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					                         Senate and House Provisions for the FY 2012 National Defense Authorization Act

         Guard and Reserve Provisions, Retired Issues, Survivor Issues, Veterans/Other Provisions, Health Care Provisions


Active Force Provisions
House (H.R. 1540)                                  Senate (H.R. 1540)                                 Conference (H.R. 1540)
Sec. 257 – National Defense Education              No similar provision                               House provision adopted (Sec. 254).
Program. If total amount of funding allocated
for the NDEA for FY12 in the NDAA is less than
amount requested by the President, SecDef may
not make up difference by taking from the K-12
component of the program.
Sec. 361 – Consideration of foreclosure            No similar provision, but report language on pg.   Provision not adopted
circumstances in adjudication of security          123.
clearances. In carrying out a security clearance
adjudication of a servicemember, SecDef shall
give special consideration to any member with a
record of a foreclosure on their credit report.
Sec. 401 – End strength. Decreases Army by         Sec. 401 – Similar provision except Navy end       Senate provision adopted (Sec. 401).
7,400; Navy by 2,961; increases Air Force by       strength decreased by 3,000.
600.
Sec. 402 – Revision in permanent active duty       No similar provision                               House provision adopted (Sec.402).
end strength minimum levels. To identical
levels as Sec. 401.
Sec. 421 – Military personnel authorization.       Sec. 421 – Military personnel authorization.       House provision adopted (Sec. 421). NOTE:
$142.2 billion                                     $142.4 billion.                                    Sec. 4401 shows conference authorized 142.0
                                                                                                      billion
Sec. 501 – Increase in authorized strengths for    Sec. 501 – Similar provision                       House provision adopted (Sec. 501).
Marine Corps Officers on AD in grades of 04-
06. Increases the allowable number of Majors,
Lieutenant Colonels, and Colonels.
Sec. 502 – General and Flag Officer reform.        No similar provision                               House provision adopted (Sec. 502) with
Removes officers released from a joint duty                                                           amendment to increase the numbers of general and
assignment from exemption from distribution                                                           flag officers on active duty to include the
limits. Reduces total allowable active duty Air                                                       additional general and flag officers that will now
Force Generals to 197 (-11) and lowers the                                                            be counted against their respective service's
minimum number of joint duty Air Forces                                                               general and flag officer limits.


                                                                                                                                            1
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                   Senate (H.R. 1540)                                       Conference (H.R. 1540)
officers to 73 (-3). Lowers total number of joint
duty assignments to 310 (-14). Excludes both
Director and Deputy Director of the CIA from
limitations list.
No similar provision                                Sec. 502 – Voluntary retirement incentive.               Sec. 504 Limits voluntary retirement incentive to
                                                    SecDef may authorize military secretaries to             675 officers. In addition, provision reinstates
                                                    provide voluntary retirement incentive payment to        Temporary Early Retirement Authority. Both
                                                    an officer who has served between 20-29 years, and       programs would be effective until 31 Dec 2018.
                                                    is at least 12 months away from the maximum              New TERA authority excludes USCG and NOAA
                                                    retirement age.                                          and bars extra credit for public service.
No similar provision                                Sec. 504 – Definition of joint assignment.               Provision not adopted
                                                    Includes instructor positions that provide significant
                                                    joint expertise.
Sec. 521 – Findings regarding the unique            No similar provision                                     Sec. 521. Adopts House language, but only as
nature, demands, and hardships of military                                                                   “Sense of Congress.”
service. Outlines the unique hardships and
sacrifices of military services and calls for the
armed forces to maintain personnel policies that
recruit and retain “only those persons whose
presence serves the needs of the armed forces”.
No similar provision                                Sec. 521 – Repeal of high deployment allowance.          Sec. 530 retains the statutory authority regarding
                                                    Eliminates high deployment allowance.                    the high-deployment allowance, but makes it
                                                                                                             permissive rather than mandatory.
Sec. 522 – Policy addressing dwell time and         No similar provision                                     House provision adopted (Sec. 522).
measurement and data collection of
ops/personnel tempo. Requires SecDef to
prescribe a policy that addresses the amount of
dwell time between deployments. SecDef shall
develop a system to track the number of days that
each servicemember is deployed. Defines dwell
time as the time a member spends at a permanent
duty station or home port after returning from a
deployment, but allows SecDef to modify the
definition.



                                                                                                                                                    2
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                    Senate (H.R. 1540)                                    Conference (H.R. 1540)
No similar provision                                 Sec. 522 – Prohibition of administrative              Senate provision adopted (Sec. 527).
                                                     separations for non-disqualifying medical
                                                     conditions. Prohibits barring reenlistment based on
                                                     medical conditions that a PEB has considered and
                                                     found the servicemember fit for duty
Sec. 523 – Authorized leave upon birth or            No similar provision                                  Provision not adopted
adoption of a child. Increases leave for
servicemembers who give birth or adopt from 21
to 42 days. Other member of servicemember
couple is authorized 10 days non-chargeable
leave during same period as adoption leave
No similar provision                                 Sec. 523 – Expansion of regular enlisted              Senate provision adopted (Sec. 525).
                                                     members covered by early discharge authority.
                                                     Extends the authority to discharge an enlisted
                                                     member early from 3 months to 1 year before the
                                                     expiration of the term of their enlistment.
Sec. 524 – Extension of authority to conduct         No similar provision                                  House provision adopted (Sec. 531).
career flexibility programs to increase
retention. Extends career flexibility pilot
program by 3 years until December 31, 2015.
Requires an additional interim report in 2015, and
delays the final report until 2016.
No similar provision                                 Sec. 524 – Extension of Voluntary Separation          Senate provision adopted (Sec. 526).
                                                     Pay and benefits. Extends authority to separate
                                                     members under the voluntary separation pay benefit
                                                     through 31 December 2018.
Sec. 525 – Policy on recruitment and                 Sec. 526 - Similar provision                          Senate provision adopted (Sec. 532).
enlistment of graduates of secondary schools.
Service secretaries will recognize both diploma
holders and those who otherwise complete a
program of secondary education in accordance
with state education laws for recruitment and
enlistment purposes. SecDef will prescribe a
policy for recruiting these non-diploma recipients
within 180 days.

                                                                                                                                                 3
                         Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                   Senate (H.R. 1540)                               Conference (H.R. 1540)
Sec. 526 – Navy recruiting and advertising.         No similar provision                             Provision not adopted
Sec Navy shall obligate $983,000 towards using
advertisements to promote interest in seamanship
and aviation for the professional development of
children aged 11-17.
Sec. 527 – Limitation on dual deployment to         No similar provision                             Provision not adopted
combat zones of military couples who have
minor dependents. Servicemember who has
minor dependents and a military spouse who is
deployed in an area in which imminent danger
pay is authorized may request a deferment of
deployment which must be approved by the
service secretary.
No similar provision                                Sec. 527 (Amdt # 1056) – Freedom of conscience   Senate provision adopted (Sec. 544).
                                                    of military chaplains with respect to the
                                                    performance of marriage. Chaplains may abstain
                                                    from performing a marriage ceremony if it’s a
                                                    matter of conscience or moral principle.
Sec. 528 – DoD suicide prevention program.          No similar provision                             House provision adopted (Sec. 533) with
SecDef to work with SecVA and public/private                                                         amendment that removes basic training elements
entities to enhance the Program, to include                                                          and includes pre-separation counseling that covers
suicide prevention as a part of basic training.                                                      services available following separation.
Sec. 529 – Designation of persons authorized to     No similar provision                             House provision adopted (Sec. 528).
direct disposition of servicemembers remains.
Adds the person identified by the decedent on the
record of emergency data (DD93) as a Person
Authorized for Direct Disposition (PADD)
regardless of relationship to the decedent.
Sec. 530 – Protected communications by              No similar provision                             House provision adopted (Sec. 523) but expands
servicemembers and prohibition of retaliatory                                                        protection include servicemembers who complain
personnel actions. Ideologically based threats or                                                    or disclose information that the member
actions of another member that the member                                                            reasonably believes constitutes evidence of a
providing information reasonably believes could                                                      threat.
be counterproductive or detrimental to US
interests and security.

