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Senate committee approves FY2014 Defense Authorization bill

Tuesday, June 18th, 2013

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Last week the Senate Armed Services Committee (SASC) approved its version of the FY2014 Defense Authorization bill.  The bill authorizes force levels, programs, and policies (including military pay raises) for DoD budgets and programs and policies for the Department of Energy (DoE) nuclear weapons program.  Appropriations bills provide actual funding (appropriations).

According to the committee press release, the SASC bill authorizes $625.1 billion, including $526.6 billion for the DoD base budget, $17.8 billion for DOE and $80.7 billion for Overseas Contingency Operations (OCO) in FY2014.

The SASC bill approves the president’s request for a 1 percent military pay raise. The House-passed bill proposes a 1.8 percent military raise. The bill rejects DoD’s proposed increases to healthcare fees, deductibles, and co-pays, as does the House bill.

The SASC continues the drumbeat of congressional rejection of DoD’s proposal for a Base Realignment and Closure (BRAC) round in 2015. The House-passed bill also rejects a new BRAC round, as does the House-passed FY2014 Military Construction/VA appropriations bill.

In a move to mitigate the adverse effects on readiness resulting from sequestration, the SASC bill adds $1.8 billion to “address readiness problems caused by fiscal year 2013 sequestration.” The SASC bill would also establish a DoD Readiness Restoration Fund “to provide increased flexibility to transfer available funds to meet high priority readiness needs.”

The SASC requires DoD to develop a plan to streamline management headquarters operations across the department with a goal of saving $100 billion over 10 years.

The bill increases the cost cap on the new Gerald R. Ford aircraft carrier (CVN-78) from $11.8 billion to $12.9 billion and excludes shipboard testing cost increases from the cap.

The bill cuts Military Construction by $1.3 billion. Incrementally-funded projects are reduced by $640 million, funding for new construction projects in Europe is cut by $447 million, and construction spending in Guam is reduced by $238 million.

The bill sets a $487,000 limit (from the current $763,000) on allowable reimbursement for contractor executive salary. The House bill rejects setting a limit and proposed to exclude the salaries of some contractors’ top five earners from allowable expenses and freeze the baseline for current employee compensation.

Regarding sexual assault in the military, the SAC bill would amend Article 60 of the Uniformed Code of Military Justice (UCMJ) to limit the authority to modify findings of a court-martial to specific sexual offenses, require automatic review of a commander’s decision to not prosecute a sexual assault allegation, and make retaliation against servicemembers for reporting criminal offenses a punishable offense.

The full Senate could consider the bill before the August recess.

House passes FY2014 Defense Authorization bill; White House threatens veto

Friday, June 14th, 2013

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Yesterday, the House passed its version of the FY2014 Defense Authorization bill, 315-108. The House bill authorizes $552.1 billion for the Department of Defense (DoD) and Department of Energy (DoE) funding for the nuclear weapons program.  The bill also authorizes $85.8 billion for Overseas Contingency Operations (OCO) in FY2014.

Final passage came after the House approved an amendment prohibiting the use of funds to release or transfer Yemen detainees from the U.S. military detention facility at Guantanamo Bay, Cuba. The full House rejected an amendment calling for closing the military detention facility at Guantanamo Bay by the end of 2014.

The House bill contains very strong provisions relating to sexual assault in the military including: requiring mandatory two-year sentences for servicemembers convicted by a military court of rape or sexual assault and removing from commanders the power to overturn such convictions. Servicemembers who commit rape or sexual assault would be dismissed or dishonorably discharged, under the bill.

The House bill provides military personnel with a 1.8 percent pay raise, almost twice the 1 percent raise requested in the president’s budget. The bill rejects DoD’s proposed increases to TRICARE Prime enrollment fees, pharmacy co-pays, and an enrollment fee for TRICARE for Life and TRICARE Standard.

The bill rejects administration proposals to achieve savings to meet constrained funding levels or reapply to other higher priority programs. The House bill prohibits DoD from planning or initiating another Base Realignment and Closure (BRAC) round in 2015, rejects the Navy’s plan to retire seven cruisers and two amphibious ships, and prevents the retirement of Global Hawk block 30 unmanned aircraft.

