National Defense Authorization is making progress - Veterans’ issues remain unresolved

August 2011 - Navy
By CAPT Ike Puzon, USN (Ret)

The Senate Armed Services Committee (SASC) cleared the Senate version of the National Defense Authorization Act (NDAA) S. 981 in mid-June. The House version – H.R. 1540 – was passed by the full House at the end of May. The major highlights of the SASC version of FY 2012 National Defense Authorization ACT (NDAA) are below. When passed, both versions must go through the joint conference process to resolve differences in the bills. At this writing, the budget confusion is unresolved and that also will impact any discretionary and entitlement authorization of the final NDAA.

Personnel issues

The Chairman of the SASC stated the committee approved S.981 “to improve the quality of life of the men and women of the all-volunteer force (active duty, National Guard, and Reserves) and their families, as well as DoD civilian personnel, through fair pay, policies and benefits, and to address the needs of the wounded, ill, and injured service members and their families.” The main highlights of the Senate NDAA, S. 981: n Authorizes $142.4 billion for military personnel, including costs of pay, allowances, bonuses, death benefits, and permanent change-of station moves.

Authorizes fiscal year 2012 active-duty end-strengths for the Navy, 325,700 (decrease of 3,000); the Navy Reserve, 66,200 (increase of about 700).

n Authorizes a 1.6 percent across-the- board pay raise for all members of the uniformed services, consistent with the President’s request. n Does not prohibit TRICARE pharmacy co-payment changes. n Does not prohibit TRICARE Prime enrollment fee increases in fiscal year 2012 and limits annual increases of the fee to the amount equal to the percentage increase in retired pay beginning on 1 October 2012.

• Requires that individuals newly enrolled in the Uniformed Services Family Health Plan after 30 September 2011, transition to TRICARE for Life once they become Medicareeligible due to age.
• Prohibits the denial of reenlistment of a service member who has been determined by a Physical Evaluation Board (PEB) to be fit for duty but who is subsequently determined to be unsuitable for continued military service for conditions considered by the PEB.
• Amends Article 120 of the Uniform Code of Military Justice (UCMJ) relating to the offenses of rape, sexual assault, and other sexual misconduct, to create three separate articles of the UCMJ to correct deficiencies in existing law. Also repeals Article 125 of the UCMJ, relating to the offense of sodomy.
• Authorizes the service secretaries to order Reserve Component members to active duty for not more than 365 consecutive days for preplanned and budgeted missions.
• Modifies the timeframe during which preseparation counseling must be provided to a Reserve Component member being demobilized to less than 90 days of projected discharge when operational requirements warrant.
• Authorizes the Secretary of Defense to authorize the issuance of a Cold War Service Medal by the service secretaries.
• Enhances the Yellow Ribbon Reintegration Program to improve the processes for determining best practices for information dispersal and outreach services, and to improve collaboration with state programs.
• Modifies membership on the Department of Defense Military Family Readiness Council. n Requires hostile fire and imminent danger pay be prorated according to the number of days spent in a qualifying area rather than be paid on a monthly basis.

Equipment issues

Senator Levin, Chair of the SASC, also stated: “The bill (S. 981) contains a unique requirement that the lowrate initial procurement contract for the fiscal year 2011 lot of the Joint Strike Fighter (LRIP-5) program must be a fixed price contract and the contract must require the contractor to absorb 100 percent of costs above the target cost.” AUSN recently testified before the Senate Appropriations Committee – Defense Subcommittee – in support of our legislative equipment goals. We (RADM Coane and I, separately in testimony) pushed hard for reconstitution of Navy equipment as well as Navy Reserve equipment. We emphasized the needs of the Navy below. Additionally, we pushed for more C-40A aircraft and increase in National Guard and Reserve Equipment Account for Navy Reserve. The Senate bill authorizes: n Full funding for a number of Navy programs, including: Carrier Replacement Program, Virginia-class submarine, DDG-1000, DDG-51, Littoral Combat Ship, LHA(R) amphibious assault ship, Joint High Speed Vessel, Mobile Landing Platform, and P-8 maritime patrol aircraft.

• Joint Strike Fighter (JSF) – fully supports the budget request for procurement of Navy ($3.2 billion) JSF.
• Authorizes $1.1 billion to continue development of the Ohio class replacement program, SSBN(X), to modernize the sea-based leg of the nuclear deterrent system.
• Requires the Department of the Navy to restructure plans to replace the cancelled Expeditionary Fighting Vehicle System and to complete analysis of the Amphibious Combat Vehicle alternatives before launching into a Marine Personnel Carrier acquisition program.

Veterans’ legislation

Veterans’ legislation is still pending and we are monitoring progress of each bill. Veterans’ legislation is passed in different committees, the HVAC and SVAC. Some issues we are tracking:

• H.R. 1025/S. 491 is working its way through the committees and needs your strong support to get it passed as we have provided in other requests.
• VA Caregiver ACT (PL 111-163) implementation is finally on track. VA had stalled implementation. However, along with our coalitions and alliances, VA finally sent out resources to caregiver families this past week.
• S. 951 – Hire Our Heroes Act: Seeks jobs and addresses homelessness and unemployment, is being given serious consideration and is gaining support throughout the Senate.
• Survivors and Dependents Education Assistance (DEA) potential legislation would provide survivors’ dependents entitled to Post 9-11 GI Bill similar benefits. This legislation when introduced will offer the same educational benefits as the children of members killed in service.
• Uniformed Service Employment and Reemployment Rights Act (USERRA) and SCRA – We are monitoring implementation of upgrades to Servicemembers’ Civil Relief ACT (SCRA) protections regarding telephone service contracts, residential and motor vehicle lease termination fees, and enforcement by US Attorney General. We are urging hearings on USERRA compliance. USERRA is a growing problem.
• Agent Orange Issue: Presumptive Service-Connected Eligibility for Agent Orange Exposure – Blue Water Navy. An Institute of Medicines (IOM) report has been released. We support Blue Water Navy Agent Orange Legislation to award presumptive service connection for veterans who served off the coast of Vietnam during the entire conflict. H.R. 812 is pending legislation that may address this issue.

Unemployment for veterans is a growing issue. According to a recent USA Today article unemployment has gotten worse for veterans. According to the Department of Labor, the estimated jobless rate among male veterans ages 18-24 was more than 30% in May 2011, compared with 18% among male civilians of the same age group, according to the Bureau of Labor Statistics. The unofficial prediction of unemployment for Reserve Comp- onent veterans is even higher than 30%. Read the story at http:// www.usatoday.com/news/military/ 2011-06-16-jobless-militaryveterans_ n.htm/.

National defense

The National Defense Authorization ACT (NDAA) and Veterans’ legislation needs your direct grassroots involvement. Consider joining your Congressional representative military advisory council. Without your inputs, these issues will be solved based on limited inputs. Get involved and engaged with these issues and the budget debate – and let your Congressional delegation know your position on legislation at www.ausn.org. You can use our “Contact Congress” Function at our Web site to send a prewritten note to Congress, or alternatively, you can write what you wish. Contact me at ike.puzon@ausn.org with questions.