Legislative Update

LEGISLATIVE REPORT

GREENVILLE CHAPTER MOAA

 

Although Congress often delays until late in the year before enacting a fiscal year‘s National Defense Authorization Act (―NDAA‖), the Senate and House Conference Committee has announced the terms of the final FY2010 NDAA Bill (the ―Bill‖). As might be expected the Bill has some good and some significant bad news. First the good news, among other things, the Bill

· Authorizes a 3.4% pay raise for active duty, Guard and Reserve members (vs. the budgeted 2.9%),

· Bars the Pentagon from implementing any TRICARE inpatient care copay increases for FY2010,

Authorizes an extra 30,000 troops for the Army (15,000 above the budget request), and an additional 30,000 in FY2011 and FY2012, provided DOD budgets for the increase,

· Authorizes premium-based TRICARE coverage for ―gray area‖ reserve retirees who haven‘t yet attained age 60,

· Mandates a list of initiatives to protect absentee voting rights for military members and families, and

· Provides various limited benefits for wounded warriors, military families, and Guard/Reserve.

Now the bad news - which unfortunately is very bad - the Bill, among other things,

· Drops the House plan to phase out the disability offset to retired pay for medically retired (Chapter 61) members, reneging on the President ‗s promise to disabled veterans (the President‘s budget had included this measure, and House leaders had found funding for the first year); some in the Senate objected to the specific funding sources identified by the House, and leaders could not find other offsets to comply with Senate budget-scoring rules,

· Drops the Senate initiative to repeal the deduction of VA survivor benefits from military SBP annuities, again for lack of funding offsets,

· Reduces the Senate-approved Army manpower level by 15,000 for FY2010 (though it did provide extra increases in 2011-12); MOAA had urgently supported the extra increase for FY2010 to provide much needed relief for Army families affected by grievous over-deployment of a too-small force,

· Drops a Senate-approved provision to authorize retroactive Reserve retirement age credit for active duty service since September 11, 2001 (current law credits only service since January 28, 2008), again for lack of funding offsets, and

· Even drops a Senate-passed provision expressing the sense of Congress that military retirement and health benefits are the primary offset to the extraordinary demands and sacrifices inherent in a military career, that career members deserve a health benefit commensurate with their sacrifices, and that DOD needs to look at other ways to reduce health care spending than shifting more costs to beneficiaries.

The items dropped were, of course, among MOAA‘s highest priority goals.

It is clear that Congress is routinely waiving so called budget rules for politically expedient big-ticket items while selectively applying these same waived rules to more deserving groups whose military service on behalf of their fellow citizens has cost them their health, their livelihood and the very lives of their loved ones. MOAA and the Military Coalition have pledged to keep working until these arbitrary barriers come down. The American Legion has been particularly incensed. Its President has vowed, ―It is time for a new bill to be introduced – Lest We Forget Act – to address the nation‘s unfinished business concerning the military community. If Congress won‘t budge, then it‘s time for the Commander-in-Chief to take care of his troops – past, present and future service members. The American Legion is not about to let this go.‖

There was one bright spot in the Conference Committee process which illustrates once again the power of MOAA member communications to Congress. Having been assured by Secretary Gates earlier this year that DOD would not seek any TRICARE fee increases for FY2010, MOAA was shocked and disappointed by the announcement on September 30, that DOD was raising the inpatient copay for retired TRICARE Standard beneficiaries by $110 per day (from $535 to $645) as of October 1. MOAA immediately contacted Secretary Gates, the White House and Hill leaders to reverse the plan; MOAA members generated almost 20,000 messages to Congress. As a result, the provision mentioned above, baring such TRICARE fee increases for FY2010 was included in the Conference Committee Bill. There is no substitute for grass roots support in coordination with MOAA‘s Washington efforts!

In a bit of good news, the Senate and House passed the Veterans Health Care Budget Reform and Transparency Act authorizing Congress to approve veterans‘ medical care funding one year in advance to better meet the anticipated demand for veterans health care services. The advanced funding will give the Department of Veterans Affairs up to a full year to plan for the most effective and efficient way of delivering medical care. Additionally, this would require the Government Accountability Office to audit the budget development process to ensure that sufficient funds are included. The Bill is now headed to the White House where it is expected to be signed into law.