                                                                                                                                           4
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                     Senate (H.R. 1540)                                     Conference (H.R. 1540)
Sec. 531 – Judicial review for military               Sec. 553 – Procedures for review of certain            Provisions not adopted
personnel decisions relating to correction of         military personnel decisions. Final secretarial
military records. Requires BCMR to issue              denial of a request to correct a member’s record
concise statements of factual and legal basis for     must provide the factual and legal basis for the
denial decisions, along with statement of             decision together with a statement of the procedure
procedures and timing for seeking judicial review.    and time for obtaining a review of the decision.
BCMR must precede judicial review and any             Requires that BCMR application must precede any
judicial review must be sought within 1 year of       judicial review. Allows 3 years after denial to seek
final BCMR decision.                                  judicial review.
Sec. 532 – Acceptance of gifts authority.             No similar provision                                   House provisions adopted (Sec. 543) with an
Eligibility expanded to include all members of                                                               amendment that authorizes the acceptance of gifts
armed forces serving in combat zone.                                                                         after enactment of the FY2012 NDAA.
Regulations prescribed by SecDef must apply
retroactively to injuries/illnesses incurred since
9/11/2001.
Sec. 533 – Additional condition on repeal of          No similar provision                                   Provision not adopted
Don’t Ask, Don’t Tell. Chief of Staff of the
Army, Chief of Naval Operations, Commandant
of the Marine Corps and CoS of the Air Force
must submit written certification to the armed
services committees that repeal will not degrade
readiness, effectiveness, cohesion, and morale.
Sec. 534 – Military regulations regarding             No similar provision                                   Provision not adopted
marriage. Congress reaffirms that in
determining the meaning of any act of Congress,
or any rule or regulation that the term “marriage”
means only a legal union between a man and a
woman, and “spouse” refers only to a person of
the opposite sex.
Sec. 535 – Use of military installations as site of   No similar provision                                   Provision not adopted
marriage ceremonies, and participation of
chaplains or other military or civilian
personnel in their official capacity. Marriages
conducted on military installations must comply
with the definition of marriage as between a man


                                                                                                                                                  5
                         Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                   Senate (H.R. 1540)                                      Conference (H.R. 1540)
and a woman. Military chaplains or other DoD
personnel may only participate in an official
capacity in marriages that meet this definition.
Sec. 541 – Improved access to apprenticeship        Sec. 525 – Employment skills training for active        Senate provision adopted (Sec. 551).
programs for servicemembers being separated         duty servicemembers transitioning to civilian
from active duty or retired. Service Secretary      life. Military secretaries may carry out job training
may permit separating or retiring servicemembers    and employment skill training for servicemembers
to participate in an apprenticeship program that    expected to be discharged within 180 days to help
provides employment skills training to help         them transition to civilian life.
transition into a civilian career.
No similar provision                                Sec. 541 – Enhancement of authorities on joint          Senate provision adopted (Sec. 552) with an
                                                    professional education. Authority to credit             amendment that would authorize SecDef to carry
                                                    graduates of the National Defense Intelligence          out a pilot program to assess the
                                                    College with Joint Professional Military Education      feasibility/advisability of offering a Phase II
                                                    Phase I. Eliminates requirement to teach Phase II       program on other than in-residence basis.
                                                    only in residence.

Sec. 544 – Appointments to service academies        No similar provision                                    Provision not adopted
from nominations made by the Governor of
Puerto Rico. Increases the number of
nominations for each service academy from
Puerto Rico from 6 to 8, and increases the number
of natives nominated per academy from 1 to 3.

No similar provision                                Sec. 544 – Enrollment of certain seriously              Senate provision adopted (Sec. 555).
                                                    wounded, ill, or injured former or retired
                                                    enlisted servicemembers in associate degree
                                                    programs of the Community College of the Air
                                                    Force. Sec Air Force may authorize participation
                                                    by former or retired enlisted servicemembers of any
                                                    service who at the time of their
                                                    separation/retirement had started but not finished a
                                                    degree program and was designated as severely
                                                    wounded, ill, or disabled after 11 Sept 2001. Must
                                                    be within 10 years of separation date.


                                                                                                                                                6
                           Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                    Senate (H.R. 1540)                                    Conference (H.R. 1540)
Sec. 545 – Temporary authority to waive              Sec. 546 – Similar provisions                         Senate provision adopted (Sec. 553).
maximum age limitation on admission to
military service academies. Grants services
authority to grant a waiver to enlisted personnel
who have served in OIF, OEF, OND or who
possess an exceptional overall record to attend
military academies. Maximum of 5 waivers per
year, and candidate must be 26 or younger as of
July 1 of the year they enter the academy.
Sec. 547 – Report on tuition assistance              No similar provision                                  Senate provision adopted (Sec. 555) but expands
program for off duty training or education.                                                                the report to cover Ed. assistance for spouses, a
SecDef must report to armed services committees                                                            description of the costs of the program – including
on methods to increase efficiency of tuition                                                               information from institutions receiving funds from
assistance programs NLT 270 days after                                                                     09-11, and an assessment on the
enactment. Report will include analysis of the                                                             advisability/feasibility of requiring institutions of
effects of requiring servicemembers to pay 25                                                              higher learning to make available certain
percent of their education expenses.                                                                       information regarding their program.
No similar provision                                 Sec. 547 (Amdt # 1276) – Pilot program on             Senate provision adopted (Sec. 558) with an
                                                     receipt of civilian credentialing for skills          amendment that requires SecDef to complete the
                                                     required for military occupational specialties.       program NLT five years after the commencement
                                                     Requires pilot program to assess options for          of the program. Conferees encourage SecDef to
                                                     enlisted members get civilian credentialing/          include an assessment of the feasibility of
                                                     licensing based on duty experience. Program must      obtaining a commercial driver’s license as an
                                                     commence within nine months of enactment.             element of the program.
Sec. 548 – Troops to teachers program.               Sec. 1048 – FY2012 administration and report          Senate provision adopted (Sec. 557).
Transfers responsibility and authority for program   on Troops to Teachers program. SecDef may
from SecEd to SecDef effective 1 Oct 2011.           administer the troops to teachers program, and must
                                                     report the funding, participation, ability of
                                                     participants to find a job, and the program’s
                                                     effectiveness by 1 Apr 2012.
Sec. 549 – Diversity recruitment efforts for         No similar provision                                  Provision not adopted
military service academies. Funding for
diversity recruiting efforts for service academies
is increased by $1.4 million per academy.
Funding increased is offset by cutting $4.2