The House rejects a cap on individual salaries when calculating allowable private sector compensation on DoD contracts. Instead, it would exclude the salaries of some contractors’ top five earners from allowable expenses and freeze the baseline for current employee compensation. Future adjustments in the baseline would be made using the economic cost index.

The bill drew an immediate veto threat from the White House. A Statement of Administration (SAP) on the bill issued by the Office of Management and Budget (OMB) identified “serious concerns” about a number of provisions in the bill including the management of detainees at Guantanamo Bay. However, no specific concern drew a veto threat. Rather, the veto threat is framed in a very general way: “If the bill is presented to the President in its current form, the President’s senior advisors would recommend that the President veto the bill.”  

House Appropriations Committee approves FY2014 DoD spending bill

Thursday, June 13th, 2013

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Yesterday, the House Appropriations Committee (HAC) approved the FY2014 Department of Defense (DoD) Appropriations bill. The HAC bill provides $512.5 billion for the DoD base budget (excluding military construction), almost $3.4 billion below the president’s request.

The HAC bill also provides $85.8 billion for Overseas Contingency Operations (OCO) in FY2014.

The HAC bill funds a 1.8 percent military pay raise that would be authorized under the House Armed Services Committee’s (HASC) FY2014 Defense Authorization bill. The president’s budget requests a 1 percent pay raise for military personnel.

The bill proposes to fund the Defense Health Program (DHP) at $33.6 billion, $519 million above the request. Increases are primarily for medical research and medical facility upgrades.

Funding for Operations and Maintenance (O&M) programs in the bill would total $175 billion, $124 million below the request. The bill includes a $922 million increase for what the committee calls underfunded facility sustainment and modernization. The HAC also adds $536 million to cover a shortfall in fuel funding that was reported by the General Accountability Office (GAO).

The HAC bill would provide $98.4 billion for procurement programs, $750 million less than the request.  The bill provides $15 billion to build 8 new ships (including two SSN-774 Attack Submarines, one DDG-51, and four Littoral Combat Ships) and funding to buy 29 F-35 and 21 EA-18G aircraft. The HAC funds the purchase of 73 H-60 Blackhawk (8 more than the request) and the requested 28 CH-47 Chinook helicopters. The bills also provides funds for 18 MV-22 and three CV-22 Osprey aircraft. The HAC includes $1.5 billion for Guard and Reserve equipment, not requested by DoD, and $100 million to modernize the HMMWV (Humvee) vehicle for the Army Guard, also not requested by DOD.

Funding in the bill for research and development totals $66.4 billion, $1.1 billion below the president’s request. The bill funds requests to continue development of the replacement for the Ohio-class ballistic missile submarine, a new penetrating bomber, and the Next Generation Aerial Refueling Aircraft, and to develop the Ground Combat Vehicle. The bill makes significant funding cuts to development of the Next Generation Jammer (-$100 million) and to continued development of the F-35 aircraft (-$67 million).

The HAC approved bill is expected to go to the House floor before the July 4th recess.

Think tank experts urge closing excess military bases and cutting DoD’s civilian workforce

Wednesday, June 12th, 2013

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The Department of Defense (DoD) should close excess bases, assess the size and structure of its civilian workforce, and reform the compensation package for military personnel, according to 25 expert defense analysts from 10 think tanks covering the whole political field.

In a letter to DoD Secretary Chuck Hagel and leaders of congressional defense oversight committees, the experts warn that failure to address these issues will result in a “smaller share of the budget to pay for manning, training and equipping of our armed forces.”

The group point to a statement from DoD that about 20 percent in excess capacity drains resources from other priorities. While recognizing that Congress wants to avoid “repeating the mistakes of the most recent round of bases closures in 2005,” the group calls for Congress to work with DoD to “identify the true scale of excess capacity and then work expeditiously to better match the Department’s vast network of facilities to its shrinking force.”

