RAO Bulletin Update
1 July 2006
THIS BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLES:
== VA Data Privacy Breach [12] ------------- (Long term situation)
== VA Data Privacy Breach [13] --------------(Another revelation)
== VA Data Privacy Breach [14] ------------- (Vet compensation)
== VA Data Privacy Breach [15] ------------- (Cost to VA)
== VA Data Privacy Breach [16] ------------- (Free credit monitoring)
== VA Data Privacy Breach [17] ------------- (Who’s at fault)
== NDAA 2007 [05] --------------------------- (White House concerns)
== NDAA 2007 [06] --------------------------- (Highlights)
== NDAA 2007 [07] --------------------------- (Conference committee)
== Army Enlistment Age [01] ---------------- (Raised to 42)
== Phony War Heroes -------------------------- ($100,000 fine)
== VA Gravesite Locator [02] ---------------- (Online site maps)
== Tricare Data Breach (TriWest) [01] ------ (Current(Status)
== DACMC [02] -------------------------------- (Sweeping changes)
== Military Discounts -------------------------- (July 4th offers))
== Flag Legislation ---------------------------- (No ban on burning)
== VA AFGE Suit ------------------------------ (Physician pay dispute)
== Tricare Uniform Formulary [12] ---------- (Jun/Jul changes)
== Navy Personal Data Breach ---------------- (When will it stop)
== AF Retiree Council ------------------------- (Recommendations)
== ID Card Numbers [01] --------------------- (SSN removal)
== COLA 2007 Update 03 -------------------- (2.9% May increase)
== VA Phishing Alert -------------------------- (Another scam)
== Tricare User Fees [14] --------------------- (DoD still wants)
== Government Data Protection -------------- (What to do)
== SGLI [06] ------------------------------------ (Premium changes)
== VA Mental Health Care -------------------- (Availability questioned)
== VA SAH [02] -------------------------------- (Increased benefits)
== Veterans’ Preference [04] ------------------ (Post 911 )
== Military Legislation Status ---------------- (Where we stand)
VA DATA PRIVACY BREACH UPDATE 12: Government auditors on 14 JUN told a
congressional panel that long-standing weaknesses in the Veterans
Affairs Department's information security systems were responsible for a
massive data breach last month and its systems remain at risk. Since
fiscal 1997, the VA's Inspector General Office has cited weak information
security controls at the department. Both the IG and Government
Accountability Office officials testified at the House Veterans' Affairs
Committee hearing that the department has failed repeatedly to fully
implement recommendations for improvement. Michael Staley, VA assistant
inspector general for auditing, told lawmakers that his office will be
issuing a report in July regarding the scope of the early May incident.
Previously, he said, individual IT centers within the department focused on
resolving IG suggestions, but those recommendations were never
implemented department-wide. GAO, the IG office, and former administration
officials have long recommended that the VA pursue a more centralized
approach to managing technology, a suggestion that has been a source of
contention on Capitol Hill and within the department. The department's
federated IT management model, adopted last year, gives the chief
information officer line-item budget control, but critics, including House
Veterans Affairs Committee Chairman Steve Buyer (R-IN) argue that the
department needs to move toward a centralized model.
Linda Koontz, GAO's director of information management issues,
said in her testimony that the department's CIO needs veto authority over
department procedures that just don't make sense. Buyer said Congress
may need to strengthen the enforcement side of the law governing federal
computer security (the 2002 Federal Information Security Management
Act) because there are no consequences for noncompliance. "This is not
something that can be quickly fixed," Buyer said. "The VA's internal
controls have been grossly inadequate for a number of years." Last week, VA
Secretary James Nicholson told reporters that the incident was a result
of one person, by being careless, violating our procedures. Rep. Bob
Filner (D-CA) who has previously called for Nicholson’s resignation
because of the incident said the agency's response to the data breach has
been pathetic and the incident has become the Katrina of the Veterans
Administration.
The Defense Department will inform servicemembers who could be
affected by the May theft of personal data from the VA through their
monthly pay statements. DoD is in the middle of an analysis to determine
exactly how many active-duty, Reserve and National Guard servicemembers
could be affected by the data loss. When the analysis is completed the
Defense Finance and Accounting Service will inform servicemembers who are
determined to be vulnerable by putting a note on the bottom of their
monthly leave and earnings statements along with phone numbers and
website that will provide more information on identity theft and what troops
can do to protect themselves. Note: The corrected Air Force Personnel
Center Web site addee where all active duty, Guard and Reserve Airmen
can check to see if their data was compromised is
https://www.afpc.randolph.af.mil/checker/. [Source:
www.firstgov.gov/veteransinfo.shtml 13 Jun & GOVEXEC.com 15 JUN 06 ++]
VA DATA PRIVACY BREACH UPDATE 13: Troubling audit results have
prompted the Veterans Health Administration (VHA) to consider awarding an
agency wide contract for transcribing medical records. A report released
earlier this week by the VA Department's inspector general revealed that
a transcription subcontractor in India threatened to release the
medical records of 30,000 veterans over the Internet in 2005, amid a dispute
over payments. The report came on the heels of a department data
breach last month that compromised the personal information, including
Social Security numbers, of 26.5 million people. Jonathan Perlin, VHA
health undersecretary, concurred with the IG findings and recommendations,
and said standardizing contracts for transcription could help protect
patient medical information. A report on the feasibility of a nationwide
transcription contract and rollout of speech-recognition technologies
is expected from the agency's Prosthetics and Clinical Logistics Office
1 OCT. A VA spokesman said the agency is using speech-recognition
technology more often to enter text summaries into patients' electronic
health records. Perlin said the department also has inserted language
into its business agreements forbidding the transfer of veterans' health
information outside the United States, and is providing additional
training to improve oversight of contractors.
The medical records incident came to light when, beginning 23 FEB
05 the subcontractor sent the IG's Hotline Division e-mails claiming
that a U.S.-based contractor failed to pay more than $28,000 for
transcribing medical records. The subcontractor threatened to release data from
five VHA facilities onto the Internet if it didn't receive payment.
The IG report which can be viewed at
www.va.gov/oig/52/reports/2006/VAOIG-04-00018-155.pdf did not give the name of the contractor, the
subcontractor or the VHA facilities involved. A VA spokesman said the
contractor provided the medical information to the subcontractor without the
agency's knowledge or approval. Aggressive action was taken to ensure
that the contractor paid the subcontractor and that the records were
destroyed. But the IG report stated that there was no way of validating
that the patient records were actually destroyed, or of knowing whether
other offshore subcontractors or individuals possessed such records.
The VHA held 147 medical transcription contracts with 43
companies, worth a total of $30 million, in fiscal 2004, according to the
report. That year, the agency spent another $16 million on salaries for
in-house transcription-related jobs. The IG estimated that $6.2 million
could be saved if VHA facilities uniformly negotiated for transcription
services at the lowest rate currently paid for the various contracts.
The report also found that 113 out of 129 VA facilities surveyed failed
to remove patients' personal identifiers before allowing contractors to
access the information and 82 contracts did not limit access to VHA
data at contractor facilities. Seventy contracts lacked requirements that
the transcription services take place in the United States, and 45
failed to specify requirements for erasing VHA data from contractor
computers. The incident has raised the ire of several members of Congress
concerned about the agency's lack of controls of sensitive data after last
month’s massive breach involving the theft of personal information on
many of the nation's veterans and military service members from the home
of a VA employee. Rep. John Salazar (D-CO) with the support of 45
co-sponsors, has introduced legislation H.R.5588 that would require VA to
implement stronger data security procedures and to provide identity theft
services to veterans whose personal information is at risk because of
last month's breach. [Source: GOVEXEC.com Daily Briefing 16 Jun 06 ++]
VA DATA PRIVACY BREACH UPDATE 14: The House Judiciary Committee took
a step on 21 JUN toward compensating veterans who might be victims of
identity theft because of the loss of millions of Veterans Affairs
Department personnel records. On a voice vote, the committee approved the
legislation, clearing the way for likely House approval An Office of
Veterans Identity Protection Claims would be established to process claims
of veterans who might have their identities stolen by thieves who steal
money or run up credit card bills. Democrats complained the
legislation was not strong enough. It is a "half-hearted way" to address the
problem, said Judiciary ranking member John Conyers (D-MI). He said the
bill tells 26.5 million veterans to deal with the problem themselves. The
bill sets up a system of filing claims that might require hiring an
attorney.
A Conyers substitute that would require the VA to provide numerous
services, including credit monitoring and fraud alerts, was ruled out
of order by Judiciary Chairman James Sensenbrenner (R-WI) on grounds it
interfered with the jurisdiction of the House Financial Affairs
Committee. A Conyers amendment to raise the maximum attorneys' fees under the
bill from 10% of the paid claim to 25% failed on a 19-13 roll call.