                                                                                                                                                   7
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                     Senate (H.R. 1540)                                      Conference (H.R. 1540)
million from the Joint Tactical Radio System
Maritime-fixed radios.
No similar provision                                  Sec. 551 – Reform of offenses relating to rape,         Senate provision adopted (Sec. 541) with an
                                                      sexual assault, and sexual misconduct under the         amendment that would delete the repeal of Article
                                                      UCMJ.                                                   125 of the UCMJ.
No similar provision                                  Sec. 554- DoD support programs for programs             Provision not adopted
                                                      on pro bono legal representation for
                                                      servicemembers. SecDef may provide support to
                                                      public/private programs designed to facilitate
                                                      representation by attorneys who provide pro bono
                                                      legal assistance for servicemembers in need of
                                                      representation. Financial support for program may
                                                      not exceed $500,000 in a fiscal year.
Sec. 571 – Revision to membership of DoD              Sec. 576 – Similar provision                            House provision adopted (Sec. 574).
military family readiness council. Removes
reserve (but not Guard) members and the spouse
of a general or flag officer from the Council; adds
the spouse or parent of a member from each
service. Reduces the term of appointments to two
years, except family organization representatives
(three years).
Sec. 572 – Impact aid. $30 million for schools        Sec. 571 - $25 million for schools with a significant   House provision 572 adopted (Sec. 572) and
with significant numbers of military dependents.      number of military dependents. Sec. 572 - $5            Senate provision 572 adopted (Sec. 571).
$10 million for schools with enrollment changes       million for children with severe disabilities.
due to BRAC.
Sec. 573 – Protection of child custody                No similar provision                                    Provision not adopted
arrangements for members of the armed
forces. A court ruling that renders temporary
custody of a child based solely on a
servicemember’s deployment must revert back to
the previous arrangement when the
servicemember returns, unless the court finds
reinstatement is not in the child’s best interest.
No court may determine the absence or possible
absence of a servicemember by reason of

                                                                                                                                                    8
                           Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                     Senate (H.R. 1540)                                   Conference (H.R. 1540)
deployment to be grounds for determining best
interest of the child. If state laws have a higher
standard of protection for the servicemember the
state laws shall apply.
No similar provision                                  Sec. 573 – Three year extension and                  Senate provision adopted (Sec. 573).
                                                      enhancement of authority on transition of
                                                      military dependents among local schools.
                                                      Extends authority to 30 Sept 2016 and expands
                                                      authority to cover distance learning, teacher
                                                      training, curriculum development and more.
Sec. 574 – Center for military family                 No similar provision                                 Provision not adopted
community outreach. SecArmy has the
authority to create the center to help increase the
number of social workers and mental health care
providers who are familiar with the special
demands of active duty servicemembers and their
families and can adapt prevention and
intervention methods to times of war.
Sec. 577 – Sense of Congress regarding                No similar provision                                 Provision not adopted
financial counseling for military families.
SecDef should work with Consumer Financial
Protection Bureau to ensure cooperation with the
Office of Servicemember Affairs to provide
financial counseling to military personnel and
families.
No similar provision                                  Sec. 577 (Amdt # 1140) – Comptroller report on       Senate provision adopted (Sec. 578) with an
                                                      DoD military spouse employment programs.             amendment to include a review of the total
                                                      Direct a review of all current DoD military spouse   funding available, the amount obligated for each
                                                      employment programs. DoD will also report on the     program, and the number of spouses who have
                                                      number of spouses who have obtained employment       obtained employment following participation in a
                                                      following participation in one of their programs.    program.
                                                      Report due 180 days after enactment.
Sec. 578 – Matters to be covered by                   No similar provision                                 House provision adopted (Sec. 529).
preseparation counseling for servicemembers
and their spouses. Adds survivor benefits,

                                                                                                                                                 9
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                   Senate (H.R. 1540)                                      Conference (H.R. 1540)
budgeting, saving, credit, loans, and taxes to
topics to be discussed.
Sec. 581-587 – Improvements to sexual assault       Sec. 561- 566 – similar provisions                      Most provisions adopted (Secs. 581-585) with
prevention and response in the armed forces.                                                                amendments. One exception is House provision
Require: (1) flag officer/SES as Director of                                                                584/Senate provision 564 which would have
Sexual Assault Prevention and response office;                                                              established a privilege against disclosure of
(2) require SecDef to issue guidance                                                                        communications between a victim of sexual
implementing task force report recommendations                                                              assault and a Sexual Assault Response
within 60 days; (3) require services to prescribe                                                           coordinator, Sexual Assault Victim Advocate, and
regulations on legal assistance and services to                                                             DoD Helpline personnel.
victims; (4) authorize victim to disclose info
confidentially; (5) requires service to provide
guidance on PCS/unit transfer of victims; (6)
requires SecDef/SecVA to develop
comprehensive policy for retention/access of
records/evidence.
No similar provision                                Sec. 584 – Report on the achievement of                 Provision not adopted
                                                    diversity goals for leadership of the armed
                                                    forces. SecDef will report on each service’s
                                                    progress towards achievement of diversity goals for
                                                    leadership and a discussion of the findings in the
                                                    Diversity Leadership in the 21st Century Report.
                                                    Report due NLT 1 year after enactment.
No similar provision                                Sec. 585 – Specification of period in which             Provision not adopted
                                                    application of voter registration or absentee
                                                    ballot from an overseas voter is valid. Clarifies
                                                    that prohibition on refusal by states to accept valid
                                                    applications for voter registration and absentee
                                                    ballots applies to both overseas and uniformed
                                                    services voters
Sec. 591 – Authority to provide support and         No similar provision                                    Provision not adopted
services for certain organizations and activities
outside DoD. Limits annual obligations in
FY2012 and beyond to $20 million a year.



                                                                                                                                               10
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                     Senate (H.R. 1540)                                     Conference (H.R. 1540)
Sec. 595 – Study of the military necessity of the     No similar provision                                   House provision adopted (Sec. 597).
Select Service system and alternatives. Directs
the Comptroller General to study the selective
service and determine the fiscal and national
security impacts of disestablishing the service, or
putting it into “deep standby mode.” Report due
March 31, 2012.
Sec. 597 – Sense of Congress in support of            No similar provision                                   Provision not adopted
Yellow Ribbon Day. Congress supports Yellow
Ribbon Day in honor of members of the Armed
Forces who are serving overseas away from their
loved ones.
Sec. 598 – Postal benefit program. Provides           No similar provision                                   Provision not adopted
free postal vouchers to active duty troops in Iraq
and Afghanistan, and servicemembers
hospitalized for a service connected injury
sustained in Iraq or Afghanistan.
Sec. 599a – Prohibition of the unauthorized use       No similar provision                                   Provision not adopted
of names and images of servicemembers.
Sec. 599c – Limitation on military musical            No similar provision                                   Provision not adopted
units. Limits appropriation of funds for military
musical units at $200 million.
Sec. 601 – Military pay raise. 1.6% pay raise in      No similar provision (specific authority not needed,   Provision not adopted (specific authority not
2012.                                                 as existing law provides ECI raise).                   needed as existing law provides ECI raise).
Sec. 602 – Resumption of authority to provide         No similar provision                                   House provision adopted (Sec. 601).
temporary increase in BAH rates in certain
circumstances. Extends authority which expired
on 31 Dec 2009 to 31 Dec 2012.
Sec. 603 – Lodging accommodations for                 No similar provision                                   House provision adopted (Sec. 602).
members assigned to a ship. Extends authority
to provide lodging to Navy, Coast Guard and
NOAA servicemembers who don’t have access to
public quarters due to the commissioning or
fitting out of a ship or because the ship is under
construction and not habitable.

