FY2013 National Defense Authorization Act: Selected Military Personnel Policy Issues

H.R. 4310: National Defense Authorization Act for Fiscal Year 2013
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Advanced Search. Publicly Released: Oct 12, Farrell farrellb gao. What GAO Recommends GAO previously recommended that DOD fully address ongoing section requirements, such as including an efficiencies plan, among other things, in its subsequent reports.

Military Personnel

View Report PDF. Jun 28, Publicly Released: Jun 28, Publicly Released: Jun 27, Publicly Released: Jun 20, Publicly Released: Jun 19, Publicly Released: Jun 12, Publicly Released: Jun 6, Publicly Released: Jun 5, For FY , the Obama administration requested a military pay raise of 1.

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Prepared for Members and Committees of Congress. FY National Defense Authorization Act: Selected Military Personnel Policy Issues. CRS Report R, FY National Defense Authorization Act: Selected Military Personnel. Policy Issues, coordinated by Catherine A.

Following the recommendation of the Congressionally-mandated Military Compensation and Retirement Modernization commission, Congress added a k -like benefit, creating a blended retirement system. New servicemembers who enlist after January 1, will receive a lower defined-benefit pension upon retirement after at least 20 years of service.

Instead of a 2. For example, if a servicemember contributes 3 percent of their pay to the Thrift Savings Plan, DoD will contribute 1 percent of their pay automatically and match the additional 2 percent, for a total DoD contribution of 3 percent. Current servicemembers who have served less than 12 years as of January 1, , can opt into the new system if they wish. All other current servicemembers are grandfathered into the old plan. This shift to a blended retirement system reduces the all-or-nothing character of the previous retirement system and ensures that all servicemembers will receive at least some retirement benefit, although the defined-benefit element is still the larger element of the expected retirement benefit for those who serve at least 20 years.

Although Congress has typically been reluctant to increase the proportion of healthcare costs that are borne by current beneficiaries, Congress raised annual enrollment fees for new military retirees who elect to continue their TRICARE coverage and made various adjustments to the cost-sharing and total out-of-pocket caps. Active-duty family members and their families, medically retired servicemembers and their families, and survivors of servicemembers who died on active-duty would continue to receive care at no out-of-pocket cost.

In the PB , DoD is requesting higher pharmacy co-pays and shifting the co-pays to further encourage generic and mail-order prescriptions. In addition to the total force of 1,, active-duty servicemembers and , reserve-component servicemembers, the PB defense budget requests funding for , DoD civilians, of which , are DoD direct hires. DoD civilian direct hires would make up 27 percent of the overall federal civilian employee workforce in FY The overall ratio of active-duty to civilian DoD employees has fluctuated between 2. However, the ratio has fallen steadily since as DoD has either more rapidly added civilians than active-duty forces or more rapidly shrunk the size of the active-duty workforce compared to the civilian workforce see Figure The ratio of active-duty personnel to civilian DoD direct employees also varies across the military departments.

Overall, since , the Air Force has had the lowest ratio of active-duty to civilian personnel, with about two active-duty personnel for each civilian employee, followed by the Army, with 2. The Navy has maintained an average ratio of 2. Labor Force. The Navy, Air Force, Army, and the collective set of defense agencies each have approximately , civilians as of FY The number of civilian DoD employees within each military department and the total of the civilians affiliated with the defense agencies converged sharply between FY and FY , when the Army lost 49, civilians, the Navy lost 15,, and the Air Force lost 13,, while the defense agencies collectively added 60, This apparent reshuffling may have been driven by the government shutdown at the start of FY and the FY sequester, which resulted in eleven unpaid furlough days for DoD civilians see Figure In addition to Department of Defense civil servants, DoD also employs thousands of contractor personnel to staff DoD offices.

DoD also contracts with various private firms for services ranging from contingency logistics to grounds maintenance. In , the Congressional Budget Office, responding to an inquiry by Sen. In general, the two major arguments have centered around, first, what proportion of supporting activities should be performed by uniformed servicemembers rather than civilian employees or contracted out—with a goal of raising the proportion of the uniformed workforce performing combat duties instead of support functions—and, second, whether DoD can save money or improve efficiency by shifting the tasks performed to a different element of the overall Pentagon workforce or simplifying and eliminating some tasks.

