October 16, 2014

Kilmer, WA Senators Urge Agencies to Release Overdue Report Essential to Reauthorizing Shipyard Worker Overtime

WASHINGTON, D.C. – Representative Derek Kilmer urged government agencies to release an overdue report essential to reauthorizing overtime that expired in September for civilian shipyard workers overseas. In a letter – signed by Senators Patty Murray (D-WA) and Maria Cantwell (D-WA) – to the Defense Secretary and the Director of the Office of Personnel Management (OPM) Kilmer noted further delays in overtime for shipyard workers on overseas missions could increase costs and make it harder to attract skilled workers.

Based off recommendations from the Secretary of the Navy, a report must be issued by the Secretary of Defense and Office of Personnel Management to the Armed Services and Oversight Committees to justify extension of the overtime payments for civilian employees overseas. In the letter the members noted the agencies have known about their requirement to validate the extension of overtime authority for the past three years and should proactively work to meet their deadline.

“The skilled and dedicated civilians who perform the needed maintenance may not volunteer to leave their families to do the same job they do domestically for less money,” the members wrote in the letter sent yesterday. “Following three years of salary freezes, government shutdowns, and furloughs, these experienced employees may leave government service, further exacerbating a depleting bench of qualified and experienced government employees. In order to extend this authority and avoid the harmful impacts detailed above we ask that you provide all necessary information to the Armed Services and Oversight Committees to justify the continuation of this authority before the finalization of the National Defense Authorization Act for Fiscal Year 2015.”

The full text of the letter is below:

 

Dear Secretary Hagel and Director Archuleta,

Thank you for your work to balance the priorities of our servicemembers and civilian personnel that support their mission. We are writing to express the urgent need for your assistance to facilitate the reauthorization of overtime payment for Department of the Navy civilians providing nuclear maintenance on the forward deployed aircraft carrier in Japan.

Following more than six months of outreach regarding the need for the Department of Defense and the Office of Personnel Management to fulfill their statutory obligation to report on whether the authority should be extended, the authorization has now expired and will result in more days needed to conduct standard recurring maintenance work at increased costs, causing increased operational risk through extended carrier down time, reduced civilian morale, and possibly a reduction in skilled labor.

The initial authorization to pay overtime to Navy civilians providing nuclear maintenance on the forward deployed aircraft carrier in Japan was included in Section 1105 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383). Prior to the expiration of the authority, the statute requires the Secretary of the Navy to report to the Secretary of Defense and the Director of the Office of Personnel Management indicating whether the authority should be extended. In turn, the Director of the Office of Personnel Management is then required to report to Congress advocating for its termination, extension, or expansion.

Unfortunately, it is our understanding that the Navy was delayed in issuing its report due to the tragic September 16, 2013 shooting at the Washington Navy Yard. Despite the significant challenges resulting from this incident, the Navy was able to complete its report in March of this year.

Throughout the House of Representatives’ consideration of H.R. 4435, the Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015, there have been numerous Congressional inquiries about the status of this report that is essential for the full reauthorization of the program. While awaiting the report’s completion, the House ultimately adopted an amendment to Section 1108, which would provide a one-year reauthorization for this critical program.

With nearly three years’ notice, the Department of Defense and the Office of Personnel Management should have been able to work proactively to meet the statutory requirement before the authorization expired in September of this year. Expiration of this provision will have very real consequences. We are told that the additional days in port required for maintenance could prevent the forward deployed carrier in Japan from being available should the President or combatant commanders determine that the carrier is needed to assist in an urgent contingency operation.  In a world with no lack of threats that could require attention at a moment’s notice, sidelining a carrier for this reason is unacceptable.   Additionally, the skilled and dedicated civilians who perform the needed maintenance may not volunteer to leave their families to do the same job they do domestically for less money. Following three years of salary freezes, government shutdowns, and furloughs, these experienced employees may leave government service, further exacerbating a depleting bench of qualified and experienced government employees.

In order to extend this authority and avoid the harmful impacts detailed above we ask that you provide all necessary information to the Armed Services and Oversight Committees to justify the continuation of this authority before the finalization of the National Defense Authorization Act for Fiscal Year 2015. Our offices stand ready to assist in any way possible to resolve this matter.

Sincerely,                                                                                                                                         

                                                                                                                                                      

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