                                                                                                                                                  11
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                  Senate (H.R. 1540)                                   Conference (H.R. 1540)
Sec. 611- 616 – One year extension of various      Sec. 611 - Similar provisions consolidated with no   House provisions adopted (Sec. 611-615) with
authorities for special pay, incentive pay,        extension of referral bonuses.                       the exception of the health professional referral
bonuses, and referrals. Extends bonus, special                                                          bonus.
pay, incentives, and referrals until 31 December
2012.
Similar provision                                  Sec. 612 – Modification of qualifying period for     Senate provision adopted (Sec. 616) with an
                                                   payment of hostile fire and imminent                 amendment that bases pay on a prorated scale of
                                                   danger/hazardous duty special pay. Prorates          1/30 for each day spent in a qualifying area.
                                                   monthly $225 special pay based on the number of      Authorizes full hostile fire and imminent danger
                                                   days spent in a qualifying location.                 pay when eligibility is based on actual exposure to
                                                                                                        hostile fire or a hostile mine explosion.
Sec. 631-636 – Similar provisions                  Sec. 621 – Consolidation and reform of travel        Senate provision adopted (Sec. 631).
                                                   and transportation authorities. Authorizes
                                                   SecDef to conduct pilot programs to save costs,
                                                   ensure system integrity. Requires 100% electronic
                                                   claims processing within 5 years.

No similar provision                               Sec. 622 – Travel and transportation transition.     Senate provision adopted (Sec. 632).
                                                   Requires SecDef to develop 10-year transition plan
                                                   to consolidate/reform travel and transportation.
Sec. 641 – Expansion of the uniform funding        No similar provision                                 Provision not adopted
authority to include PCS and temporary duty
lodgings operated through the
nonappropriated fund. Adds PCS and
temporary duty lodging programs to the
nonappropriated fund used for MWR programs.
Sec. 646 –Enhanced commissary store pilot          No similar provision                                 Provision not adopted
program. DECA may operate an enhanced
commissary store at a military installation
designated for closure or adverse realignment
under BRAC. Enhanced commissary can sell
alcohol and tobacco as commissary merchandise
at least 10% below community price. It can
operate between 1 Oct 2011 and 31 December
2013.

                                                                                                                                             12
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                    Senate (H.R. 1540)                                  Conference (H.R. 1540)
Sec. 662 – Treatment of victims of Fort Hood         No similar provision                                Provision not adopted
Shooting. Servicemembers who were killed or
wounded will be treated as if they were in a
combat zone and as result of enemy action. DoD
civilians will be treated as having been killed or
wounded while serving in an armed forces
contingency operation and in a terrorist attack.
Sec. 902 – Redesignation of the Department of        No similar provision                                Provision not adopted
the Navy as the Department of the Navy and
Marine Corps.
Sec. 931 – Total Force Management. Requires          No similar provision                                House provision adopted (Sec. 931).
SecDef to develop and implement total force
management plan for appropriate mix of active,
reserve, civilians and contractors.
Sec. 955 – Quadrennial Defense Review. Sense         No similar provision                                House provision adopted (Sec. 942) with an
of Congress that the QDR is a critical strategic                                                         amendment that strikes the Sense of Congress.
document and should be based on a process                                                                The conferees note that QDR report is important
unconstrained by budgetary influences.                                                                   and intended to be based on analysis
                                                                                                         unconstrained by the budget environment.
                                                                                                         Conferees emphasize that the QDR should allow
                                                                                                         Congress to assess the levels of acceptable risk
                                                                                                         and then evaluate DoD’s budget request.
No similar provision                                 Sec. 1088 (Amdt #1056) – Improve transition of      Provision not adopted
                                                     servicemembers with experience operating
                                                     motor vehicles into careers operating motor
                                                     vehicles. SecDef and Sec Transportation shall
                                                     study the legislative and regulatory actions needed
                                                     to facilitate the obtaining a commercial driver’s
                                                     license by transitioning servicemembers with
                                                     driving experience. Within 90 days both secretaries
                                                     must report on their findings and lay out what steps
                                                     they can implement without legislation, and identify
                                                     any legislative needs for the program.
No similar provision                                 Sec. 4101 – MyCAA funding reduction. Cuts            Senate provision adopted.
                                                     MyCAA funding by $120 million from
                                                     administration request.

                                                                                                                                             13
                         Senate and House Provisions for the FY 2012 National Defense Authorization Act

House (H.R. 1540)                                   Senate (H.R. 1540)                                   Conference (H.R. 1540)


Report Language
                                                    Military commuter centers (pg. 96-97). DoD
                                                    urged to promote carpools, van pools, and mass
                                                    transit, including designation of local
                                                    offices/officials responsible for that.
                                                    Camp Lejeune water contamination (pg 100-
                                                    101). Directs SecNavy to issue corrected
                                                    notifications to Camp Lejeune registrants, retract
                                                    misleading 2010 booklet and issue corrected
                                                    booklet.
Army unit manning effects on readiness (pg.
107). Directs GAO report on Army personnel
readiness by Feb 28, 2012, to include analysis of
ops tempo effect, personnel strengths vs.
requirements, Army rules and policies for
calculating personnel readiness, Army procedures
for meeting manning goals, and extent Army has
planned to address current and projected
shortages.
Expedited clearance processing for wounded
warriors (pg. 115). Directs SecDef to establish
DoD hiring policy that ensures employment
applications aren’t disqualified for lack of
clearance.
                                                    GAO follow-up review of service academy and
                                                    prep school admissions policy and procedures
                                                    and DoD oversight (pg. 119). Report due NLT Feb
                                                    29, 2012.
                                                    SecAF shall implement formal process for
                                                    validating, resourcing, and allocating MPA man
                                                    days for reserve components in budget process
                                                    with report to Congress due Oct 1, 2011 (pg.
                                                    119-120).

                                                                                                                                  14
                         Senate and House Provisions for the FY 2012 National Defense Authorization Act

                                                    Military departments urged to identify and
                                                    adopt best practices of US SOCOM care
                                                    coalition for wounded warriors and family
                                                    support program (pg. 121-122).
                                                    Preventing foreclosure of servicemember
                                                    mortgages (pg. 123). Encourages DoD to expand
                                                    its efforts to prevent foreclosures of
                                                    servicemembers homes. Focus should be on
                                                    educating servicemembers about their legal rights
                                                    under SCRA and other programs while
                                                    emphasizing financial responsibility. Endorses the
                                                    department’s initiative to make a website available
                                                    to mortgage servicers to verify if a delinquent
                                                    borrower is currently serving on active duty.
                                                    Science and math in DODEA Schools (pg. 124).
                                                    Commends DoDEA efforts to stress science/math
                                                    and requires brief to SASC staff on performance
                                                    and options to expand.
                                                    Basic allowance for housing for areas with
                                                    housing shortages (pg. 128). Urges DoD to
                                                    implement GAO recommendations to improve the
                                                    BAH process in areas where available housing used
                                                    to determine BAH rates is not fully representative
                                                    of market costs for adequate housing.
Community College of the Air Force (pg. 131).
Committee requests SecDef to review the
feasibility of allowing enlisted members of other
services, including USCG, to attend CCAF.
Expanding use of online education in DODEA
(pg 132). Committee directs SecDef to study the
potential cost-savings and achievement
improvements of introducing K-12 online
learning in the DODEA system. Report due 1
Apr 2012.
Use of electronic media for Family Support
Programs (pg. 132). High ops tempo requires

                                                                                                          15
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

flexible means of delivering media, especially for
the reservists and families. SecDef will report on
delivering family support programs using
commercial electronic media. Report due NLT
31 Mar 2012.

