Legislative Update 11/27/2007

Naval Reserve Association Legislative Update: November 27, 2007
This Update includes two major issues.
First: the current status of the National Defense Authorization Act. We encourage you to write and or email your Representatives and Senators as soon as possible.
Second: We present our draft Legislative Goals for Calendar Year 2008 for your review and comment.
Current Status of National Defense Authorization Act
Congress approved the Defense Appropriations Act (HR 3222) – FY-2008, which will fund the DoD and Services for FY 08. The President signed the Appropriations Act. However, Congress did not approve the FY 08 National Defense Authorization Act (NDAA), (HR 1585) – which authorizes the expenditure of the money due to a Hate-Crime provision introduced late in the process. We expect that Congress will complete action on this legislation when they return from the holiday break. We have fought hard for years to get key Reserve and Guard provisions included in the pending NDAA. You have to take action by writing your Representatives and Senators requesting that they keep these provisions in the NDAA. These provisions include Reserve Retirement, improvements to the Reserve Montgomery GI Bill, military pay raises, Reserve Retirement points increase, and prohibition of TRICARE fee increases among others. We encourage you to email your Representatives and Senators to pass the FY 08 NDAA retaining the Guard and Reserve favored provisions as soon as possible!
>>>>>>Please contact YOUR SENATORS, and CONGRESSMAN/WOMAN now!>>>>>>
FOR your Senators; www.senate.gov ; addresses, numbers, and email!
FOR your Congressional Representative; www.house.gov/writerep;
(YOUR Senator’s NAME HERE), or (Your Congressional Representative NAME HERE)
Dear Senator/Congressman -----------------
RE: FY 08 NDAA
I strongly support the provisions for improvements to the Reserve MGIB, Reserve Retirement improvements, and increase creditable Reserve Components points.
I ask that you pass these provisions and delete the hate-crime provision that has stalled the passage of the FY 2008 NDAA.
Regards:
Signature; Address; Email, telephone numbers
DRAFT – NRA Legislative Goals and Agenda For (Calendar Year) 2008
Please review the draft goals and agenda below. If you have changes or questions, please direct them to
legislat@navy-reserve.org not later than 7 December 2007. We will be publishing these goals as our legislative
agenda before 31 December 2007. NOTE: Reserve Retirement – would stay number ONE – or number TWO – depending on what comes out of FY 08
NDAA
Reserve Retirement Compensation Under 'Operational Reserve' Policy – NRA urges Congress to lower the
reserve retirement age, starting with an adjustment for active duty service, in recognition of the increase in service and sacrifice of Reserve Component members and as an inducement to longer service. The assumption behind the 1948-
vintage G-R retirement system – retired pay eligibility at age 60 – was that these service members would be called up
only infrequently for short tours of duty, allowing the member to pursue a full-time civilian career with a full civilian
retirement. Under the nation's adoption of an operational reserve policy, however, reservists will be required to serve
on extended active duty every 5 or 6 years. Recent experience indicates many members will be activated even more
frequently for the foreseeable future. The reserve forces, meanwhile, are experiencing growing shortages in critical
specialties such as company grade officers.
Reserve mission increases and a smaller force mean Reserve Component members must devote far more of their
working lives to military service than envisioned in 1948. Repeated, extended activations make it more difficult to
sustain a full civilian career and will impede Reservists' ability to build a full civilian retirement, 401(k), etc. Regardless
of statutory protections, periodic long-term absences from the civilian workplace can only limit Reserve Component
members' upward mobility, employability and financial security. Further, strengthening the reserve retirement system
will serve as an incentive to retaining critical mid-career officers and NCOs for continued service and thereby enhance
readiness.