Even so, closing bases in the U.S. is proving a tough sale in Congress this year. A DoD proposal in the FY2014 budget for a Base Realignment and Closure (BRAC) round in 2015 has met with stiff resistance. So far in the congressional budget review, the House and Senate Armed Services Committees and the House Appropriations Military Construction/’VA Subcommittee have rejected the proposal, prohibiting even planning for a new BRAC.

The need to reassess the size and structure of the DoD civilian workforce is underscored by the 17 percent growth in the workforce between 2001 and 2012, while military end strength grew by only 3.4 percent, the letter stresses. That the civilian workforce grew 10 percent in just the last four years suggests this growth has been “unchecked and unbalanced,” the analysts said. Accounting for $74 billion of the total DoD budget, the department has “more civilian employees than it can afford and quite possibly more than it needs,” the letter charges. The solution, according to these experts, is “to rightsize this workforce and make permanent reductions in a thoughtful and targeted manner.”

The think tank defense experts also stress that the military personnel compensation system needs serious reform. They argue that the current system, including outdated forms of payment, has not changed much in the last 40 years. Today’s youth, they maintain, are more mobile and “value various forms of compensation differently.” Cost is also a consideration, the analysts contend. The cost of compensation between 2001 and 2012 has grown annually by an average 4.1 percent. These costs will continue to grow even as defense budgets shrink, they warn. As a result, funding for training, readiness, and equipment replacement will have to decline. The letter notes that last year Congress established a commission to evaluate military compensation and proposes that the commission’s recommendations be considered and voted on in the House and Senate.

These three recommendations are essential to maintaining a strong defense, but “are not sufficient to meet the fiscal and strategic challenges the military currently faces,” the letter concludes. The letter does not identify these other reforms, indicating there are differing opinions on them among the signatories. However, the letter stresses that the experts do agree that Congress and the administration must act quickly on the three specific reforms they propose.

OPM issues draft rule on phased retirement

Monday, June 10th, 2013

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The Office of Personnel Management (OPM) has published a draft rule in the Federal Register to implement the phased retirement program for federal employees. The proposed rule includes information on eligibility, benefits and pay, and the transition from phased to full retirement. OPM on the draft rule must receive comments on the rule by August 5, 2013.

Congress passed and the president signed legislation authorizing phased retirement last July. Under the program, federal employees approaching retirement can continue working part time, while beginning retirement. 

The notice in the Federal Register states “the purpose of phased retirement is to allow the Federal Government to continue to benefit from the services of experienced employees who might otherwise choose to retire.”

According to the proposed rule, eligible employees must have been in full employment status for the previous three years and be eligible for immediate retirement under either the Federal Employees Retirement System (FERS) or the Civil Service Retirement System (CSRS). Employees subject to mandatory retirement, such as law-enforcement officers, firefighters, air traffic controllers, and most Border Protection officers are not eligible for phased retirement. An employee in phased retirement status is considered a part-time employee, not a reemployed annuitant.

Part-time work by participants in the program is limited to half-time, except in very limited circumstances. The eligible employee receives income from a combination of part-time salary (50%) and partial annuity payments (50%). The phased retiree also accrues future retirement benefits proportional to the time they work.

Health insurance (FEHB) and life insurance (FEGLI) stay with the employing agency during the phased retirement period. FEGLI coverage is based on the full-time salary for the position and the FEHB employer contribution is the same as that for full-time employees. The legally set pay raise adjustment would apply to the employee’s salary portion of total pay. Retirement Cost of Living Adjustments (COLAs) would apply to the employee’s retirement annuity portion.

A phased retiree can return to full-time status if the employing agency agrees. However, after electing to return to full time status, the employee cannot go back into phased retirement. When such an employee fully retires, the phased retirement period is treated as part-time service when calculating the full retirement annuity.

When electing full retirement, the phased retiree receives a “composite retirement annuity.” This is calculated as the phased retirement annuity in force at the time of full retirement plus one-half of the annuity payable at full retirement as if the employee had been in full-time status during the phased retirement period.

Phased retirees are expected to spend 20 percent of their time mentoring other employees. According to the draft rule, this will “allow the Federal Government to continue to benefit from the services of experienced employees who might otherwise choose to retire.”

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