Democrats argued 10% t was too low to attract lawyers. An amendment by
Rep. Bobby Scott (D-VA) for a $2 million per year authorization for five
years for a Justice Department probe of the computer file theft was
accepted on a voice vote. A Scott amendment also was adopted by voice
vote to extend the time for a veteran to file a claim to two years from
the time a problem is identified. [Source: GOVEXEC.com Daily Briefing 22
Jun 06 ++]
VA DATA PRIVACY BREACH UPDATE 15: The Veterans Affairs Department is
burning through $200,000 a day to operate a call center for veterans and
active-duty service members seeking information on last month's data
breach. As of 20 JUN in addition to the more than $7 million spent
operating the call center since the department announced the breach, a
mailing to 17.5 million veterans cost the department about $1 million for
printing and another $6 million-plus for postage. VA freed up the money
by reprogramming funds with the consent of the House and Senate
appropriations committees. The department contracted out the call center
through the General Services Administration. Scripted responses to
anticipated questions were written for the call centers and a VBA employee
has been assigned to provide assistance at each center. While VA
concluded that the May 3 incident compromised personal information for 26.5
million people, only 17.5 million records contained complete, accurate
data. About 7 million records lacked Social Security numbers, making it
impossible for the agency to track addresses for those veterans. In some
other cases, people were deceased.
VA has prepared to shift up to $25 million of its fiscal 2006
funding to handle the initial expenses linked to the theft. VA officials
told lawmakers that they would not speculate on whether fiscal 2007
funds would be tapped to handle the ongoing response. The White House is
preparing to formally ask Congress for $160 million -- with offsets --
to fund the VA’s response. The supplemental request is expected to
cover the costs of one year of free credit monitoring for affected
veterans. Steps taken to date by VBA to improve data securities are:
- A list has been compiled of all VBA databases holding sensitive
information and a workgroup will provide recommendations for improving the
protection of that data.
- All telework has been suspended and the agency has been considering
various ways of protecting sensitive data that is moved from the office
to an alternative worksite, often an employee's home.
- New encryption technology has been purchased for all agency laptop
computers
- Consideration of increasing the use of network servers for accessing
information to reduce the amount of information employees store locally
their computers.
- Discussion on changing its reliance on Social Security numbers as
unique identifiers. However, that might not be a workable solution since
the Defense Department and other agencies also use Social Security
numbers for that purpose and VA interacts with those agencies.
Michael Staley, VA assistant inspector general for auditing, told
lawmakers that even if all IG recommendations were followed, he could not
say for sure that the data breach would have been averted.
A draft report on the agency's fiscal 2005 Federal Information Security
Management Act audit from the IG office includes 17 recommendations for
improving information security practices, including encrypting
sensitive information on the agency's networks and setting policies on employee
background checks.
Also testifying before the subcommittees was the director of
information security issues at the Government Accountability Office, Gregory
Wilshusen, who said while VA's initial steps appeared to be helpful in
addressing information security weaknesses, they are not in themselves
sufficient to establish a comprehensive information security program. The
true test will be whether the VA can implement the policies over the
long-term. In related news, Sens. George Allen (R-VA) & Larry Craig
(R-ID) & Kay Bailey Hutchison (R-TX) introduced an amendment to the fiscal
2007 Defense Authorization bill S.2766 19 JUN that would require VA to
contract with a private sector firm to provide credit monitoring and
data theft protection services to veterans and armed service members.
[Source: GOVEXEC.com Daily Briefing 21 & 26 Jun 06 ++]
VA DATA PRIVACY BREACH UPDATE 16: Secretary of Veterans Affairs R.
James Nicholson announced 21 JUN that VA will provide one year of free
credit monitoring to people whose sensitive personal information may have
been stolen in the 3 MAY incident. The service will be offered to 17.5
million veterans only since the remainder of the 26.5 million are
deceased or did not have Social Security numbers or addresses compromised.
VA staff said sending the letters to 17.5 million veterans, once a
contractor is hired, would cost about $7 million, as that was the cost to
print and mail the initial letters to veterans confirming news reports of
the security breach. VA has conducted extensive market research on
available credit monitoring solutions, and has been working to determine
how VA can best serve those whose information was stolen. He noted that
free credit monitoring will help safeguard those who may be affected,
and will provide them with the peace of mind they deserve. The
Secretary said VA has no reason to believe the perpetrators who committed this
burglary were targeting the data, and Federal investigators believe
that it is unlikely that identity theft has resulted from the data theft.
This week, VA will solicit bids from qualified companies to provide a
comprehensive credit monitoring solution. VA will ask these companies
to provide expedited proposals and to be prepared to implement them
rapidly once they are under contract.
After VA hires a credit monitoring company, the Department will
send a detailed letter to all those whose sensitive personal information
may have been included in the stolen data. This letter will explain
credit monitoring and how eligible people can enroll or "opt-in" for the
services. Individual who choose to sign up for the credit monitoring
service, including the insurance, will not be asked or required to
relinquish any legal claim that he or she might have against VA in order to
receive the credit monitoring and insurance that VA will offer. The
Department expects to have the services in place and the letters mailed by
mid-August. He also announced VA is soliciting bids to hire a company
that provides data-breach analysis, which will look for possible misuse
of the stolen VA data. The analysis would help measure the risk of the
data loss, identify suspicious misuse of identity information and
expedite full assistance to affected people. As part of VA's efforts to
prevent such an incident from happening again, the Secretary previously
announced:
* A series of personnel changes in the Office of Policy and Planning,
where the breach occurred;
* The hiring of former Maricopa County (Ariz.) prosecutor Richard
Romley as a Special Advisor for Information Security;
* The expedited completion of Cyber Security Awareness Training and
Privacy Awareness Training for all VA employees;
* That an inventory be taken of all positions requiring access to
sensitive VA data by 30 JUN 06 to ensure that only those employees who need
such access to do their jobs have it;
* That every laptop in VA undergoes a security review to ensure that
all security and virus software is current, including the immediate
removal of any unauthorized information or software;
* That VA facilities across the country - every hospital,
Community-Based Outpatient Clinic (CBOC), regional office, national cemetery, field
office and VA's Central Office - observe Security Awareness Week
beginning June 26.
The VA has learned the hard way that the cost of not securing
sensitive personal information is clearly very high. It's not just in
terms of monetary costs, but reputation and the overall drag it has on the
confidence people and businesses have on the Internet, computers and
our digital society. Gartner, a security research firm, has estimated the
average cost of a data breach at $90 per person. You can encrypt
information far more cheaply than what is now under way at the VA. Avivah
Litan recently told the House Veterans Affairs Committee that a company's
cost to encrypt 10,000 accounts would be as little as $6 per customer.
Congress really has an opportunity now to put in a national standard
for securing personal information. They have been staring at several
bills for more than a year and the VA incident may be just the motivator to
put one in place. The bills include S. 1326, S. 1408, S. 1789, H.R.
3997, H.R. 4127 and H.R. 5318.
In the interim a class action lawsuit against the VA is blocking
the implementation of a security directive requiring review of all
agency laptop computers to ensure that virus software is updated and
appropriate encryption programs are installed. The temporary restraining order
from the Federal District Court of Eastern Kentucky issued 23 JUN as
part of the lawsuit prevents VA also bars the department from publicizing
its free credit-monitoring offer to veterans whose personal data was
stolen. [Source: VA News Release 21 Jun 06 ++]
VA DATA PRIVACY BREACH UPDATE 17: On 29 JUN it was announced that the
stolen laptop and external, hard drive containing personal data on 26.5
million vets had been recovered. A preliminary review of the equipment
by FBI computer forensic teams determined that the database remains
intact and has not been accessed since it was stolen. A thorough forensic
examination is underway, and the results will be shared as soon as
possible. House VA Committee Chairman Steve Buyer stated he has been made
aware of two other incidents of stolen VA data, one in Minneapolis in
2005 and one in May of this year in Indianapolis. During further
questioning from committee members later in the hearing, Nicholson revealed
that VA had compiled a ten page list of additional breeches of computer
data security. The acting top Democrat on the House Veterans' Affairs
Committee Rep. Bob Filner (D-CA) holding hearings on the theft said,
“From the start, the VA has acted as if the theft was a PR problem that had
to be managed, not fully confronted. They're trying to pin it on this
one guy, but I think it is other people we need to be looking at.” Now,
newly discovered documents show that the VA analyst blamed for losing
the laptop had received permission to work from home with data that
included millions of Social Security numbers and other personal information
on veterans and military personnel.
The department said last month it was in the process of firing
this data analyst, who is now challenging the dismissal. VA officials have
said the firing was justified because the analyst violated department
procedure by taking the data home. They also said he was grossly
negligent in handling sensitive information. However, the documents obtained
by The Associated Press show that the data analyst had approval as early
as 5 SEP 02 to use special software at home that was designed to
manipulate large amounts of data. A separate agreement, dated 5 FEB 02 from
the office of the assistant secretary for policy and planning, allowed
the worker to access Social Security numbers for millions of veterans. A
third document, also issued in 2002, gave the analyst permission to
take a laptop computer and accessories for work outside of the VA
building. One of the documents noted that this data was protected under the
Privacy Act. The analyst referred to is the lead programmer within the
Policy Analysis Service and as such needed access to real Social Security
numbers.