NOTE: This could move to number one –depending on what happens in the FY 08 NDAA
Wounded Warrior and Seamless Transition for Mobilized Reserve Component members and Their Families –
Over half million members of the Reserve Component members have been activated so far since 9/11. Recent reports
(JAMA, and press), have documented that those currently documented Reserve Component members have higher
incidents (42.4 percent) for PTSD and other mental health problems. Congressional hearings and media reports have
further documented the fact that at separation, many of these service members do not receive the transition services they and their families need to make a successful readjustment to civilian status. Wounded OIF/OEF veterans have
wounded families. Additionally, Caregivers caring for these veterans’ places a tremendous strain on their family
members. Caregivers may be their spouse, mother, father, sibling, relative, or significant other. Caregivers and
service members must have access to mental health counselors throughout the VA healthcare system, along with
additional measures for stress relief including respite and childcare. Needed improvements include but are not limited
to the following:
• Funding to develop tailored Transition Assistance Program (TAP) services in the hometown area following
release from active duty
• Expansion of VA outreach to provide "benefits delivery at discharge" services in the hometown setting
• Authority for mobilized Reserve Component members to file "Flexible Spending Account" claims for a prior
reporting year after return from active duty
• Authority for employers and employees to contribute to 401k and 403b accounts during mobilization
• Enactment of academic protections for mobilized Reserve Component members students including: academic
standing and refund guarantees; and, exemption of Federal student loan payments during activation
• Automatic waivers on scheduled licensing / certification / promotion exams scheduled during a mobilization
• Recognition of the veteran’s primary caregiver and the integral role they play in advocacy and the
maintenance of the veteran’s quality of life through specialized training, certification, and compensation for
their care.
• Monitor continuity of care for veteran’s primary caregiver as they transition between the DoD and VA
healthcare systems.
• Authority for reemployment rights for Reserve Component members and spouses (caregivers) who must
suspend employment to care for children or wounded warriors during mobilization.
•
Provide access to caregivers to mental health counselors. Wounded OIF/OEF veterans have wounded families. Caregivers must have access to mental health counselors throughout the VA healthcare system, a long with additional measures for stress relief including respite and childcare. They will need additional childcare and respite care.
A Total Force Approach to the Montgomery GI Bill – The nation's active duty, Reserve Component members and forces are operationally integrated under the Total Force policy. But educational benefits under the Montgomery GI Bill (MGIB) do not reflect the policy nor match benefits to service commitment. For the first 15 years of the MGIB, G-R MGIB benefits (Chapter 1606, Title 10 USC) maintained almost 50% parity with active duty MGIB benefits. Slippage from the 50% level began following the September 11, 2001 attacks. Today the G-R MGIB pays about 29% of the active duty program. A new G-R mobilization MGIB benefit was established in 2004 that authorized MGIB benefits for activated members (Chapter 1607, Title 10 USC). But these benefits can only be used during continued service even though operational reserve policy requires frequent activations that preclude student-reservists from using them. The lack of a readjustment feature to the mobilization MGIB is the ONLY veteran's benefit denied G-R veterans of the war on terror. A "total force" MGIB program is needed to integrate all components of the MGIB under Title 38 and provide equity of benefits for service rendered. A total force approach to the MGIB will better support the purposes of the MGIB: support for recruitment, retention and readjustment to civilian life, as Congress intended.
G-R Readiness and Family Support – The Defense Dept. and the military services have stated the level of Reserve component contributions to the total force will continue at the same pace for many years. Currently, over 600,000 Reserve Component members have been mobilized. Yet, the FY 2007 National Defense Authorization Act authorizes cuts in the Navy Reserve, Air Reserve Components, and the Army Reserve based only on projected budgets, not mission contribution. The current and projected use of these forces and growing shortages of equipment for training and deployment are causing enormous strains on readiness in the G-R. High utilization and turnover and loss of equipment greatly affect retention and recruiting for the Reserve Component members. Therefore, we urge Congress to maintain and increase Reserve Component members and Reserve force end-strengths, and provide proper funding for their equipment and training. Provide Adequate Funding for a Core Set of Family Support Programs and Benefits that Meet the Unique Needs of Reserve Component members and Reserve Families with Uniform Access for All Service Members and Families – These programs would promote better communication with service members, specialized support for geographically separated Reserve Component members and Reserve families and training and back up for family readiness volunteers. This access would include:
•
Web-based programs and employee assistance programs such as Military One Source and Guard Family.org
•
Enforcement of command responsibility for ensuring that programs are in place to meet the special information and support needs of families of individual augmentees or those who are geographically dispersed
•
Expanded programs between military and community religious leaders to support service members and families during all phases of deployments
•
The availability of robust preventive counseling services for service members and families and training so they know when to seek professional help related to their circumstances
•
Enhanced education for Reserve Component members and Reserve family members about their rights and benefits
•
Innovative and effective ways to meet the Reserve Component members and Reserve community's needs for occasional child care, particularly for preventive respite care, volunteering, and family readiness group meetings and drill time
•
A joint family readiness program to facilitate understanding and sharing of information between all family members, no matter what the service
Authorize Tax Credits for Employers of the Reserve Component members -- employers often shoulder the burden of extra costs to support National Defense through the participation of their employees in the military. Support by employers of members in the Reserve Component enables the Total Force. Today's increased OPTEMPO makes employer support more important than ever. Employer pressure is listed as one of the top reasons members of the Reserve Component members quit. Therefore, Congress should authorize meaningful employer tax credits as a way to help offset costs associated with employees' Reserve Component member’s activities and reinforce employer support.