Commissary/Exchange privileges for non-DoD
federal employees overseas (pg. 147).
Committee believes it may be appropriate to open
access if employee’s agency reimburses cost to
DoD. Directs SecDef report on feasibility NLT
March 31, 2012.

Tax increase prevention and consolidation act
(pg. 148). Committee believes IRS can certify
NAF contractors aren’t delinquent on taxes, and
that service commissary/exchange/MWR should
be exempt from implementing 3% tax
withholding for their manufacturers.



Guard and Reserve Provisions
House (H.R. 1540)                                    Senate (H.R. 1540)                                 Conference (H.R. 1540)
Sec 411 – Guard/Reserve End Strength.                Sec. 411 – Similar provision                       House provision adopted (Sec. 411).
Increases Navy Reserve end strength by 700; Air
Force reserve by 200.
Sec. 412 – Active Duty in support of Reserve.        Sec. 412 – Active duty in support of Reserve.      House provision adopted (Sec. 412).
Decreases Navy Reserve support end strength by       Leaves end strength levels unchanged from
351; Air Force Reserve by 330; increases Air         FY2011.
Nat’l Guard by 249.
Sec. 413 – End strength dual status                  Sec. 413 – End strength dual status technicians.   House provision adopted (Sec. 413).
technicians. Increases Air Force Reserve by 57;      Leaves end strength levels unchanged from
Air Nat’l Guard by 115.                              FY2011.
Sec. 414 – Non-dual status technician                Sec. 414 – Similar provision                       House provision adopted (Sec. 414).
limitation. No changes from FY2011.

                                                                                                                                          16
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                     Senate (H.R. 1540)                                     Conference (H.R. 1540)
Sec. 415 – Max Reserve personnel authorized           Sec. 415 – Similar provision                           House provision adopted (Sec. 515).
for active duty for operational support. No
changes from FY2011.
Sec. 511 – Leadership of the National Guard           Sec. 1602 (Amdt # 1072) – similar provision.           Senate provision adopted (Sec. 512) with an
Bureau. The Chief of the Nat’l Guard will hold                                                               amendment that amends section 10502 of title 10
the rank of General. “Director of the Joint Staff                                                            to provide that as a member of the JCS, Chief,
of the National Guard Bureau” will be designated                                                             NGB has a specific responsibility of addressing
Vice Chief of the National Guard Bureau and will                                                             matters involving non-federalized National Guard
hold the rank of Lieutenant General. Both                                                                    forces in support of homeland defense and civil
positions will be excluded from the limitations on                                                           support issues.
flag and general officers.
No similar provision                                  Sec. 511 – Authority to order members of the           Senate provision adopted (Sec. 516) with an
                                                      selected reserve and certain members of the IRR        amendment to allow the service secretaries to
                                                      to active duty for preplanned missions. Military       order members of the reserves to active duty for
                                                      secretaries can order members of the Selected          less than 1 year in support of a combatant
                                                      Reserve and certain members of the IRR to active       command.
                                                      duty for less than 1 year. Can’t exceed 60,000 at
                                                      any time, and only if included in budget.
Sec. 512 – Preparation counseling for members         Sec. 513 – Modification of time in which               Senate provision adopted (Sec. 513)
of the Reserve components. Adds pre-                  servicemembers must be provided pre-
separation counseling for members of the Reserve      separation counseling. Authorizes
component.                                            commencement of pre-separation counseling for
                                                      demobilizing members less than 90 days before
                                                      projected separation of operational requirements for
                                                      earlier start
Sec. 513 – Deferral of mandatory separation of        No similar provision                                   House provision adopted (Sec. 514).
military technicians (dual status) until age 60.
Leaves the deferral of mandatory retirement for
dual status technicians up to the discretion of the
Sec Army/Sec Air Force.
Sec. 514 – Consideration for promotion for            No similar provision                                   House provision adopted (Sec. 517).
reserve officers employed as military
technicians. Dual status officers retained beyond
mandatory removal date are not eligible for
consideration for promotion.

                                                                                                                                                  17
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                  Senate (H.R. 1540)                                     Conference (H.R. 1540)
No similar provision                               Sec. 514 – Report on termination of military           Senate provision adopted (Sec. 519).
                                                   technician as a personnel management category.
                                                   Independent study of feasibility and advisability of
                                                   eliminating the military technician category due
                                                   NLT 1 year after enactment.
Sec. 515 – Chief of National Guard Bureau.         Sec. 1603 (Amdt #1072) similar provision               Senate provision adopted (Sec. 512). See above.
Designates Chief of National Guard as advocate
and liaison for state guards including equipment
and force structure changes and includes the
Chief as a member of the Joint Chiefs of Staff.
No similar provision                               Sec. 582 – Enhancement and improvement of              Senate provision adopted (Sec. 590).
                                                   Yellow Ribbon reintegration program. Restates
                                                   the function of the CoE on reintegration to focus on
                                                   the ‘lessons learned’ suggestions of State
                                                   Guard/Reserve, training state level representatives,
                                                   and identifying best practices in delivery of
                                                   information and outreach services.
Sec. 611 –Extension of certain bonus and           Similar provision (Sec. 611)                           House provision adopted (Sec. 611).
special pay authorities for Reserve forces.
Extends various reenlistment, enlistment, and
special pay to members of the Ready Reserve
through 31 December 2012.
No similar provision                               Sec. 633 – Repeal of Sense of Congress on FY           Provision not adopted
                                                   computation of early reserve retirement credit.
                                                   Repeal sec. 635 of FY2011 NDAA.

No similar provision                               Sec. 641 (S Amdt #1143) – No reduction in Basic        Senate provision adopted (Sec. 661) with an
                                                   Allowance for Housing for NG servicemembers            amendment requiring SecDef to study the
                                                   who transition between AD and NG without a             implications of BAH on Guard members
                                                   break in active service.                               transitioning between full time title 32 and title 10
                                                                                                          orders. Taking into account current laws, policies,
                                                                                                          and practices, and the well being of the
                                                                                                          servicemembers. Report due NLT 5 months after
                                                                                                          enactment.