Rep. Filner noted that the employee had informed supervisors of
the theft immediately after the crime, while supervisors waited nearly
three weeks to inform the public on 22 MAY. VA Secretary Nicholson
himself was not informed until May 16. "The gross negligence in this case is
the people above him," said Filner. On 29 JUN the chief information
security officer for the VA Department Pedro Cadenas submitted his
resignation. Cadenas, who has been involved with the forensic investigation of
the data breach from the start, tried to resign two weeks ago but was
talked out of it at the time by the VA. Veterans groups and lawmakers
from both parties have criticized the VA for the theft and noted years of
warnings by auditors that information security was lax. Some veterans
also have filed suit in federal court, seeking $1,000 in damages -- or
up to $26.5 billion total -- for privacy violations. [Source: VVA
Government Relations Department 29 Jun 06 ++]
NDAA 2007 UPDATE 05: As the Senate began floor debate on the Defense
Authorization Bill in mid-JUN, the White House sent Senate leaders a
Statement of Administration Policy peppered with objections to benefit
fixes put in the bill by the Armed Services Committee. The June 14
statement applauded the Committee's action in supporting a 2.2%
across-the-board active duty pay raise (a half-percent less than the House-passed
2.7%). But it expressed disappointment and opposition to several
initiatives endorsed by the Committee, including:
* Barring most of the DoD-proposed TRICARE fee increases for retirees
under age 65. Not allowing these changes to proceed will result in at
least $735 million in unbudgeted costs in FY 2007, and $11.2 billion from
FY 2007 through FY 2011.
* Capping premium increases for Selected Reserve health coverage at the
same percentage as the military pay raise;
* Repealing the requirement to deduct VA survivor benefits from
Survivor Benefit Plan annuities when the member's death was caused by military
service. DoD estimates that eliminating the SBP offset for all widows
entitled to DIC would cost the Military Retirement Fund between $6 and
$8 billion over 10 years. This is strongly opposed because the
administration rationalizes the current offset approved by Congress avoids
duplication of two fully funded Federal Government benefits and is
consistent with benefits provided in the private sector. The current
compensation package for survivors—which includes SBP, DIC, an enhanced death
gratuity, and increased life insurance benefits—provides a reasonable level
of income.
* Increasing minimum manpower levels for the Army and Marine Corps.
On the positive side the letter also expressed concern that the
Armed Services Committee neglected to adopt a Pentagon recommendation to
prohibit courts from forcing divorced servicemembers to pay their
former spouses a share of their theoretical retired pay while still on
active duty -- before they actually retire from service. Congress should
clarify the law to protect such members, many of whom are, in effect,
blocked by the courts from serving beyond the 20-year point. You can view
the full text of the Administration statement at
www.whitehouse.gov/omb/legislative/sap/109-2/s2766sap-s.pdf. [Source: MOAA Leg Up 16 Jun 06
++]
NDAA 2007 UPDATE 06: When the Senate’s version of the FY2007 Defense
Authorization Bill (S. 2766) came to the floor for debate they quickly
adopted several groups of amendments that Senate leaders had agreed to
approve without debate. A number of them involve huge issues for many of
the military community. Some selected highlights of the amendments
adopted which now are included in the Senate’s version of the NDAA are:
* Concurrent Receipt: Sen. Harry Reid’s (D-NV) amendment would
implement full concurrent receipt for the 20,000 retirees deemed 100%
disabled with IU, retroactive to 1 JAN 05. Another amendment addressing
concurrent receipt for retirees retired with less than 20 years service was
not approved.
* Guard/Reserve Retirement Age: Sen. Saxby Chambliss’s (R-GA)
amendment would reduce the normal age-60 requirement by three months for each
90 days mobilized since 9/11.
* Guard/Reserve GI Bill: Sen. Blanche Lincoln’s (D-AR) amendment
would allow Guard/Reserve members to use their mobilization GI Bill
benefits for up to 10 years after leaving Selected Reserve status.
* Abusive Lending Practices: Sen. James Talent's (R-MO) amendment
would significantly tighten laws governing so-called "payday lenders," who
now entice servicemembers into loan schemes involving 300-400% interest
rates.
* SSAN on ID Cards: Sen. Kay Bailey Hutchison's (R-TX) amendment
would require a Pentagon report on the feasibility of removing Social
Security account numbers from military ID cards.
* Family Assistance Program: Sen. Wayne Allard's (R-CO) amendment
would authorize $5 million for a new program to coordinate assistance for
military families at selected sites around the country.
* Survivor Benefit Plan (SBP): Sen. Mike DeWine's (R-OH) amendment
would expand eligibility of survivors (whose sponsors died in active
service after Oct. 1, 2001) to transfer SBP eligibility to children, if
any.
* Guard/Reserve Transition Assistance: Sen. Hillary Clinton’s (D-NY)
amendment would establish various requirements to assist Guard and
Reserve members who served in Iraq or Afghanistan in successfully
transitioning to civilian employment, with particular emphasis on those who
suffered traumatic injuries.
[Source: MOAA Leg Up 23 Jun 06 ++]
NDAA 2007 UPDATE 07: Now that both the House and Senate have passed
their respective versions of the FY2007 Defense Authorization Bills early
in the year, the two chambers’ leaders can start negotiating to resolve
their differences to come up with a final, compromise defense
authorization act. Last year, when the Senate started so far behind the power
curve, many issues got dropped in final negotiations (at least in part)
because the legislators just ran out of time at the end of the year. An
early start on negotiations doesn't necessarily mean House and Senate
leaders will reach a deal before the 1 OCT start of the new fiscal year.
In four of the last six years, the defense bill didn't get finished
until December. In the other two years, it was 24 NOV and 28 OCT. So
chances are we won't have final decisions on the issues for many months.
But an earlier start this (election) year means that, just maybe,
there’s a shot at more timely action.
In the interim Congress has moved on to other issues before their
AUG recess. Both the House and the Senate failed to include anything
on the following:
- 188,000 Chapter 61 medical disability retired military career
veterans with less than 20 years who fund their disabilities pay with their
earned longevity for retirement.
- 375,000 retired military career veterans with less than 50%
disability who continue to fund their disabilities with their earned retirement
pay.
When congress returns from recess the following key issues will have to
be resolved before the bills can be returned to their respective floors
for a final approval vote:
- Concurrent receipt: The only issue still left on the table this year
is the Senate provision recommending full payment, retroactive to 1 JAN
05 for the 20,000 disabled retirees designated by the VA as
unemployable. There’s nothing on this in the House bill.
- Paid-Up SBP: The Senate defense bill would implement 30-year paid-up
SBP as of 1 OCT 06 (rather than waiting until 2008 under current law)
for the 275,000 retired military career veterans who have aged at least
70 years and who have made at least 30 years of SBP premium payments.
There’s nothing in the House bill on this.
- SBP/DIC Offset: The Senate defense bill would end the deduction of
the VA's Dependency and Indemnity Compensation (DIC) from SBP for 55,000
widows when the member's death was caused by service. There's no such
provision in the House bill.
- Guard/Reserve TRICARE Coverage: The House bill would provide all
members and families of the Selected Reserve the same option for TRICARE
coverage, and get rid of the higher premium requirements for members who
haven't been mobilized since 9/11. The Senate bill would make only a
minor tweak to the current three-level premium system, which is too
expensive for most members who haven't been mobilized.
- Guard/Reserve Retirement Age: The Senate plan would reduce the
retirement age by 3 months for each 90 days mobilized since 9/11, but
there's nothing on this in the House bill.
- Guard/Reserve GI Bill: The Senate bill would authorize portability
of educational benefits earned on active duty, but the House does not
address the issue.
Here is a list of 24 designated Senate conference committee members for
anyone wanting to voice their concerns with them on issues that are now
on the table to be resolved. House list not yet available: Warner;
McCain; Inhofe; Roberts; Sessions; Collins; Ensign; Talent; Chambliss;
Graham; Dole; Cornyn; Thune; Levin; Kennedy; Byrd; Lieberman; Reed; Akaka;
Nelson FL; Nelson NE; Dayton; Bayh; & Clinton.
[Source: MOAA Leg Up 23 Jun 06 ++]
ARMY ENLISTMENT AGE UPDATE 01: The U.S. Army announced that it has
raised the maximum enlistment age for both the active Army and Army
Reserve from 40 to 42. This change was made possible under provisions of the
Fiscal Year 2006 National Defense Authorization Act. The Army raised
the active duty age limit to 40 in January as an interim step while it
worked out the additional medical screening requirements for recruits
age 40 to 42. Prior to January, an applicant could not have reached his
or her 35th birthday. The Army Reserve age limit was raised from 35 to
40 in March 2005. More than 1,000 individuals over age 35 have
enlisted in the Army and Army Reserve since the age limits were raised.