Continuum of Health Care Insurance Options – Congress needs to enact a continuum of health coverage options for the Reserve Component members. The FY 2007 Natl Defense Authorization Act establishes single-fee access to TRICARE for all members of the Selected Reserve and directs a study of a government offset of civilian insurance plans as an option for reservists. In addition, P.L.109-233 amended the Service members Civil Relief Act by providing reinstatement protection of any employment-based civilian health insurance for certain activated G-R members
released from their orders prior to the scheduled reporting date. NRA appreciates Congress' leadership on these longstanding NRA goals.
NRA will oppose any TRICARE Reserve Select fee increases, noting that the 8% increase one month after implementation in 2006 was triple the pay raise percentage and was not based on actual cost / usage experience. NRA maintains that fee increases should not rise faster than pay raises. Moreover, NRA is concerned that TRS is the only federal program that requires an enrollment fee without guaranteeing access to participating providers within defined time standards.
NRA urges Congress to oppose any TRS fee increases without adequate justification of the basis for such increases. In addition, NRA urges to enact legislation that would:
•
Allow the option of an equivalent offset to civilian plan premiums during activation – similar to the provision of up to 24 months of FEHB premium coverage for mobilized federal workers. NRA believes partially subsidizing civilian employer coverage during mobilization will be both more popular with beneficiaries and cheaper for the government (especially post-conflict) than funding 73% of TRICARE coverage for all periods not mobilized.
•
Seek to make DoD fiscally responsible for dental care to Reservist at 90 days prior and 180 days post mobilization to ensure service members meet dental readiness standards when DoD facilities are not available within a 50 mile radius of member's home.
•
Ensure Reserve Component members have adequate access and treatment for Post Traumatic Stress Syndrome, and Traumatic Brain Injure in areas they live after mobilization
Changes to Above-The-Line Deduction For Overnight Travel Expenses of Reserve Component members – Restoration of full tax-deductibility of non-reimbursable expenses related to military training was been accomplished by the FY04 NDAA using a distance of 100 miles. As other government agencies uses a 50 miles for travel compensation, Title 10 should be reworded so that “the deductions allowed…for any period during which such individual is more than 50 miles away from home in connection with such services.”
Veteran Status For Reserve Component members/Reserve Retirees – seek veteran status for members of the Reserve Component members and Reserve components with 20 years or more of service, but do not otherwise qualify under current law as veterans, by;
•
Expanding veteran status to members of the Reserve Component members who completed 20 years of service and who are thereby considered to be military retirees
•
Seek administration changes or legislation to remedy the situation and award veteran status to the individuals not currently classified as veterans
Reserve Compensation System – Increasing demands on the Reserve Component members to perform national security missions at home and abroad and increased training requirements indicate that the compensation system needs to be improved to attract and retain individuals into the Reserve Component members. The added responsibility and the reality of returning to active duty multiple times over the course of a reserve career require improvements to the compensation package and to make it more equitable with the active component.
•
Career enlisted/officer aviation incentive pay
•
Diving special duty pay
•
Hazardous duty pay
•
Special duty assignment pay
•
Pro-pay for reserve component medical professional
•
Allow full-retirement credits for all inactive duty training points earned annually
•
Veteran status to Reserve Component members who successfully complete 20 qualifying years of service, but who do not otherwise qualify as veterans
•
Total elimination of BAH II, and full BAH for any active duty service
•
Improve Space-A Travel provision for Reserve Component members and their spouse
•
Improve Reserve Income Replacement program for mobilized reserve components
Uniformed Service Employment and Reemplyment Rights Act, Service Members Civil Relive Act – Improvements. Reserve Component members mobilizations are continuing at unprecedented rates. Over 600,000 have been activated since September 11, 2001. Congressional hearings and The Government Accountability Office have documented difficulties in mobilized members returning to their jobs and lives. Congress is strongly encouraged to make the following improvements;
•
Stronger credit protections under the Service members Civil Relief Act
•
Improve the USERRA accountability (federal and non-federal) through effective changes and improvement to USERRA that provides ease and effective ways for resolving problems for returning servicemembers, and accountability of employers (federal and non-federal).