Blakeley worked as a defense policy analyst at the Congressional Research Service and the Center for American Progress. She is completing her Ph. Her academic research examines Congressional defense policymaking. Sargent Jr. Earmarks specified FY Fund amounts to provide training, equipment, supplies, and services to ministries and other entities of the government of Pakistan that the Secretary has identified as critical for countering the flow of improvised explosive device precursor chemicals from Pakistan to locations in Afghanistan.

Requires, for the latter use of such funds, 15 days' prior notification of the defense and appropriations committees. Terminates such Pakistani assistance authority at the end of Revises the scope of authorized projects. Reduces FY funding. Limits the availability of FY funds until the Secretary reports to Congress on the implementation of the Task Force transition action plan.

Special Operations Command from funds authorized for overseas contingency operations to funds authorized for DOD recurring operations. Adds as NTIB objectives: 1 ensuring reliable sources of materials that are critical to national security, and 2 reducing the presence of counterfeit parts in the supply chain and the risk associated with such parts.

Disability pension of military personnel who retire after full service will now be taxed

Requires the strategy developed to to be considered in the development and implementation of acquisition plans for each MDAP. Requires that each Advocate: 1 be segregated from ongoing audits in the field, and 2 not engage in activities with regard to particular audits that could compromise the independence of that audit agency or undermine compliance with applicable audit standards.

Directs the Inspector General, in a required semiannual report, to include information on contract audits and on any DOD audit agency that either failed audit requirements or is overdue for a peer review. Removes the requirement that such representatives review restrictions on competition, instead requiring them to review barriers to small business participation in federal contracting, as well as any bundled or consolidated solicitation or contract.

Requires such representatives to: 1 have electronic access to procurement records, and 2 be an advocate for the maximum practicable utilization of small businesses in federal contracting. Requires each federal agency participating in federal procurement contracts to have an annual goal that presents the maximum practicable opportunity for the small business categories to participate in the performance of contracts let by that agency.

Requires the Administrators of the Small Business Administration SBA and Federal Procurement Policy to insure that the cumulative annual prime contract goals for all procurement agencies meet or exceed the annual government-wide prime contract goals established by the President.

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Directs the small business procurement goals to address both prime contract and subcontract awards. Requires the SBA Administrator to review and make appropriate revisions to the Goaling Guidelines for the Small Business Preference Programs for Prime and Subcontract Federal Procurement Goals and Achievements to ensure realistically achievable improvements to levels of subcontracting to the small business categories.

Directs the SBA's Chief Counsel for Advocacy to contract for the conduct of an independent assessment of federal small business procurement goals. Requires, in the latter reports, information concerning the number and dollar amounts of prime contracts awarded to small businesses owned by an Alaska Native Corporation.

Requires agency heads to ensure that senior executive personnel responsible for acquisition assume responsibility for that agency's success in achieving small business contracting goals and percentages. Under current law, the SBA mentor-protege program is limited to small businesses participating in the section 8 a guaranteed loan program. Prohibits a federal department or agency from carrying out a mentor-protege program for small businesses unless the head of such department or agency submits a program plan to the Administrator and the Administrator approves it.

Requires the Administrator to approve or disapprove a plan based on whether the proposed program: 1 will assist proteges to compete for federal prime contracts and subcontracts, and 2 complies with program regulations issued by the Administrator under this Act. Requires the Administrator to issue regulations with respect to mentor-protege programs to ensure that they improve the ability of proteges to compete for federal prime contracts and subcontracts.

Requires annual reports from the Administrator to the small business committees concerning such programs. Requires a small business, in the case of a contract for supplies from a regular dealer, to supply the product of a domestic small business manufacturer or processor, unless the SBA grants a waiver. Requires an offeror with respect to a federal contract that is to be awarded pursuant to the negotiated method of procurement that intends to identify a small business as a potential subcontractor to notify the small business of such identification.

Directs the Administrator to establish a reporting mechanism that allows subcontractors to report fraudulent activity or bad faith by a contractor with respect to a federal small business subcontracting plan. Requires the Administrator to: 1 ensure that the SBA electronic subcontracting reporting system is able to identify entities that fail to submit required reports, and 2 report annually to the small business committees concerning the success or failure in meeting such report requirements.

Authorizes the Administrator, when establishing small business size standards, to establish or approve a single standard for a grouping of four-digit North American Industry Classification System codes only if the Administrator makes publicly available, no later than the date on which it is established or approved, a justification that such standard is appropriate for each individual industry classification in the grouping.