Raising the maximum age for Army enlistment expands the recruiting
pool, provides motivated individuals an opportunity to serve, and
strengthens the readiness of Army units. All applicants must meet
eligibility standards, to include passing the same physical standards and
medical examination, however those 40 to 42 will be given additional medical
screening. The program applies to both men and women. Older applicants
are eligible for the same enlistment bonuses and other incentives
available to younger applicants. Experience has shown that older recruits
who can meet the physical demands of military service generally make
excellent Soldiers based on their maturity, motivation, loyalty, and
patriotism. U.S. Army Recruiting Command has achieved its active Army
enlistment goals for the past 12 calendar months, and is ahead of its
year-to-date goals for the Army Reserve. To learn more about active Army and
Army Reserve opportunities, contact your local Army recruiter. [Source:
Army News Service Jun 06]
PHONY WAR HEROES: The FBI is cracking down on phony war heroes, who
often obtain medals and wear them at public events. This year, federal
agents have launched a dozen investigations against people allegedly
masquerading as decorated veterans. At that pace, the FBI would open about
twice as many cases as it did last year. The cases are sometimes
difficult to prosecute because the phony heroes have to be caught wearing the
medal. Also, Unauthorized Wearing of Military Medals and Decorations is
classified as a misdemeanor with a small penalty. Of the 58 cases that
were opened by the FBI in the past six years, 20 are pending. Of the
other 38, almost 60% ended in convictions.
Support in Congress is growing for the "Stolen Valor Act," which
would stiffen penalties for falsely claiming to have received any medal.
Since it was introduced last year, the number of co-sponsors has
doubled. Senate bill S.1998 currently has 26 sponsors and House bill
H.R.3352 has 101. The bills would make it a crime to merely claim the medal
was earned. It would also increase punishment. Today, only those who
fraudulently wear Medals of Honor face up to a year in jail and a $100,000
fine. The bill would increase penalties for wearing other medals to the
same level. Offenders are people who buy Purple Hearts, Bronze Stars
or even Medals of Honor on the Internet or at flea markets and play the
role of war hero at military funerals, banquets and benefits. FBI
Special Agent Thomas Cottone, a violent crimes investigator who took on
phony war hero cases as a personal crusade 10 years ago said, "They do it
for the attention. They want to get noticed … these people, by wearing
those medals, are literally stealing the valor and recognition of those
who legitimately did the act. And this is absolutely disgraceful." The
most recent conviction was Theodore Bantis age 59 of Dunlap IL. He pled
guilty 20 JUN 06 to posing as a Marine Corps officer who had won the
Navy Cross, the second-highest Marine valor award. He admitted he never
served in the military. [Source: USA TODAY Gregg Zoroya article 21 Jun
06 ++]
VA GRAVESITE LOCATOR UPDATE 02: The grave locations of more than three
million veterans and dependents buried in national cemeteries can be
found more easily now because the Department of Veterans Affairs has
added maps of burial sections online that can be printed from home
computers and at national cemetery kiosks. The latest improvement builds upon a
service begun two years ago, in which a VA online feature permits
family members to find the cemetery in which their loved one is buried.
This new map feature makes it easier for families, friends and researchers
to find the exact location of a veteran’s grave in all national
cemeteries and some state veterans cemeteries. The gravesite locator
http://gravelocator.cem.va.gov finds the cemeteries where veterans are
buried. With the new online feature, people enter a veteran’s name to
search, click on the “Buried At” (burial location) link and a map of
the national cemetery is displayed, showing the section where the grave
is located. In a related development, VA recently added to its database
the cemeteries in which 1.9 million veterans were buried with VA grave
markers. These are mostly private cemeteries.
This addition brings the number of graves recorded in the locator
to approximately five million. Those with maps are in VA national
cemeteries and in state veterans cemeteries and Arlington National Cemetery
if burials were since 1999. Beyond the five million records now
available, VA continues to add approximately 1,000 new records to the database
each day. VA also plans to add to its online database the exact
locations of veterans’ gravesites in the remaining state veterans’
cemeteries. In the midst of the largest cemetery expansion since the Civil War,
VA operates 123 national cemeteries in 39 states and Puerto Rico and 33
soldiers’ lots and monument sites. More than three million Americans,
including veterans of every war and conflict from the Revolutionary War
to the Global War on Terror are buried in VA’s national cemeteries on
more than 16,000 acres of land.
Veterans with a discharge other than dishonorable, their spouses,
and eligible dependent children may be buried in a national cemetery.
Other burial benefits include a burial flag, Presidential Memorial
Certificate, and a government headstone or marker regardless of where they
are buried. Information on VA burial benefits can be obtained from
national cemetery offices, from the Internet at www.cem.va.gov or by
calling VA regional offices at 1(800) 827-1000. Anyone wishing to receive
e-mail from VA with the latest news releases and updated fact sheets can
subscribe to the VA Office of Public Affairs Distribution List at
www1.va.gov/opa/pressrel/opa_listserv.asp. [Source: VA Press Release
20 Jan 06]
TRICARE DATA BREACH (TRIWEST) UPDATE 01: On 14 DEC 02 TriWest
experienced a theft similar to the recent VA incident. This should not be
confused with the incident from the recent disclosure that hackers stole
personal data from a Tricare Management Activity server containing
information on more than 14,000 participants of a Tricare Healthcare Fraud
Conference AUG 01 in San Diego. Following is a summary of the actions and
activities related to the TriWest theft -
The DCIS investigation into the 14 DEC 02 theft of hard drives
from its corporate facilities in Phoenix containing the personal
information of 550,000 Tricare beneficiaries to date has not identified the
perpetrators or their motives. Nor has a report of the outcome of the
investigation been made available to TriWest or the public. What DCIS has
released is that there have been no confirmed instances of anyone’s
personal information being misused as a result of the theft. The possibility
that information could be misused was the motivator behind TriWest’s
prompt action to inform customers about the fact that their personal
information had been compromised as a result of the theft and to educate
them about the steps they needed to take to protect themselves. On
learning of the nature of the theft, the company began coordinating with the
DoD, and state, local and federal authorities, in an attempt to
identify the perpetrators and protect its customers. Once a list of affected
individuals was compiled from backup tapes, TriWest began working with
the leadership of the DoD and the Military Health System to create and
implement an integrated comprehensive communication and outreach plan.
The plan employed a three-prong approach:
- First, it began with TriWest contacting the media to broadcast the
theft and stress the need for individuals to protect themselves.
- Second, DoD working through military commands, disseminated
information to every installation, worldwide.
- Third, the communication plan included a letter campaign that
contacted every beneficiary affected by the theft, and included information on
steps they could take to protect themselves against misuse of their
personal information.
TMA recently completed a review of the security procedures
implemented by TriWest as part of the DoD Information Technology Security
Certification and Accreditation Process (DITSCAP). The report can be
accessed through the TMA security officials. TriWest’s position is that any
organizational leader, be they in the public or private sector, whose
organization suffers the theft of customers’ personal information has an
absolute obligation to take reasonable measures to inform those
customers of such an event and help them understand what they can do to
protect themselves against the misuse of that information. In the months
after the theft, TriWest’s leadership did this and vigorously advocated
tougher legislation to combat identify theft. In early JUN 06 the
Secretary of the Veterans Administration and the House Committee on Veterans
Affairs both asked TriWest President and CEO to advise them about how
they should respond to the recent theft of information potentially
impacting 26.5 million veterans. At present he is lending TriWest's
experience to the VAD in hopes that it will assist in guiding the steps that
might be taken to successfully protect the veterans whose information
has been put at risk as a result of the theft. [Source:
Michelle Harris, PAO, TMA Communications response to the MRGRG Tricare
BAP representative inquiry Jun 06 ++]
DACMC UPDATE 02: The Defense Advisory Committee on Military
Compensation after spending the past year studying the military compensation
system is recommending sweeping changes that, if approved, would bring
military compensation more on par with private-sector compensation. The
proposed package includes two major ideas. These include revamping the
retirement system so servicemembers receive more pay throughout their
careers rather than at their completion, and basing pay on performance
rather than longevity and other factors. Their final report titled,
"Completing the Transition to an All-Volunteer Force: Report of the Defense
Advisory Committee on Military Compensation," which can be found at
www.dod.mil/prhome/docs/dacmc_finalreport.pdf. These findings and
recommendations will be analyzed as part of the10th Quadrennial Review of
Military Compensation, which was chartered on 2 AUG 05, to review of the
principles and concepts of the compensation system. [Source: DoD News 8
Jun 06]
MILITARY DISCOUNTS: To honor America's military, Lowe's is offering
all active duty personnel, reservists, retired military, veterans and
their immediate family members a 10% discount on in-store purchases made
during the Independence Day holiday. The discount is available 29 JUN &
4 JUL 06 on all in-stock purchases up to $5,000. Excluded are special
order sales, online sales, previous sales, installation fees, purchases
of gift cards, Fisher & Paykel appliances, Dyson vacuums, John Deere
products, and Krups small appliances. To obtain the discount, show valid
military identification or discharge papers.