Concurrent Receipt – Continue to seek timely and comprehensive implementation of legislation that authorizes the concurrent receipt of uniformed services retired pay and VA disability compensation, by:
•
Developing the case to expand concurrent receipt legislation – both Combat Related Special Compensation (CRSC) and Concurrent Retirement and Disability Payments (CRDP) – to disabled retirees not eligible under the current statute, to include vesting of earned retirement credit for chapter 61 retirees with less than 20 years of service
•
Seeking legislation to resolve disparities associated with the implementation of CRDP and CRSC legislation, to include making those disabled retirees rated 100% by the VA for “unemployable” (IU) eligible for immediate full concurrent receipt of retired pay and VA disability compensation
•
Assisting the DoD and Services with outreach application efforts to disabled retirees who are not aware they are eligible for Combat Related Special Compensation (CRSC)
•
Closely monitoring and continuing to be involved in the congressionally directed commission reviewing the VA disability system to ensure the principles of DoD disability retirement and VA disability compensation are not compromised (joint initiative with NRA's Veteran's Committee)
Health Care – Defend current retiree health care programs from unwarranted cost increases (enrollment fees, co-pays, deductibles, etc.).
Retiree Entitlements and Benefits – Protect retiree entitlements and closely monitor any attempts to degrade benefits. Monitor access to military commissaries, exchange facilities, family support services, and Morale, Welfare and Recreation activities, and be especially vigilant with regard to impacts from BRAC and other re-basing/redeployment initiatives.
Uniformed Services Former Spouses Protection Act (USFSPA) – Pursue legislation that eliminates inequities in the USFSPA. Specifically, build consensus to enact legislation that would:
•
Base the award amount to the former spouse on the grade and years of service of the member at time of divorce (and not retirement)
•
Prohibit the award of imputed income or “forced retirement” of active duty members
•
Extend 20/20/20 benefits to former spouses to 20/20/15
•
Permit the designation of multiple Survivor Benefit Plan (SBP) beneficiaries with the presumption that SBP benefits must be proportionate to the allocation of retired pay
•
Eliminate the “10-year Rule” for the direct payment of retired pay allocations by the Defense Finance and Accounting Service (DFAS)
•
Permit SBP premiums to be withheld from the former spouse's share of retired pay if directed by court order
•
Permit a former spouse to waive SPB coverage
•
Assist the DoD and Services with greater outreach and expanded awareness to members and former spouses of their rights, responsibilities, and benefits upon divorce (e.g., one-year deemed election)
Permanent ID Card Reform – Promote legislative changes that will expand eligibility for permanent ID cards to:
•
All disabled dependents, survivors, and spouses of uniformed service retirees; and,
•
All spouses and survivors age 65 and older.
Final Retired Pay for Survivors – Support legislation that provides retired pay to the survivor for the full month of the service member's death. (Joint initiative with NRA's Survivor Committee).
Cost-of-Living Adjustments (COLAs) – Seek to Reserve Component members against any discriminatory treatment of retired members of the uniformed services compared to other Federal retirement, or Federal COLA-eligibles, by maintaining and enhancing the equity of annual COLAs through:
•
Working to ensure continued fulfillment of congressional COLA intent, as expressed in HNSC Committee Print of Title 37, USC: "to provide every military retired member the same purchasing power of the retired pay to which he was entitled at the time of retirement [and ensure it is] not, at any time in the future...eroded by subsequent increases in consumer prices"
•
Ensuring equal treatment of NOAA/USPHS/USCG personnel in conjunction with any retirement/COLA legislation
•
Monitoring any proposed Bureau of Labor and Statistics (BLS) adjustments to the Consumer Price Index (CPI) calculation process
Monitoring action on Budget Resolution, Omnibus Budget Reconciliation, Social Security reform initiatives, and other proposals to Reserve Component members against discriminatory treatment of uniformed services retired members
Space-Available Travel – Seek balance in space-available travel priorities between:
•
Retired members versus unaccompanied active duty dependents (i.e., establish some limits on unaccompanied dependent travel to more appropriately recognize their need for such travel without closing out retiree travel options); and,
•
"Gray area" Reserve retirees and other uniformed services retirees, including their widows, regarding space-available travel (Reserves now cannot use space-available travel outside the ConUS as other retirees can). (Joint initiative with NRA's Survivor Committee).
Feel free to forward this Legislative Update. For those of you who receive this and you are not already a member, please consider joining the Naval Reserve Association. Check us out at: www.navy-reserve.org or call on our toll free number 866-672-4968.