berwyn, IL signed.
Apr 28th, 2017
Ronald M. from Berwyn, IL writes:
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Please stop taking everything away from is!
Apr 28th, 2017
Vanny P. from Cary, IL signed.
Apr 28th, 2017
Emmanuel B. from Gurnee, IL signed.
Apr 27th, 2017
David H. from Alamogordo, NM writes:
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Leave the bill alone
Apr 27th, 2017
Someone from Jefferson City, MO writes:
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Don't change the law.
Apr 27th, 2017
alix j. from Chicago, IL signed.
Apr 27th, 2017
José B. from Tallahassee, FL signed.
Apr 27th, 2017
Michele D. from Oakley, CA writes:
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Signed.
Apr 27th, 2017
Paul B. from Lennox, SD writes:
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Agree!
Apr 27th, 2017
Someone from Rockford, IL signed.
Apr 27th, 2017
Christopher R. from The Colony, TX signed.
Apr 27th, 2017
Roy W. from Pearcy, AR signed.
Apr 26th, 2017
Someone from West Sacramento, CA signed.
Apr 26th, 2017
Frederick H. from Elmhurst, IL signed.
Apr 26th, 2017
Someone from Watertown, WI writes:
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Agree
Apr 26th, 2017
Travis L. from Pearl River, LA signed.
Apr 26th, 2017
Someone from Wilmington, IL signed.
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.
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