The Home Depot is offering all active duty personnel, reservists,
retired military, veterans and their families a 10% discount off their
purchases in honor of Independence Day. The offer is valid on purchases
of up to $2,000 for a maximum of $200 discount between 29 JUN & 4 JUL
06 at all Home Depot stores, Home Depot Floor Store locations, Home
Depot Landscape Supply stores and EXPO Design Center locations. To
qualify, individuals must present proof of military service to the Special
Services desk at any store where they will receive a coupon that is
redeemable at any cashier's checkout register. Discount coupons are valid on
a single receipt, in-store purchase only. Details and exceptions are
printed on the coupon. [Source: NAUS Update 30 Jun 06 ++]
FLAG LEGISLATION: With a count of 66 ayes and 34 nays, the proposed
amendment to the NDAA by Sen. Orrin Hatch, R-Utah, to authorize Congress
to legislate against desecrating the U.S. flag failed to meet the
required two-thirds vote. To find out how your senator voted on the Flag
amendment refer to
www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00189. The amendment would
have read, “The Congress shall have power to prohibit the physical
desecration of the flag of the United States.” The vote on June 27 was the
closest to passage in four Senate votes since the Supreme Court ruled
in 1989 that flag burning was a form of speech protected by the First
Amendment. The house passes such legislation almost annually and did so
last year by 286-130. If the amendment had been approved by the Senate,
it would have required ratification by at least 38 states within seven
years in order to become the Constitution’s 28th amendment. Supporters
say that more than 38 states already have endorsed an amendment. On the
positive side the House of Representatives on 27 JUN passed
Representative Roscoe Bartlett’s HR42 denying the power of Home Owners
Associations and Condominiums’ and Cooperatives’ Boards of Directors from barring
the flying of the American flag on individuals residential property.
The bill has been referred to the U.S. Senate and is awaiting action.
[Source: TREA Leg Up 30 Jun 06 ++]
VA AFGE SUIT: A union representing doctors and dentists in the
Veterans Affairs Department is considering legal action after the agency
refused to release data used to set their pay. In APR 06 the Veterans
Health Administration denied a January Freedom of Information Act request
from the largest federal employee union, the American Federation of
Government Employees (AFGE). The union wants to see the market surveys the
agency is using to set new pay ranges for medical workers covered under
a 2004 law that removed them from the General Schedule, which is the
standard pay system for federal employees. VHA officials initially said
they could not release the market surveys, which were purchased from
four survey companies and used to set national base pay, because of
copyright restrictions, but an appeal from AFGE is still under consideration
in the general counsel's office. The survey companies are being
contacted and given a chance to object to the information's disclosure.
Congress changed the rules for paying VA doctors and dentists to attract and
retain more of the high-demand employees. The new system includes
local, market-sensitive pay and performance components in addition to base
salary. Performance standards have not been put into place yet, but
local market decisions are in the process of being finalized. AFGE
legislative representative Marilyn Park said secrecy over the surveys, and how
they would be used in each location, is disturbing. VHA has not
included AFGE in the decision-making process. [Source: GOVEXEC.com Daily
Briefing 27 Jun 06]
TRICARE UNIFORM FORMULARY UPDATE 12: Four classes of drugs reviewed by
Tricare have one or more drugs moving to the non-formulary beginning
late June through the end of July. These classes include
Gamma-aminobutyric (GABA) - Analog Agents, Antidepressants, Overactive Bladder Agents,
and Antihypertensive Agents.
Gamma-aminobutyric (GABA) - Analog Agents
Formulary First-Tier: Gabapentin generic only
Formulary Second-Tier: Gabitril
Non-Formulary: Lyrica (effective June 28, 2006)
Antidepressants
Formulary First-Tier: Buproprin, Buproprin SR, Citalopram, Fluoxetine,
Fluvoxamine, Mirtazapine, Nefazadone, Paroxetine, and Trazadone
Formulary Second-Tier: Effexor, Effexor XR, Pexeva, and Zoloft
Non-Formulary: Cymbalta, Lexapro, Paxil CR, Prozac Weekly, Sarafem,
Wellbutrin XL (effective July 19, 2006)
Overactive Bladder Agents
Formulary First-Tier: Oxybutin generic only
Formulary Second-Tier: Detrol LA, Ditropan XL, Enablex Sanctura,
Vesicare
Non-Formulary: Detrol, Oxytrol, Sanctura (effective July 26, 2006)
Antihypertensive Agents
Formulary First-Tier: Clonidine/chlorthalidone generic only, Clonidine
generic only, Guanabenz generic only, Gunnadrel generic only,
Guanethidine generic only, Guanfacine generic only, Hydralazine generic only,
Hydralazine/HCTZ generic only, Methyldopa generic only, Metyrosine
generic only, Minoxidil generic only, Reserpine generic only
Formulary Second-Tier: Catapres TTS, Inversine, Lotrel, Minizide
Non-Formulary: Lexxel, Tarka (effective July 26, 2006)
Beneficiaries currently on non-formulary (third-tier) medications may
consult their health care providers about changing to a first ($3) or
second-tier ($9) alternative or ask their provider if establishing
medical necessity for the non-formulary (third-tier) medication is
appropriate for them. If medical necessity for a non-formulary (i.e. third-tier)
$22 medication can be established, co payments revert to second-tier
price of $9. Non-formulary (third-tier) medications will NOT be available
at military treatment facility (MTF) pharmacies unless medical
necessity has been established and an MTF provider writes the prescription. Not
all first-tier and second-tier medications are available at MTF
Pharmacies. For more information on Tricare pharmacy programs refer to:
www.tricare.osd.mil/pharmacy. For more information regarding the Tricare
Drug Formulary refer to
www.moaa.org/controller.asp?pagename=serv_healthcare_drug_formulary. [Source: MOAA News Exchange 21 Jun 06]
NAVY PERSONAL DATA BREACH: U.S. Navy officials discovered 22 JUN 06
that personal information on nearly 28,000 sailors and family members was
compromised when it appeared on a civilian website, fueling more
concerns about the security of sensitive information belonging to federal
employees.
Five spreadsheet files of data - including names, birth dates and
Social Security numbers of sailors and their relatives were found exposed on
a website. The initial discovery was made by the Navy Cyber Defense
Operations Command, which routinely monitors the Internet for such
problems. Lt. Justin Cole, a spokesman for the chief of naval personnel, said
the material was removed from the website within two hours and that
there was no indication it was being used for illegal purposes.
Officials are unsure how the information ended up on an insecure
Website, and the Naval Criminal Investigative Service is looking into
whether the person who posted it was supposed to have access to the data.
It is possible the information was posted inadvertently. Navy spokesman
declined to identify the web site because of an ongoing investigation.
But he said it was not a web log or site operated by an individual.
The Navy plans to contact the people affected and urge them to closely
monitor bank and credit card accounts for fraudulent activity. Sailors
may contact the Navy Personnel Command call center (866) 827-5672.to
determine whether their names were on the compromised list. There has
been no decision made yet on whether the Navy will pay for credit
monitoring. Information on how to watch for suspicious activity can be found
at the Navy Personnel Command's Web site, www.npc.navy.mil.
The potential security breach is one of several losses of
important personal data reported in Washington, D.C. in recent weeks, part of
an unusual string of thefts and Internet hacks that have compromised
information belonging to millions of federal workers. In addition to the
latest Navy incident and the theft of a laptop containing personal data
on 26.5 million veterans, five other agencies and the Washington, D.C.,
city government have reported similar problems since the beginning of
May 06.
- The Government Accountability Office (GAO) said it removed from its
website archival records with names and Social Security numbers on fewer
than 1,000 government workers.
- The Agriculture Department (USDA) reported that data on as many as
26,000 employees had been compromised by a hacker.
- A laptop containing data on 13,000 Washington, D.C., workers and
retirees was stolen last week.
- Internal Revenue Service (IRS) officials said a laptop containing
names, Social Security numbers and fingerprints of 291 employees and
applications computer was lost during transit on an airline flight in the
western United States last May.
- Federal Trade Commission (FTC) reported two of its laptops were
stolen from a car. The laptops contained personal information on 110
people gathered in law enforcement investigations and included,
variously, names, addresses, Social Security numbers, dates of birth, and in
some instances, financial account numbers.
In a letter Friday to Defense Secretary Donald Rumsfeld, one member of
Congress asked for details on the Navy incident and questioned whether
the Defense Department will make sure free credit help is provided for
people affected. Rep. Edward Markey (D-MA) said he had asked Rumsfeld
two years ago about the implications of federal agencies outsourcing
data collection and processing activities. While there is no indication
that outsourcing was the problem in the Navy case, Markey said he wants
to know what effect that would have on the security of information on
military personnel.