                                                                                                                                                 18
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                    Senate (H.R. 1540)                                     Conference (H.R. 1540)
Sec. 1080a – Report on the Guard and Reserve         No similar provision                                   Provision not adopted
components. SecDef will report a plan to ensure
that services have access to trained, experienced,
and ready members of the NG/Reserve for any
mission less than war, capitalize on the gains
made in readiness during the past 10 years, and
ensure the total force is able to sustain
commitments using the Guard/Reserve in a
predictable and stable manner. Report due NLT
180 days after enactment.
No similar provision                                 Sec. 1093 (Amdt # 1133) – Reemployment rights          Senate provision adopted (Sec. 575).
                                                     following certain National Guard duty. Provides
                                                     for employment and reemployment rights for
                                                     certain individuals ordered to full-time Title 32 NG
                                                     Duty.
No similar provision                                 Sec. 1605 (Amdt #1072) – Report on                     Senate provision adopted (Sec. 1080A) with an
                                                     comparative analysis of costs of comparable            amendment requiring a report on the costs of a
                                                     units of the reserve components and regular            sample of deployable units in the active
                                                     components. Report on the cost comparison              component and the costs of a sample of a similar
                                                     between regular and reserve units and report on the    deployable unit in the reserve components. Report
                                                     advisability of increasing the number of reserve       due NLT 180 days after enactment.
                                                     component units within the total force structure.
                                                     Report due NLT 180 days after enactment.
No similar provision                                 Sec. 1608 (Amdt #1072) – Requirements relating         Senate provision adopted (Sec. 518) with an
                                                     to NG officers in certain command positions.           amendment that fully qualified officers of the
                                                     Commander of Army Group North will be a Army           National Guard and Reserves shall be considered
                                                     Nat’l Guard Officer. Commander of AF North             appointment to the positions of Commander of
                                                     Command will be an Air Nat’l Guard Officer.            Army Group North and AF North Command.

Report Language
                                                     Ensuring knowledge of USERRA (pg. 121). DoD
                                                     should ensure that Reservists and Guardsmen are
                                                     informed of their protections under USERRA and
                                                     periodically surveyed in order to identify what
                                                     violations are occurring and which are reported.

                                                                                                                                               19
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act


Wounded warrior implementation (pg. 133).
Directs NGB to reissue instructions to state and
territory HQ with additional guidance to ensure
implementation of authority for dual status
technicians to continue as technicians when loss
of selected reserve membership is due to combat-
related disability.


Retired Issues

House (H.R. 1540)                                    Senate (H.R. 1540)                                Conference (H.R. 1540)
Sec. 561 – Control and administration of the         No similar provision                              House provision adopted (Sec. 561).
Armed Forces Retirement Home.
Administration, including health and medical
care, shall remain under the control and
administration of SecDef.
Sec. 563-565 – Establishment of the Armed            Similar provisions (Sec. 1425-1426) regarding     House provisions adopted (Sec. 563 and 564).
Forces Retirement Home Advisory Council,             advisory council, administration and ombudsman,   Sec. 565 is amended to require the COO with the
resident advisory committees, and fee                but does not include fee increases.               approval of SecDef, to prescribe monthly fees.
increases. The local boards of trustees are
replaced by advisory council to provide guidance
to the Chief Operating Officer. Council will
report annually to SecDef on the facilities and to
IG on possible investigations. Members of the
council designated by SecDef, and council seats
occupied by particular specialties (e.g. nursing
home expert, JAG, gerontologist, finance etc). A
resident advisory committee will represent the
residents of the homes. Leadership of the homes
changed from a Director, Deputy Director, and
Associate Director to an administrator and
ombudsman. Maximum monthly fees increased
by $238 for independent residents, $356 for
assisted living and $594 for long-term care.



                                                                                                                                          20
                         Senate and House Provisions for the FY 2012 National Defense Authorization Act

Survivor Issues

House (H.R. 1540)                                  Senate (H.R. 1540)                                 Conference (H.R. 1540)
Sec. 351 – Adoption of military working dog.       No similar provision                               House provision adopted (Sec. 351).
Department secretary may offer adoption of
military dog to the immediate family members of
a dog-handling servicemember killed or seriously
wounded in action.
No similar provision                               Sec. 631 – Repeal of automatic enrollment in       Provision not adopted
                                                   family SGLI for servicemembers married to
                                                   other servicemembers. Exempts servicemembers
                                                   married to one another for the family SGLI since
                                                   the other servicemember is automatically insured
                                                   under the same program.
No similar provision                               Sec. 634 (S Admt # 1151) - Death gratuity and      Senate provision adopted (Sec. 651) with an
                                                   related benefits for reserves who die during an    amendment that removes the retroactive
                                                   authorized stay at their residence during or       application of the provision. Conferees
                                                   between successive days of inactive duty           recommend SecArmy use the appropriate
                                                   training. Provide a death gratuity and related     authority including Sec. 127 of Title 10 to
                                                   benefits for Reserves who die during an            equitably resolve cases occurring before
                                                   authorized stay at their residence during or       enactment of this Act.
                                                   between successive days of inactive duty
                                                   training
Sec. 651 – SSIA increase. Increases SSIA           Sec. 635 (Amdt # 1209) – Repeal of SBP/DIC         Provisions not adopted
payments from FY2013 to 2017. Includes             offset. End deduction of VA survivor benefits
placeholder payments to extend the program         (DIC) from military Survivor Benefit Plan
through FY2021. New payment schedule: FY13         annuities.
from $90 to $163; FY14 from $150 to $200;
FY15 from $200 to $215; FY16 from $275 to
$282; FY17 from $310 to $314; FY18 $9; FY19
$15; FY20 $20; FY21 $27.




                                                                                                                                        21
                        Senate and House Provisions for the FY 2012 National Defense Authorization Act

Veterans/Other Provisions
House (H.R. 1540)                                Senate (H.R. 1540)                                      Conference (H.R. 1540)
No similar provision                             Sec. 346 (S Amdt #1114) – Space Available travel        Sec. 346 Require the Comptroller General to
                                                 program. Gives SecDef authority to create a             review the effect on the cost and capacity of the
                                                 budget neutral space available travel program.          program if it were extended to un-remarried
                                                 Eligibility includes active duty, reserves (including   widows of active and reserve component
                                                 grey area), retirees, un-remarried survivors, and       members, and expanded for gray area retirees to
                                                 dependents.                                             include overseas travel.
Sec. 531 – Retroactive award of Army Combat      No similar provision                                    Provision not adopted
Badge. Sec Army may award to any person who
participated in a combat mission in which the
person personally engaged, or was engaged by the
enemy during any time period between 7 Dec
1941 and 11 Sept 2001. Eligible recipients can
procure the badge directly from the suppliers.
Sec. 551 – Army National Military Cemeteries. No similar provision                                       House provision adopted (Sec. 591).
Sec Army shall develop, fund, and administer
Arlington National and the U.S. Soldiers and
Airmen’s Home National Cemetery. They’ll also
establish an Arlington National advisory
committee responsible for monument creation and
master planning. By June 1, 2012 all ANC
interment and inurnment records will be digitized.
SecArmy will schedule periodic inspections and
DoD IG will conduct inspections in 2012 & 2014.
Sec. 552 – DoD Inspector General inspection of No similar provision                                      House provision adopted (Sec. 552) with an
military cemeteries. Inspector General shall                                                             amendment that clarifies that the inspector general
inspect each military cemetery and make                                                                  of each service shall inspect each military
recommendations for regulation, management,                                                              cemetery under the jurisdiction of that military
oversight, and operation of cemeteries. Report                                                           department.
due NLT 31 March 2012.
No similar provision                               Sec. 581 – Cold War Service Medal. Authority to       Provision not adopted
                                                   issue a Cold War Service Medal.
Sec. 592 – Display of DC and territorial flags     No similar provision                                  Provision not adopted
by armed forces. SecDef will ensure whenever
the flags of the 50 states are displayed by the