Makes such bundling limitations specifically applicable to construction contracts. Directs the CG to review data and information regarding consolidated contracts awarded by federal agencies. Requires the Administrator to: 1 issue rules defining an advisory opinion for such purposes, and 2 issue a compliance guide to assist businesses in accurately determining their small business status.

Includes as additional duties of each Director: 1 reviewing and advising on decisions to convert an activity performed by a small business to an activity performed by a federal employee; 2 providing advice and comments on acquisition strategies, market research, and justifications related to small business; 3 providing training to small businesses and contract specialists; 4 carrying out exclusively the duties enumerated under the Small Business Act and, while Director, not holding any other title, position, or responsibility except as necessary to carry out such duties; and 5 reporting annually to the small business committees on the provision of small bus iness and contract specialist training.

Revises Director experience requirements. Outlines conditions under which the Administrator may be relieved of surety liability, including fraud or material misrepresentation by the surety or breach of a material term or condition of the guarantee agreement. Directs the President to establish minimum requirements for such plans and procedures. Requires such inspector general to report investigation results.

Allows an agency head, after such a report, to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement. Allows for the consideration of mitigating and aggravating factors where applicable. Requires substantial allegations to be included in the Federal Awardee Performance and Integrity Information System database, while allowing for contractor response.

National Defense Authorization Act for Fiscal Year 2013

Revises authorized grant purposes. Outlines grant application requirements, including joint or regional applications. Directs the Administrator to appoint fire service personnel to conduct peer reviews of applications. Provides for the prioritization and allocation of grant awards. Requires the Administrator, in considering applications, to consider: 1 the extent to which the grant would enhance the daily operations of the applicant and the grant's impact on the protection of lives and property; and 2 a broad range of factors important to the applicant's ability to respond to fires and related hazards.

Allows for the awarding of grants: 1 to non-fire emergency medical services organizations, and 2 for fire safety research centers. Directs the Administrator to convene a workshop of fire safety and service organizations and other appropriate entities to identify and prioritize fire safety research needs.

Outlines grant matching funds requirements. Allows the Administrator to waive certain grant requirements in cases of demonstrated economic hardship. Requires the Administrator to annually convene a meeting of qualified members of national fire service and related organizations to obtain recommendations regarding criteria for awarding grants and making administrative changes to the AFG program.

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Makes the Alaska Village Initiatives an eligible grant applicant. Requires annual AFG program reports from the Administrator to specified congressional committees. Allows for the waiver of such requirements in cases of demonstrated economic hardship.

Authorizes appropriations for FYFY Terminates grant authority five years after the enactment of this title. Requires the Task Force to report to such Secretary and Congress on its findings and activities. Requires the USFA Administrator to study and report to Congress on the equipment, staffing, and training needed for fire services on a national, state, regional, and local level. Removes an outdated USFA funding limitation. Authorizes such Secretary to carry out architectural engineering services and construction design activities with respect to the construction and improvement of military family housing.

Authorizes appropriations to the Army for fiscal years after for military construction, land acquisition, and military family housing functions of the Army. Modifies or extends certain prior-year Army military construction projects. Military Academy until such Secretary: 1 submits to the defense and appropriations committees a plan to renovate existing barracks there, and 2 certifies to such committees the existence of a contract for the renovation of Scott Barracks at such location. Modifies or extends certain prior-year Navy military construction projects. Modifies or extends certain prior-year Air Force military construction projects.

Authorizes the Secretary to carry out energy conservation projects in specified amounts. Authorizes appropriations for fiscal years after for military construction, land acquisition, and military family housing functions of DOD other than the military departments. Modifies or extends certain prior-year DOD construction projects. Limits the total cost of such construction projects. Modifies a prior-year chemical demilitarization project. Subtitle B: Other Matters - Sec. Provides authorized Account uses. Prohibits the use of Account funds for new military construction under a base closure law.

Provides for the disposal or transfer of commissary stores and related property purchased with nonappropriated funds. Requires the Secretary to establish a consolidated budget justification display in support of the Account that, for each year, details credits and expenditures. Requires a final report from the Secretary to the defense and appropriations committees when the Account is closed.

Directs the CG to submit to the defense and appropriations committees a review of the process and criteria used by DOD to make such closure and realignment decisions. Directs the Secretary concerned to ensure project contract compliance with the Anti-Deficiency Act. Requires information concerning oversight and accountability for privatization projects to be included in required annual reports on contracts for the acquisition or construction of military family housing. Requires annual report updates for three years.