The VA incident and the subsequent fallout over its delayed
reporting to Congress have made other government departments more prone to
report them. On 9 JUN the Energy Department (DOE) reported to Congress
that in JUN 04 a hacker accessed personnel records for 1,500 employees at
the National Nuclear Security Administration (NNSA). Only now have they
started notifying affected employees. The big question is how many of
us have been exposed to identity theft through unreported data breaches
of other government agencies. President Bush in May ordered the
creation of an Identity Theft Task Force to increase efforts to find and
prosecute offenders, improve public outreach and boost safeguards over
personal data held by federal agencies. The members of the group, which will
be chaired by Attorney General Alberto Gonzales and include the
secretaries of Treasury, Commerce, Health and Human Services, Veterans Affairs
and Homeland Security, have 180 days to prepare a strategic plan to
improve the effectiveness and efficiency of the federal government's
activities in the areas of identity theft awareness, prevention, detection,
and prosecution. [Source: Washington AP 23 Jun 06 ++]
AF RETIREE COUNCIL: The Air Force Retiree Council meets once a year
and can be reached at HQ AFPC/CCU, 550 C Street West, Suite 11, Randolph
AFB TX 78150-4713 year round. After each meeting they recommend actions
on retiree matters directly to the USAF/CC. The Council consists of a
minimum of 16 centrally selected Air Force retiree volunteers from
geographic areas that span the globe. They normally serve a four year term
and serve as the Air Force Chief of Staff’s personal liaison with the
Air Force retiree community. Members help the Air Force improve the
Retiree Activities Program by keeping abreast of programs and policies
that affect the retiree community and informing retirees of same. In
accomplishing this they determine independently and/or solicit topics
suitable for Retiree Council consideration. When a vacancy occurs Air Force
retirees who wish to self nominate can submit an application to the
commander of the nearest Air Force installation in the vacancy area
The Council met 9 to 12 MAY 06 and reviewed 35 issues submitted
from the retiree community. These will be forwarded to the appropriate
Air Staff or outside agency for their information and/or action. They
have requested that the entire retiree community lend support to the
following three:
1. Health Care Cost-Shifting to Military Beneficiaries. The Defense
budget submission for FY 2007 proposes to precipitously increase health
costs for beneficiaries over three years, beginning 1 OCT 06:
RECOMMENDATION: The AF Retiree Council recognizes the need for adjusting fees
annually based on the Consumer Price Index, but seeks to maintain current
health benefits without precipitous rate increases and creating
class-differences among beneficiaries (officer or enlisted).
2. Military Postal Support for Retirees Overseas. DoD limits military
postal system privileges for retirees residing overseas to mail weighing
less than 16 ounces. While the 16-ounce limit has always impacted the
well being of retirees overseas, in this age of increasing
use/dependence on internet purchases and subsequent mail delivery for countless
“everyday” items, the limitation now increasingly affects the day-to-day
quality of life of the retiree overseas. RECOMMENDATION: The AF Retiree
Council, in conjunction with the Chief of Staff of the Army’s Retiree
Council, supports raising the weight limit to five pounds for mail
sent/received by retirees overseas through the military postal system.
3. Loss of Contact with Retirees: The DoD has until 15 SEP 07 to begin
closing and realigning more than 800 installations identified in the
2005 Base Realignment and Closure Commission (BRAC). The process must be
completed by 15 SEP 11. Four previous BRAC rounds – in 1988, 1991, 1993
and 1995 --resulted in 97 major closures, 55 major realignments and 235
minor actions. With each of these closures, more retirees and
annuitants lose contact with military installations and the benefits and
services they offer. These include, health care, exchanges, commissaries, ID
card renewals, Retiree Activities Offices, etc. This void is further
compounded by the loss of communication, i.e., newsletters, base
newspapers, Open Houses, Retiree Days, etc. Example: Driving north from the
nation’s capital to the Canadian border, there are three active Air
Force bases -- Dover, McGuire and Hanscom AFBs. There are none in seven
northeastern states. Similar voids are found across the northern plains.
There are more than 760,000 Air Force retirees and annuitants. Most
have direct deposits of their monthly checks, offering but 1-2
computer-generated “informational” letters annually. Probably fewer than half of
the retirees receive at least one RAO newsletter each year. The
strongest link is The Afterburner and its continuation by mail is shaky after
2006. The Air Force has an interest in maintaining contact with its
retiree community with information on matters pertaining to their
lifestyle and heritage. Additional means of expanding channels of
communication need to be explored. The Retiree Activities Offices should be in the
forefront of any such planning. RECOMMENDATION: While costs continue
to decrease as more retirees move toward electronic communication, the
AF Retiree Council supports an Air Force commitment to maintaining
non-electronic communication for those retirees without computer access.
[Source: AF136-1306 30 Jul 04 & Council Report 14 Jun 06 ++]
ID CARD NUMBERS UPDATE 01: Saying the federal government must be
pro-active when it comes to protecting military members from identity theft,
Sen. Kay Bailey Hutchison (R-TX) convinced the Senate in Late JUN to
press the Defense Department to stop putting Social Security numbers on
military identification cards. Hutchison’s plan, approved by voice vote
as an amendment to the 2007 defense authorization bill, does not force
any immediate change. Instead, it requires a report from the Pentagon
explaining what it would take to remove Social Security numbers and how
quickly this could be done. This makes the Senate bill similar to the
House version of the defense measure, which also asks for a study on why
Social Security numbers remain on ID cards without demanding removal of
the number, which is a crucial piece of information for someone trying
to illegally steal an identity. The feasibility study proposed has a
reasonable finish date of six months from enactment, and would give DoD
ample time to study this issue and find a self-imposed solution.
Hutchison pointed out that when the Department of Defense began
using Social Security numbers on identification cards in 1967, identity
theft was not a problem most Americans were worried about. Electronic
transactions were, for the most part, nonexistent and we did not have
the kind of access to personal records that we have today. By simply
gaining access to someone’s Social Security number, a malicious person
could attempt to open a line of credit, obtain a false driver’s license or
completely steal another person’s identity. It should not be hard to
accomplish. Social Security numbers are not included on driver’s license
or passports. Colleges and universities are using generic numbers for
student identification rather than Social Security numbers. It is time
DoD provides this important safeguard to our military community.
Defense officials have indicated they plan to drop the Social Security number
from ID cards but have not said when this might happen. [Source: Navy
Times Rick Maze article 26 Jun 06 ++]
COLA 2007 UPDATE 03: In mid-June, the Bureau of Labor Statistics
announced the May 2006 monthly Consumer Price Index (CPI), which is used to
calculate the annual cost-of-living adjustment (COLA) for military
retired pay, VA disability compensation, survivor annuities, and Social
Security.
The CPI continued its upward trend, rising 0.5% in May for a total of
2.9% growth so far this fiscal year. A 2.5% increase in energy costs
played a key roll in the jump. Last year, the CPI had risen 2.7% through
the month of May and ended the year at 4.1%. With inflation running
only slightly ahead of last year's pace so far, it would seem likely that
we'll end this year in the same 4% ballpark. But there's plenty of CPI
roller-coaster left to navigate in the next four months, and that
outlook could change in a hurry.Month-by-month figures and historical
inflation data are available at
www.moaa.org/lac/lac_issues_list/lac_issues_fully_retired/lac_issues_second_career_cola.htm. [Source: MOAA Leg Up
23 Jun 06 ++]
VA PHISHING ALERT: Recently the National Association of County
Veterans Service Officers (NACVSO) whose membership covers over 1000 counties
nationwide distributed a copy of a VA Phishing alert to all of its
members. The alert, issued by the Chief Network Security & Support Section
of the Hines Information Technology Center, is applicable to all
veterans with internet access. Their report indicates that the Philadelphia
VA’s Network Support Staff is seeing increasing reports of veterans
receiving email from the address abuse@vba.va.gov which asks them to check
an account by clicking on a link provided in the email. This email is a
phishing scam, an attempt to gain personal information. The email
address abuse@vba.va.gov is fake and the link in the email is to a web site
in Asia. Recipients of this email are warned not to open the website
link provided and to delete the email. This is just one in a series of
ongoing attempts to use the VA as a medium for harassing or stealing from
veterans. Similar past attempts include:
- VA look-a-like website “Veterans Affairs Services” www.vaservices.org
gathering personal information on veterans.
- Company called "Patient Care Group" asking for credit card numbers to
verify VA patient’s prescription orders
- Offering lump sum payment in exchange for vets future
disability/pension checks.
- Falsely reporting Congress authorizing a bill to pay dividends based
upon veterans prior years of service
To report suspected fraud, waste or abuse in VA programs or operations
refer to www.va.gov/oig/hotline/hotline.htm. To learn more about how to
avoid being taken advantage by this or any other scams visit the
Federal Trade Commission’s Identity Theft website www.consumer.gov/idtheft.
Here you can:
- Learn what steps you need to take to avoid being victimized.
- Learn the immediate steps to take if victimized.
- Learn how to deal with specific problems the theft has caused.
- Determine when and how to file a complaint with the FTC.
- Locate additional resources/agencies to assist you in your problem.
[Source: Linda Kintz, CISSP VBA SIO & NSC Coordinator NACVSO Notice Jun
06 ++]
TRICARE USER FEES UPDATE 14: In spite of congressional opposition and
an outcry from retirees the Pentagon’s top health affairs official Dr.
William Winkenwerder Jr., assistant secretary of defense for health
affairs, continues to insist that increasing health care fees for more
than 3 million working-age military retirees and their family members is
the only way to stabilize the rising costs of the military health care
system. He told Air Force Times editors and reporters in a 12 JUN
meeting that the phased changes, when put in context with annual increases in
military retired pay, would not be as painful as they have been
portrayed by some. He contends that when Tricare was created in 1995, the
program had a built-in expectation that beneficiary costs would be adjusted
incrementally over time. That did not happen, partly because the
military’s overall health care costs rose relatively modestly in the late
1990s. But costs rapidly changed with the 2001 introduction of Tricare
for Life, the program for military retirees and family members age 65 and
older. Since then, the Pentagon’s total health care budget has roughly
doubled, to $38 billion this year, and at current rates would hit $65
billion by 2015. The point that’s been lost in the debate is that
retiree pay increases each year with COLA. As it goes up it will more than
cover any increased health care contribution..
