| H.R. 5136, National Defense Authorization Act (NDAA) for FY2011
First Step taken in the House of Representatives
House Armed Services Committee (HASC) Chairman Ike Skelton reported that H.R. 5236 for Fiscal Year 2011 was reported favorably by Committee on a vote of 50 to 0. The Bill authorizes $546 Billion in Budget Authority for the Department of Defense (DOD) and the National Security Programs of the Department of Energy (DOE). The bill also authorized $159 Billion to support overseas contingency operations and $34 Billion for Fiscal Year 2010 supplemental appropriations for contingency operations in Afghanistan, Iraq and to provide humanitarian and disaster assistance to assist victims following the earthquake in Haiti.
Commenting on the HASC version of NDAA, Chairman Skelton noted that it:
• Aligns our military strategy with the 21st Century to sustain two wars today and prepare for the threats of tomorrow
• Commitment to defend America, support U.S. service members and their families, and keep America safe
• Enhances the capacity of the military, particularly the U.S. Special Operations Forces, to act against terrorist organizations
• Provides for ballistic missile defense and fully funds the DOD Cooperative Treat Reduction Program and DOE nonproliferation Program to secure all known vulnerable nuclear material around the world that can be used for weapons
NCOA was appreciative of the following specific HASC proposals of NDAA that are of interest to the Association and its world wide membership. The entire report submitted by the HASC to the Committee of the Whole on the State of the Union debate and eventual adoption by the House of Representatives is available for review at http://armedservices.house.gov/pdfs/HouseReport052110.pdf.
Military Compensation Issues:
-Provides a 1.9 percent pay raise
-Increases Hostile Fire and Imminent danger pay
-Authorize an additional special one-time payment to seriously wounded service members to pay for the relocation costs of their caregivers
-Increases family separation allowance for service members whose deployment or temporary duty requires them to live away from their families
-Restores basic allowance for housing payments for two active duty spouses when one or both are on sea duty
-Provide special compensation for victims of Fort Hood and Little Rock attacks
-The bill gives the authority for a final education loan repayment to be included with the settlement of a service member’s final military pay account when he or she is killed or seriously injured in the line of duty. Additionally, it defines a “year of service” to equal deployment of six months or longer in hostile fire or imminent danger zones for the purposes of federal loan cancellation. This would allow a Marine, whose average deployment equals approximately eight months, to qualify for federal student loan cancelation.
-Requires the Secretary concerned to pay retired annuities on the first day of the month, thus eliminating delayed payments when pay days fall on weekends.
End Strength:
Increase Army by 7,000, increase Air Force by 500, and recognizes the Navy’s need to temporarily remain at a higher force size.
Other Issues:
Women in Combat: Directs the Secretary of Defense to review the military occupational specialties to ensure that women in uniform have every opportunity to serve to the best of their abilities. This review would also include a review of the collocation policy and whether this and other policies and regulations should be modified or changed.
Sexual Assault: Provides twenty-eight different provisions to implement into law many of the recommendations compiled by the Defense Task Force on Sexual Assault. It establishes a pilot program to offer an alternative career path to military officers, providing them a broader range of experiences over a longer career. It also establishes a pilot program to help military spouses take advantage of their personal skill sets to identify and obtain desirable and portable careers.
Military Academy Criteria: The bill provides the authority to waive the maximum age limit for students enrolling in a military service academy from 23 to 26 for a qualified enlisted member of the Armed Forces who was unable to enroll in the academy before reaching the maximum age because he or she was deployed in Iraq or Afghanistan.
Dual Status Technicians: Dual status technicians, who serve in both civilian and uniformed roles, offer a unique full-time capability to our reserve component. This year’s bill includes several measures to improve these individuals’ benefits and personal quality of their service. It prohibits the requirement to repay bonuses or terminate participation in a college loan repayment program if the bonuses were paid or the participation in the loan repayment program began prior to the military technician employment period. It also urges DOD to issue instructions to Reserve Components to ensure the implementation of a provision in the FY08 NDAA allowing dual-status technicians to continue their employment as technicians when the loss of their membership in the Selected Reserve is the result of a combat-related disability. Additionally, the bill provides the Secretaries of the Army and the Air Force with the permanent authority to hire non-dual status technicians to fill vacancies created when a dual-status technician is deployed. The bill also clarifies the policy that members serving in a reserve component, including members of the National Guard, fall within the jurisdiction of the board operated by the service secretary to correct military records and should benefit from the decision of the board.