Allows such requirements to vary between installations depending on its nature, the access granted, and level of security required. Subtitle C: Energy Security - Sec. Lifts such prohibition upon the submission of a report and updated policy guidance from DOD. Pacific Command. Provides that, if the Secretary determines that any grant, cooperative agreement, transfer of funds, or supplement of funds available in FYFY will result in the development of public infrastructure on Guam, the Secretary may not carry out such grant, agreement, transfer, or supplement unless specifically authorized by law.

Provides exceptions, including for analysis or studies required under the National Environmental Policy Act of Subtitle E: Land Conveyances - Sec. Perry Center for Hemispheric Defense Studies. Navy Yard for a memorial to honor members who have served as divers, as long as the memorial is paid with private funds and such Secretary has exclusive authority to approve the design and site. Authorizes the Secretary of Defense to waive the report requirement in the event of urgent national need. Prohibits the Foundation from using federal funds to establish such work.

Provides for the deposit of excess contributed funds. Repeals certain prior year congressional joint resolutions relating to the establishment and approval of the location of a black revolutionary war patriots memorial. Authorizes appropriations for fiscal years after for such purpose. Prohibits any increase after such date unless the NNSA Administrator submits to the defense and appropriations committees a justification therefor.

Provides excepted positions, and increases their number from to Requires the Administrator to ensure that the expertise of the national security laboratories and nuclear weapons production facilities is fully utilized through the temporary assignment of personnel from such laboratories and facilities pursuant to the Intergovernmental Personnel Act Mobility Program and other similar programs. Directs the Administrator to establish the National Nuclear Security Administration Council to: 1 advise the Administrator on scientific and technical issues relating to the mission and operations of the NNSA and its nuclear security enterprise; and 2 make recommendations to the Administrator or Secretary for improving NNSA governance, management, effectiveness, and efficiency.

Limits the cost of such replacement building, and requires operations to commence at such building no later than December 31, Prohibits any funds from being obligated or expended on activities associated with a plutonium strategy for the NNSA that does not include achieving full operational capability of such building by such date. Requires the Deputy Administrator for Naval Reactors to study, and report to the defense and appropriations committees on, the costs, benefits, and risks to nuclear safety of such replacement project. Prohibits the Administrator, in carrying out prototype activities, from conducting any experiments that produce a nuclear yield.

Extends through the authority for such contributions.

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Directs the CG to review such report and submit review results to such committees. Limits program funding until the Administrator reports to the defense, appropriations, and foreign relations committees on such program and the countries selected. Requires the Administrator to: 1 notify such committees at least 15 days in advance of any program modifications, and 2 report to such committees on the manner in which such program coordinates and complements without duplicating other federal nonproliferation programs.

Directs the CG to assess program effectiveness, and submit assessment results to such committees. Provides budgeting for each phase, dependent on the availability of appropriations. Requires: 1 quarterly progress reports from the CG to the defense and appropriations committees, 2 the Deputy Administrator for Naval Reactors to study the project and report study results to such committees, and 3 the Director of Cost Assessment and Program Evaluation of DOD to submit to such committees a review of the project's costs and schedule.

Requires a record of such incidents to be maintained by the Secretary. Directs such officials to report to such committees on any such incidents during the previous year period. Requires assessment updates as necessary.

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Directs the Secretary, the Secretary of Homeland Security with respect to the Coast Guard when not operating as a service in the Navy , the Secretary of Commerce with respect to the National Oceanic and Atmospheric Administration [NOAA] , and the Secretary of Health and Human Service with respect to the Public Health Service administering Secretaries to establish programs of compliance to ensure appropriate travel claims payment and ensure that benefits do not exceed actual expenses of travel or reasonable allowances based on commercial travel rates. Directs such Secretary to appoint an advisory committee on Arlington National Cemetery, which shall advise and consult with respect to Arlington National Cemetery administration, erection of memorials, and master planning. Davis CA moved that the House instruct conferees. Allows interest proceeds to be used for the same purpose. Requires consultation with such Deputy: 1 with respect to a required annual DOD report on critical technologies, and 2 during an MDAP certification process.

Prohibits the availability of funds for certain DOE facility projects until the submission of such report. Requires such report to include recommendations addressing the remediation and reclamation of such mines. Requires such assessment to support rather than replace current requirements under the Atomic Energy Act of that the utilization or production of special nuclear material will be in accordance with the common defense and security and will provide adequate protection to the public health and safety.