Some critics of the Pentagon proposal said such comparisons are
flawed, because annual increases in retired pay are designed only to
roughly keep pace with inflation. Annual retired pay increases that are
reduced by new health care fees do not translate into real pay increases.
Retired pay and retiree health care are not two separate things. It is
devaluing the benefit if retired pay only keeps up with cost-of-living
increases and doesn’t take health care into account. Data provided by
the Pentagon show that a large chunk of projected increases in retired
pay would be eaten up by proposed Tricare fee hikes in the first two
years of the plan:
- Officers who retired 10 years ago and now have their families
enrolled in Tricare Prime, for example, are drawing an average of $3,511 in
monthly retired pay this year. With current inflation trends, that would
rise to $3,606 next year, an increase of $95 per month. Under the
Pentagon plan, their monthly health care premiums would jump from $38 this
year to $83 next year, eating up nearly half of their monthly retired
pay increase.
- E-7s and above who retired 10 years ago and now have their families
enrolled in Tricare Standard draw an average of $1,702 in monthly
retired pay, which is projected to rise to $1,748 next year. Tricare
Standard currently has no monthly premiums. Under the Pentagon plan, retired
E-7s and above would pay $17 per month in premiums next year — erasing
about 37 percent of their monthly gain in retired pay.
Heavy and steady criticism of the Pentagon plan has led the House and
Senate Armed Services committees to put on the brakes. Both have placed
one-year moratoriums on any hikes in co-payments, deductibles and
enrollment fees for Tricare Standard and Tricare Prime. But Winkenwerder
said some form of cost increase is inevitable if the quality of the health
care benefit is to be sustained. One feature of the Pentagon plan that
has rankled many retirees is that much of the projected savings would
come not from increased fees but from the expectation that large numbers
of retirees would opt out of Tricare altogether and use the health
insurance provided by their second-career employers. Most of their plan was
based on the idea that if we make it expensive enough, then the
retirees who have other insurance available to them will take it. Currently
two bills have been introduced in the House and Senate that address this
issue. H.R.4949 with 158 sponsors which would amend title 10, United
States Code, to prohibit increases in fees for military health care and
S.2617 which would amend title 10, United States Code, to limit
increases in the costs to retired members of the Armed Forces of health care
services under the TRICARE program. [Source: Air Force Times 26 Jun 06
++]
GOVERNMENT PERSONAL DATA PROTECTION: A former White House
cyber-security adviser to President Bush and former President Clinton has offered a
prescription to federal agencies and companies searching for ways to
prevent security breaches. Richard Clarke said during a speech 20 JUN to
government officials and companies that the security breaches at the
Energy and Veterans Affairs departments and Internal Revenue Service show
a crisis in data security. He sympathized with the VA employee who
wanted to work extra from home and questioned if the fault was with the
employee or his department which was negligent were for not putting in
place a system to protect the data. He pointed out that there are
available relatively cheap, relatively easy, relatively user friendly
technologies today that can solve so many of these problems and offered a
four-step plan to solve the typical problems:
1. The ability to remotely tell a laptop to stop working would solve
the problem of stolen laptops. These devices essentially would telephone
home when such laptops connect to the Internet and then get a command
to stop working.
2. With sensitive data like e-mail, whole disks or data at rest should
be encrypted.
3. Cards to allow network access should be issued. DoD is presently
working toward giving all government employees, dependents and contractors
such cards to access buildings and computers.
4. Incorporate enterprise-rights management. This concept allows an
agency or department to control data at all points. For example, the
department, not the author, could decide who gets to read, print, copy or
e-mail a document. The other feature tracks the data, and can tell who
has it and what they are doing with it -- or trying to do.
Michael Smith, a Harvard computer science professor, agreed that
policies protecting the data should move with the data. While Microsoft and
Adobe offer solutions to protect their own documents, only a few
companies offer such security compatible with various document types. Clarke
had some advice to federal workers on how they can get heard to make
security changes: Try meeting with top officials. Most Cabinet members
haven’t met their chief information security officer and most Cabinet
members do not even know they have a CISO. If that does not work, he
added, there are always the department or agency inspectors general.
The four largest data losses -- at the Navy, the VA, the Energy
and Agriculture departments -- occurred within agencies that all received
Fs on the House Government Reform Committee's (HGRC) annual
cybersecurity report card, which is based on compliance with the 2002 Federal
Information Security Management Act (FISMA). Former VA CIO Harold Gracey
said, “The root of preventing data breaches is in the enforcement of
policies. The whole government needs to become aware of how transportable
data is and how powerful it can be. The VA has very strict laws dating
back to the pre-IT era about how veterans' information is handled. If
that had been effectively carried forward into the modern age, this
wouldn't be possible." Bruce Brody and associate deputy assistant secretary
for cyber and information security at the VA from 2001 to 2004 noted
that agencies with low grades all have decentralized IT management
structures, where no one person is in control of security. HGRC spokesman
Rob White said the incidents could push them to place more emphasis on
their information security efforts. According to White the Committee
Chairman Tom Davis (R-VA) is looking to change FISMA to include specific
protocols for the disclosure of data breaches, including how to reveal
breaches and how quickly to do so. Notification would become a specific
responsibility for the OMB director and the heads of agencies. [Source:
GOVEXEC.com Daily Briefing 21 & 26 Jun 06 ++]
SGLI UPDATE 06: Effective 1 JUL 06 premium rates for Servicemembers’
Group Life Insurance (SGLI) will increase and rates for the Family SGLI
(FSGLI) will decrease. The new monthly premium rate for SGLI will be 7
cents per month per $1,000 of coverage. For a member with maximum
coverage of $400,000, the monthly total premium will increase from $27.00 to
$29.00. This premium includes an additional $1.00 per month for
Traumatic Injury Protection coverage (TSGLI), which is mandatory and added to
any premium rate automatically. SGLI premiums are increasing because
the current SGLI premium rate is below the “break even” point and
therefore is insufficient to cover the cost of peacetime claims. (Note: The
cost of wartime SGLI claims is borne by the uniformed services, not by
service members.) The premiums for the first $150,000 of coverage for
servicemembers deployed in support of OEF and OIF will still be covered.
Family SGLI premiums will be reduced as of 1 JUL 06. FSGLI premiums are
decreasing because of favorable claims experience. What this means is
that the actual number of claims received for FSGLI benefits has been
less than expected. These lower premium rates will better reflect the
claims experience of the program for each age group. For premium charts
and further information about the various Group Life Insurance programs,
visit the VA website
www.insurance.va.gov/sgliSite/SGLI/sgliPremiums.htm. [Source: NMFA e-News 20 Jun 06]
VA MENTAL HEALTH CARE: Sen. Patty Murray (D-WA), a member of the
Senate Veterans Affairs (VA) Committee, sent a letter on 16 JUN to Senate VA
Committee Chairman Larry Craig (R-ID) and Ranking Member Sen. Daniel
Akaka (D-HI) requesting a hearing of the Committee on the status of
mental health services provided by the VA. Murray said, "We need real
answers from the VA and the Bush Administration. No gimmicks. No game I am
requesting a hearing on the mental health services provided by the VA so
we can learn more about the need for mental health care, how to meet
that demand, and what changes need to be made to provide our veterans
with the care they need and deserve." Murray's called for a hearing
following an article in the May edition of Psychiatric News in which Frances
Murphy, M.D., Undersecretary for Health Policy Coordination at the VA,
indicated that the agency is ill-prepared to serve the mental health
needs of our nation's veterans. In the article, Dr. Murphy notes that
some VA clinics don't provide mental health or substance abuse care, or if
they do, waiting lists render that care virtually inaccessible. It is
estimated one third of the 1.3 million Americans who have served in
Iraq and Afghanistan will be in need of some form of mental health care.
Murray is concerned that they are not or will not receive the services
they need. The full text of Senator Murray's letter to Sen. Craig and
Akaka can be seen at www.vawatchdog.org. [Source: Larry Scott VA News
Flash 19 Jun 06]
VA SAH UPDATE 02: Legislation to help servicemembers and veterans with
their Special Adaptive Housing (SAH) and other benefit needs was signed
into law 15 JUN 06 by President Bush. The bill known as the 'Veterans'
Housing Opportunity and Benefits Act of 2006' (1235) introduced by Sen.