                                                                                                                                              22
                         Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                   Senate (H.R. 1540)                     Conference (H.R. 1540)
armed forces that the flags of DC, Puerto Rico,
U.S. Virgin Islands, Guam, American Samoa, and
the Northern Marianas are also flown.
Sec. 596 – Sense of Congress on Taps at             No similar provision                   Provision not adopted
military funerals. Sense of Congress that at a
military funeral or other memorial service `Taps'
should be played live when possible.
Sec. 599b – Review awarding of Medal of             No similar provision                   Sec. 595 Secdef to review submissions of names
Honor to Jewish American World War I                                                       and supporting documents regarding any Jewish
veterans. SecArmy and SecNavy will review the                                              recipients of the Distinguished Service Cross or
service records of every Jewish American WWI                                               Navy Cross who may be recommended for an
veteran to determine whether the veteran should                                            upgrade to the Medal of Honor, provided
be posthumously awarded the Medal of Honor.                                                submission is within 1 year of enactment.
Sec. 599d – Request for award of Medal of           No similar provision                   House provision adopted (Sec. 594).
Honor to Emil Kapaun for acts of valor during
the Korean War.
Sec. 2864 – Report on the Homeowners                No similar provision                   House provision adopted (Sec. 2867).
Assistance Program. SecDef will report on the
estimated cost if the program was expanded to
include PCS applicants who purchased a home
between 1 Jul 2006 and 1 Jul 2008, the cost of
expanding the program to those who moved on
PCS orders between 30 Sept 2010 and 30 Sept
2011, and the number of servicemembers who
PCS between these dates and suffered a 10% or
greater decline on the value of their home from
their purchase date. Report due NLT 180 days
after enactment.




                                                                                                                               23
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

Health Care Provisions

House (H.R. 1540)                                     Senate (H.R. 1540)                                    Conference (H.R. 1540)
Sec. 317 – Health assessment reports required         No similar provision                                  House provision adopted (Sec. 316).
for open-air burn pits. SecDef shall submit a
health assessment report for each open-air burn
pit located where at least 100 personnel have been
employed for 90 consecutive days or more.
Report shall include epidemiological description
of short and long term health risks posed by pits,
and an assessment of operational and health risks
when no alternative disposal method is feasible
for the burn pit. Report due NLT 180 days after
enactment.
Sec. 542 – Expansion of Reserve health                Sec. 543 – Similar provisions                         Senate provision adopted (Sec. 556) with an
professional’s stipend program to include                                                                   amendment requiring recipients receiving a
students in mental health degree programs in                                                                stipend under this authority to serve in the
critical wartime specialties. Military secretaries                                                          Selected Reserve
may include persons seeking a clinical
psychology or social work degree.
No similar provision                                  Sec. 542 – Grade of commissioned officers in          Provision not adopted
                                                      uniformed medical accession programs. Medical
                                                      students shall be appointed the rank of 01. If they
                                                      meet certain criteria they can be promoted to 02.
Sec. 546 – Education and employment                   No similar provision                                  Provision not adopted
advocacy program for wounded warriors.
SecDef shall obligate $15 million for education
and employment advocacy pilot program to
engage wounded warriors early in their recovery.
Sec. 575 – Mental health support for military         No similar provision                                  Provision not adopted
personnel and families. SecNavy shall obligate
$3 million for a program to train personnel to
recognize and respond to combat stress disorder,
suicide risk, substance abuse, risk taking behavior
and family violence.



                                                                                                                                               24
                         Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                   Senate (H.R. 1540)                                    Conference (H.R. 1540)
Sec. 576 – Report on DoD autism pilot. SecDef       No similar provision                                  House provision adopted (Sec. 577) with an
will report on evaluation of consumption patterns                                                         amendment to include all other efforts being
of autism treatment services including intensity                                                          conducted by DoD on autism services in the
and volume, on all DoD autism pilot programs                                                              required report.
NLT 14 March 2013.
No similar provision                                Sec. 583 – Report on process for expedited            Senate provision adopted (Sec. 596).
                                                    determination on disability of members with
                                                    certain disabling conditions. SecDef will report
                                                    on feasibility and advisability of establishing a
                                                    process to expedite the determination of disability
                                                    for servicemembers suffering from certain disabling
                                                    diseases or conditions. Report due NLT 1 Sept
                                                    2012.
Sec. 593 – Military adaptive sports program.        No similar provision                                  House provision adopted (Sec. 589) with an
SecDef may establish an adaptive sports program                                                           amendment requiring SecDef to consult with
for servicemembers who are wounded in the line                                                            SecVA to avoid duplicating programs conducted
of duty.                                                                                                  under Sec. 521A of Title 38.
Sec. 594 – Wounded warrior careers program.         No similar provision                                  Provision not adopted
SecDef will obligate $1 million to establish a
DoD career development program for severely
wounded warriors and their spouses. The
program will run from 2012-2016 and will work
with the Education and Employment Initiative.
Sec. 612 – Extension of certain bonuses and         Sec 611 similar provision                             House provision adopted (Sec. 612).
special pay to health care professionals.
Extends authority to award bonus and special pay
through 31 December 2012.
Sec. 622 - Mandatory travel and                     No similar provision                                  Provision not adopted
transportation reimbursement allowances for
non-medical attendants for seriously ill and
wounded servicemembers. Per diem and/or
transportation and travel reimbursement must be
provided to non-medical attendants of wounded
servicemembers whose presence may contribute
to the servicemembers’ health and welfare.

                                                                                                                                             25
                           Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                       Senate (H.R. 1540)                                 Conference (H.R. 1540)
No similar provision                                    Sec. 632 – Limitation on availability of funds     Provision not adopted
                                                        pending report on provision of special
                                                        compensation for servicemembers injured or ill
                                                        requiring assistance in everyday living. DoD can
                                                        use no more than 50 percent of the OUSD for PR
                                                        travel budget until USD P&R reports to Congress
                                                        on caregiver compensation authority in 37 USC
                                                        439.

Sec. 663 – Report on incentives for recruitment         No similar provision                               House provision adopted (Sec. 663).
and retention of health care professionals for
the reserve component. The Surgeons General
of the services will report on their staffing needs
for health care professionals, identify most critical
needs, and recommend incentives for those with
20+ years of clinical experience to join the active
or reserve components. Report due NLT 90 days
after enactment.

Sec. 701 – Annual enrollment fees for                   Sec. 701 – SecDef may only increase annual         Sec. 701 implements Senate provision and
TRICARE Prime. Sense of Congress that career            enrollment fee by same percentage as military      clarifies the baseline for adjustments for FY2013
military people endure unique and extraordinary         retired pay COLA (no sense of Congress).           is the enrollment fee for retirees who enrolled for
demands throughout their career which constitute                                                           the first time in FY12 ($260 single/$520 family).
a significant pre-paid health premium. SecDef
may only increase annual enrollment fees by an
amount equal to the percentage by which military
retired pay is increased.