Requires independent cost estimates for each system. Strategic Command from presenting their professional views to the President, National Security Council, or Congress concerning: 1 the safety, security, reliability, or credibility of the nuclear weapons stockpile and nuclear forces; or 2 the status of and plans for the capabilities and infrastructure that support and sustain such stockpile and forces.

Requires a pilot program report from the Secretary to the defense, science, and energy committees. Requires an interim and final report from the Panel to the President, the Secretaries of Defense and Energy, and the defense and energy committees. Terminates the Panel no later than June 1, Directs the Secretary to: 1 develop and update annually a program plan through public workshops; 2 use the Nuclear Science Advisory Committee to conduct annual reviews of progress in achieving program goals and make recommendations to improve program effectiveness; and 3 implement a program to provide assistance for the development of fuels, targets, and processes for domestic molybdenum production that do not use highly enriched uranium, and for commercial operations using such fuels, targets, and processes.

Requires the Secretary to establish a program to make low enriched uranium available, through lease contracts, for irradiation for molybdenum production for medical uses. Requires such contracts to provide for the producers of the molybdenum to take title to and be responsible for the molybdenum created by the irradiation, processing, or purification of uranium leased under this section. Requires the contracts to require the Secretary to: 1 retain responsibility for the final disposition of spent nuclear fuel created in medical isotopes production; and 2 take title to and be responsible for final disposition of radioactive waste created by the irradiation, processing, or purification of uranium for which the producer does not have access to a disposal path.

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Requires the producer of the spent nuclear fuel and radioactive waste to characterize, package, and transport such fuel and waste before its acceptance by DOE. Requires the lease contracts to provide for appropriate compensation for costs incurred in or associated with: 1 the final disposition of spent nuclear fuel and radioactive waste for which DOE is responsible, and 2 carrying out the uranium lease and take-back program described above.

Requires such program to be established within three years after the enactment of this Act. Prohibits the Secretary from exchanging uranium for specified services. Deems radioactive material resulting from the production of medical isotopes that has been permanently removed from a reactor or subcritical assembly, and for which there is no further use, to be low-level radioactive waste if it is acceptable under federal low-level waste disposal requirements.

Provides that such export ban will not go into effect unless the Secretaries of Energy and Health and Human Services have jointly certified that: 1 there is a sufficient supply of molybdenum without the use of highly enriched uranium to meet the needs of patients in the United States, and 2 it is not necessary to export U. Permits suspension of an ongoing export license restriction for a month period if: 1 there is a critical shortage of molybdenum to satisfy domestic U. Revises the Board's mission. Requires the Board, at least 30 days before transmitting to the Secretary a recommendation with respect to a Board mission or function, to submit a draft thereof and any supporting findings and data, and to allow the Secretary to provide input before the recommendation is finalized.

Requires any such input to be made public. Directs the Board to enter into an agreement with a federal agency to procure the services of the inspector general of that agency. Requires the inspector general chosen to have expertise relating to the Board's mission. Requires the Board, in annual budget materials, to include a separate procurement line item for such services. Requires consent by the Secretary of the Navy for Ready Reserve Force vessels or other NDRF vessels determined to be of sufficient value to the Navy to warrant their further preservation and retention.

Allows the Secretary, when a contractor does not desire an extension, to award the operating agreement to a new contractor on the basis of military need, in coordination with the Secretary of Defense. Provides periodic inflationary increases, through such fiscal year, to the annual stipend provided to Program participants. Extends through such fiscal year the authorization of appropriations for the Program. Authorizes under current law, requires the Secretary to develop strategies to encourage the use of short sea transportation for the transportation of passengers and cargo.

Requires the agency head responsible for the administration of U. Division D: Funding Tables - Sec. Requires decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of an authorized dollar amount to be based on merit-based selection procedures in accordance with federal requirements and other applicable provisions of law, or on competitive procedures. Allows amounts specified in the funding tables in this Division to be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law.

Prohibits any oral or written communication concerning an amount specified in the funding tables from superseding the requirements of this section. Here are some tips to get started. Follow us on Twitter and Facebook for updates about legislation in Congress. Sign up for our articles by email and then get legislative alerts for your reps or issues you care about.

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US HB4310 | 2011-2012 | 112th Congress

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