Larry Craig (R-ID) had been adopted with unanimous support in both the
House and Senate. Among its many provisions is one which authorizes VA
to make grants available to assist with housing adaptations at a family
member's home in which a severely disabled servicemember is temporarily
residing. The grants range from between $2,000 and $14,000. Formerly,
severely disabled veterans had to own their own homes to qualify for
adapted housing grant assistance from VA. The legislation will also allow
servicemembers, those who have been legally determined to be totally
disabled at the time of their separation from the military, to have up to
two years from their separation date to apply for premium-free
Servicemembers' Group Life Insurance coverage. More importantly, the
legislation will enable them to convert their coverage to Veterans' Group Life
Insurance, or an individual plan or policy, during the same two-year
period. The bill also includes language crafted by Craig's Idaho
colleague, Rep Mike Simpson (R-ID), to help veterans gain employment. The Act
reflects a compromise agreement reached between House and Senate
Committees on Veterans' Affairs on a host of veterans' benefits provisions
cleared by either body of Congress during the first session of the 109th
Congress. [Source: http://veterans.senate.gov 16 Jun 06 ++]
VETERANS’ PREFERENCE UPDATE 04: Military personnel who have served in
the post-Sept. 11 period now qualify for preference in hiring for
federal jobs. The Office of Personnel Management issued a regulation (i.e.
www.opm.gov/fedregis/2006/71-060906-33376-a.pdf ) giving hiring
preference to anyone who served on active duty for at least 180 days, any part
of which was between Sept. 11 and whenever Operation Iraqi Freedom
ends, either by presidential proclamation or law. Military personnel need
not have spent time in Iraq or Afghanistan to qualify. The last period
designated for veterans’ preference was the Gulf War, specifically for
military members who served between 2 AUG 90 & 2 JAN 92. Without this
designation, the rules are much stricter for military members to benefit
from veterans' preference, and can require 24 months in service,
permanent positions and a campaign badge.
OPM has not completed any formal studies on the number of job
applicants that the new rule, which implements part of the fiscal 2006
National Defense Authorization Act, may bring. Mark Doboga, the agency's
deputy associate director for talent and capacity policy, said he
believes it will have a substantial impact, depending on agency hiring
budgets and other external factors. The broadened rules qualify members of
the National Guard and Reserves for veterans' preference, though none of
the 180 days can be spent in training. In an uncommon move, the rules
announced by OPM in the Federal Register went into immediate effect.
Usually agencies publish draft rules and give stakeholders a few months to
comment before finalizing them. Agencies, individuals and outside
groups still can submit comments until 8 AUG and OPM can change the rules
after that point. Members of the Guard or Reserves who are already
federal employees cannot use veterans' preference for in-house promotions,
although it would give them leg up during agency reductions in force.
[Source: GOVEXEC.com Daily Briefing 15 Jun 06]
MILITARY LEGISLATION STATUS UPDATE: Following is current status on
some Congressional bills of interest to the military community. Support
of these bills through cosponsorship by other legislators is critical if
they are ever going to move through the legislative process for a floor
vote. At http://thomas.loc.gov you can determine if your legislator is
a sponsor of the bill you are concerned with. The key to increasing
cosponsorship is letting your representative know of your feelings on
these issues. At the end of each of the below listed bills is a web link
that can be used to do that:
H.R.994: To amend the Internal Revenue Code of 1986 to allow Federal
civilian and military retirees to pay health insurance premiums on a
pretax basis and to allow a deduction for TRICARE supplemental premiums.
The following sponsor was added to this bill giving it a total of 333:
Rep Charles Pickering (MS-03), Rep Rick Renzi (AZ-01), & Rep Corrine
Brown (FL-03). To support this bill send a message to your
Representative at -- http://capwiz.com/usdr/issues/bills/?bill=7761876
H.R.1366: To amend title 10, United States Code, to expand eligibility
for Combat-Related Special Compensation paid by the uniformed services
in order to permit certain additional retired members who have a
service-connected disability to receive both disability compensation from the
Department of Veterans Affairs for that disability and Combat-Related
Special Compensation by reason of that disability.
The following sponsors were added to this bill giving it a total of 46:
Rep. John Kline (R-MN-2) & Rep. Ben Chandler (D-KY-6). To support this
bill send a message to your Representative at --
http://capwiz.com/usdr/issues/bills/?bill=7718711
To support Sen.
Reid’s amendment to the 2007 NDAA bill S.2766 send a message to your
Representative at --
http://capwiz.com/usdr/issues/alert/?alertid=8371516&type=ML
H.R.2962: To amend title 38, United States Code, to revise the
eligibility criteria for presumption of service-connection of certain diseases
and disabilities for veterans exposed to ionizing radiation during
military service, and for other purposes. The following sponsor was added
to this bill giving it a total of 52: Rep. Shelley Berkley (D-NV-1). To
support this bill send a message to your Representative at
--http://capwiz.com/usdr/issues/bills/?bill=7784066
H.R.4992: To provide for Medicare reimbursement for health care
services provided to Medicare-eligible veterans in facilities of the
Department of Veterans Affairs. The following sponsor was added to this bill
giving it a total of 16: Rep. Jon Porter (R-NV-3). To support this bill
send a message to your Representative at --
http://capwiz.com/usdr/issues/bills/?bill=8670886
S.185: To amend title 10, United States Code, to repeal the
requirement for the reduction of certain Survivor Benefit Plan annuities by the
amount of dependency and indemnity compensation and to modify the
effective date for paid-up coverage under the Survivor Benefit Plan. The
following sponsors were added to this bill giving it a total of 35: Sen
Conrad Burns (MT). To support this bill send a message to your
Representative at -- http://capwiz.com/usdr/issues/bills/?bill=7709421
S.2617: A bill to amend title 10, United States Code, to limit
increases in the costs to retired members of the Armed Forces of health care
services under the TRICARE program, and for other purposes. The
following sponsor was added to this bill giving it a total of 8: Sen. Bill
Nelson (D-FL) To support this bill send a message to your Senator at --
http://capwiz.com/usdr/issues/alert/?alertid=8675066&type=CO
S.2658: A bill to amend title 10, United States Code, to enhance the
national defense through empowerment of the Chief of the National Guard
Bureau and the enhancement of the functions of the National Guard
Bureau, and for other purposes. The following sponsor was added to this bill
giving it a total of 38: Sen Robert Bennett (UT), Sen Thomas Carper
(DE), Sen Susan Collins (ME), Sen Dianne Feinstein (CA), Sen Orrin Hatch
(UT), Sen Robert Menendez (NJ), Sen John Rockefeller (WV), Sen Olympia
Snowe (ME), & Sen Debbie Stabenow (MI). To support this bill send a
preformatted or edited message to your Senator by using the “Write to
Congress” feature at -- www.ngaus.org.
S.2694: A bill to amend title 38, United States Code, to remove
certain limitation on attorney representation of claimants for veterans’
benefits in administrative proceedings before the Department of Veterans
Affairs, and for other purposes. The bill has a total of 7 sponsors.
Last activity on this bill was in the Committee on Veterans' Affairs
where it was ordered it to be reported without amendment favorably. To
express support or nonsupport of this bill send a message to your Senator
at -http://capwiz.com/usdr/issues/bills/?bill=8835631
Current status and bill text can be found at
http://thomas.loc.gov. There has been no change in sponsorship on the
following bills since last reported on in the Bulletin:
H.R.303: To amend title 10, United States Code, to permit certain
additional retired members of the Armed Forces who have a service-connected
disability to receive both disability compensation from the Department
of Veterans Affairs for their disability and either retired pay by
reason of their years of military service or Combat-Related Special
Compensation and to eliminate the phase-in period under current law with
respect to such concurrent receipt.
H.R.808: To amend title 10, United States Code, to repeal the offset
from surviving spouse annuities under the military Survivor Benefit Plan
for amounts paid by the Secretary of Veterans Affairs as dependency and
indemnity compensation (DIC).
H.R.968: To amend title 10, United States Code, to change the effective
date for paid-up coverage under the military Survivor Benefit Plan from
October 1, 2008, to October 1, 2005.
H.R.995: To amend title 10, United States Code, to provide for the
payment of Combat-Related Special Compensation under that title to members
of the Armed Forces retired for disability with less than 20 years of
active military service who were awarded the Purple Heart
H.R.2076: To amend title 10, United States Code, to permit certain
retired members of the uniformed services who have a service-connected
disability to receive both disability compensation from the Department of
Veterans Affairs for their disability and either retired pay by reason
of their years of military service or Combat-Related Special
Compensation.
H.R.4949: To amend title 10, United States Code, to prohibit increases
in fees for military health care.
S.407: The ‘Keep Our Promise to America's Military Retirees Act’ to
restore health care coverage to retired members of the uniformed services
and their eligible dependents.
S.484: To amend the Internal Revenue Code of 1986 to allow Federal
civilian and military retirees to pay health insurance premiums on a pretax
basis and to allow a deduction for Tricare supplemental premiums. The
following sponsor was added to this bill giving it a total of 62: Sen.
Mike Crapo (R-ID).
Note: 129 days until Election Day. Make your vote count. Be sure you
are registered to vote.
[Source: USDR Action Alerts 15-30 Jun 06 ++]
Lt. James “EMO” Tichacek, USN (Ret)
Director, Retiree Assistance Office, U.S. Embassy Warden & VITA Baguio
City RP
PSC 517 Box RCB, FPO AP 96517
Tel: (760) 839-9003 or FAX 1(801) 760-2430; When in RP: (74) 442-7135
or FAX 1(801) 760-2430
Email: raoemo@sbcglobal.net. When in Philippines raoemo@mozcom.com
Web:
http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/CORMV/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 member
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