Unified Medical Command Proposed:
The HASC proposes the creation of a Unified Medical Command modeled after the structure of Special Operations Command. The Unified Medical Command would remove many of the challenges in place under the current structure that are caused by disconnect between requirements determination, performed by the services, and resource allocation, currently controlled by the Assistant Secretary of Defense for Health Affairs. The Military Health System has an organizational structure unlike any other in the Department of Defense, and given its demonstrated shortcomings, the HASC believes that it is time to move toward a proven command structure.
Families:
• TRICARE beneficiaries may extend coverage to their dependent children until age 26, the same benefit that was afforded to individuals with private insurance policies under the new health care law.
• Provide $345 Million to modernize DOD schools.
• Provide $65 Million for Impact Aid education programs.
• Creation of a new career development pilot program for military spouses: Military spouses will receive customized guidance to help them take advantage of their personal strengths and skill sets to identify, meet the requirements of, plan for, and obtain desirable and portable careers for DOD critical civilian specialty positions.
• Recognition of Military Spouses and Children: Recognizes that while our men and women in uniform are on the battlefield making sacrifices for our nation, their families are making sacrifices right beside them. To show appreciation for military families’ personal sacrifices and contributions to our national security, the bill requires the Department to design lapel pins for both military spouses and their children.
Mental Health Care:
• Require the services to increase their numbers of authorized mental health providers by twenty-five percent and increasing the number of Health Professions Scholarship and Financial Assistance Program (HPSP) scholarships for mental health providers. It allows an exemption for medical providers older than age 42 to be considered for regular appointments, providing our active forces greater flexibility to recruit health care professionals. It also increases incentives for students in health care education programs to pursue military careers by allowing HPSP participants to also receive payments from the Active Duty Health Professions Loan Repayment Program (ADHPLRP).
NEXT STEP IN HOUSE LEGISLATIVE PROCESS FOR NDAA
The HASC having now completed its Committee responsibilities on H.R. 5136, NDAA on May 21, 2010 submitted the Legislation for the Union Calendar of the House of Representatives where it is now Numbered 279. The House will resolve itself into the Committee of the Whole House on the State of the Union. The House Committee on Rules will report a special resolution or “rule” allowing for consideration by the Committee of the Whole and fixing the amount of time for general debate. A Chairman of the Committee of the Whole is appointed and the Speaker of the House leaves the Committee to its deliberation and debate. A number of Amendments to the NDAA will be offered during the Second Reading of the bill, and if germane to the text under consideration will be considered for adoption by the Committee of the Whole.
At the conclusion of the consideration of a bill for amendment, the Committee of the Whole “rises” and reports the bill to the House with the amendments that have been adopted. In rising, the Committee of the Whole reverts back to the House and the Chairman of the Committee is replaced in the chair by the Speaker of the House. The House then acts on the bill and any amendments adopted by the Committee of the Whole.
The House of Representatives has five specific Calendars. A detailed explanation of the Calendar of the Committee of the Whole on the State of the Union is available via the Internet at http://www.rules.house.gov/archives/lph-calendars.htm.
ONLY FIRST STEP IN LEGISLATIVE PROCESS FOR NDAA
The Senate Armed Services Committee is working its legislative proposal for the NDAA for FY 2011. The Senate process will eventually produce its final version and like the House bill will contain authorizations and many amendments. Eventually, the two bills will be reconciled by a Conference Committee of House and Senate designated negotiators. The Conference Report will be approved by each Chamber and the final version of NDAA for FY2011 will be submitted to the President.
WATCH NCOA LEGISLATIVE UPDATES
The NCOA National Capital Office (NATCO) will provide updates at www.ncoausa.org as action takes place on NDAA by the House and Senate. When appropriate, NATCO will also issue Legislative Action Alerts asking members to correspond with their elected officials via email, personal letters, and even telephone calls of matters being decided by Congress.
All citizens likewise are reminded that 2010 is a National Election Year for many Senators, Representatives, Governors, State and Local Officials.
We encourage all citizens to stand with Noncommissioned Officers and Petty Officers of the Non Commissioned Officers Association and vote in every election for which they are eligible to cast a ballot. All of us are the “WE” in the preamble of the Constitution that begins “WE THE PEOPLE! Let’s ensure that our individual voices are heard at the ballot box.
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