Sec. 702 – Food to members and dependents               No similar provision                               House provision adopted (Sec. 704).
not receiving MTF inpatient care. Authorizes
DoD to provide food for family members of
infants receiving inpatient care after
circumstances SecDef approves.




                                                                                                                                                 26
                         Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                   Senate (H.R. 1540)                                    Conference (H.R. 1540)
No similar provision                                Sec. 702 – Maintenance of the adequacy of             Sec. 715. Specifies that aTRICARE managed care
                                                    TRICARE provider networks. Network                    support contract including the requirement to
                                                    providers are not considered subcontractors for       establish, manage, or maintain a network of
                                                    purposes of the Federal Acquisition Regulation or     providers shall not be considered to be a contract
                                                    any other law.                                        for the performance of health care services or
                                                                                                          supplies on the basis of that requirement.
Sec. 703 – Behavioral health support for            No similar provision                                  House provision adopted (Sec. 703) with an
members of the reserve components of the                                                                  amendment that would make the requirement to
armed forces. SecDef shall provide any reservist                                                          provide access to mental health assessments
performing inactive-duty training during                                                                  permissive, and require that funding for these
scheduled unit training with access to mental                                                             programs be provided from operations and
health care and training on suicide                                                                       maintenance accounts from the reserve
prevention/response at no cost to the member.                                                             components.
Sec. 704 – Transition enrollment of Uniformed       Sec. 703 – Similar provision but the effective date   House provision adopted (Sec. 708).
Services Family Health Plan (USFHP).                is 30 Sept 2011.
Requires beneficiaries enrolling in USFHP after
September 30, 2012 to transition to TFL at 65.
Sec. 705 – Mental health assessments for            No similar provision                                  House provision adopted (Sec. 702) with an
servicemembers deployed in support of a                                                                   amendment that would align the timing of mental
contingency operation. SecDef will provide                                                                health assessments with the timing of required
person-to-person mental health assessments in the                                                         periodic health assessments.
60 days before a deployment, once every 180
days during deployments, and once in the 90-180
day period after a deployment.
No similar provision                                Sec. 705 (Amdt #1298) – Extension of time limit       Senate provision adopted (Sec. 712).
                                                    for TRICARE claim submittal for care provided
                                                    outside the U.S. Claims made outside U.S., Puerto
                                                    Rico, or other U.S. possessions will be accepted up
                                                    to three years after services are provided.
Sec. 706 - TRICARE Standard for the IRR.            No similar provision                                  Provision not adopted
TRICARE Standard will be provided to members
of the IRR who have not reach age 60 and
currently serving in the IRR who have served at
least 1 year on active duty after 11 Sept 2011.
Enrollment fee will be the same as for TRR.

                                                                                                                                              27
                           Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                     Senate (H.R. 1540)                                   Conference (H.R. 1540)
Sec. 711 – Unified Medical Command.                   No similar provision                                 Sec. 716 requires SecDef to submit a report on the
Establish 4-star unified medical command to                                                                options developed by the task force established by
provide medical services. All MTFs, training                                                               the Dep. SecDef to review governance model
organizations, and research entities to be under                                                           options for the military health system. SecDef
the command, which shall develop programs and                                                              cannot proceed on restructuring the health care
doctrine, prepare and submit budget to SecDef,                                                             system until 120 days after the Comptroller of the
exercise authority, direction, and control over                                                            US submits a report on the strengths, weaknesses,
funds, training forces, validate requirements, and                                                         and costs of each option.
monitor promotions, assignments, retention etc.
Defense Health Agency will be established and
led by a 3-star. TMA and all other TRICARE
programs would fall under the new DHA. NLT
1Jul 2012 SecDef shall submit a plan to Congress
on establishing the Unified Medical Command.
No similar provision                                  Sec. 711 – Travel for anesthesia for child-birth     Senate provision adopted (Sec. 705) but limits
                                                      for command sponsored dependents assigned to         travel to MTF nearest US port of entry and allows
                                                      remote OCONUS locations. Grants air travel           barring CONUS travel if loss of such patients
                                                      authority to CONUS through 30 Sept 2016.             would reduce competency of obstetrical staff at
                                                                                                           nearest overseas MTF.
Sec. 712 – Limitation on the availability of          No similar provision                                 House provision adopted (Sec. 712).
funds for the future of electronic medical
records program. Limits the amount of
appropriated funds for procurement, research,
development, testing, and evaluation to 10
percent of total until 30 days after SecDef reports
to Congress on architecture and process for
transitioning to electronic medical records that is
cost effective.
No similar provision                                  Sec. 712 – Transitional health benefits for          Senate provision adopted (Sec. 712).
                                                      servicemembers with extension of active duty
                                                      following active duty in support of a contingency
                                                      operation. 180 day health benefit extension will
                                                      begin on the date the member is separated from the
                                                      extension on active duty.



                                                                                                                                               28
                           Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                      Senate (H.R. 1540)                                     Conference (H.R. 1540)
Sec. 713 – Expansion of state licensure for            Sec. 721 – Similar provision without a Sense of        House provision adopted (Sec. 713) with an
certain health care professionals. Sense of            Congress.                                              amendment to delete the sense of Congress and
Congress that mental health care access in rural                                                              required reports.
areas must be easier. Expands licensure by
allowing health care professionals in any location
to be licensed so long as the practice is within the
scope authorized.
No similar provision                                   Sec. 713 – Codification and improvement of             Senate provision adopted (Sec. 711).
                                                       procedures for mental health evaluations of
                                                       servicemembers. SecDef will lay out regulations
                                                       for commanders and supervisors to give mental
                                                       health referrals. The process will aim to reduce the
                                                       stigma of seeking mental health care, prohibit the
                                                       use of referrals for retaliation against
                                                       whistleblowers, lay out the procedure for inpatient
                                                       evaluations, and provide remedies to
                                                       servicemembers who believe they were referred
                                                       improperly.
Sec. 721 – Review of women-specific health             No similar provision                                   House provision adopted (Sec. 725) with an
services and treatments for female                                                                            amendment requiring the Comptroller General to
servicemembers. SecDef to review the                                                                          carry out a review of women specific health
availability, efficacy, and adequacy of                                                                       services and treatments and report NLT than 31
reproductive health care, women-specific                                                                      Dec 2012.
preventive care, and treatment for sexual assault
or abuse. Report due NLT 31 March 2012.
Sec. 722 – Comptroller General review of               Similar provision (Sec. 1071).                         Senate provision adopted (Sec. 1098).
DoD/VA medical facility demonstration
project. Reviews are due NLT 31 Jul of 2011,
2013, and 2015.

                                                       Sec. 722 – Clarification on confidentiality of         Senate provision adopted (Sec. 714).
                                                       medical quality assurance records. Includes peer
                                                       reviewed activity as confidential medical records
                                                       effective January 1, 2012.


                                                                                                                                                 29
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                    Senate (H.R. 1540)                     Conference (H.R. 1540)
Sec. 723 – Comptroller General review of             No similar provision                   House provision adopted (Sec/ 726).
contracted health care staffing for MTFs.
Review of contracting practices used by
departments to provide health care services by
civilian providers, and an assessment to determine
if contracting is the most cost effective way to
provide services. Report due NLT 31 Mar 2012.
Sec. 724 – Treatment of Wounded Warriors.            No similar provision                   House provision adopted (Sec. 724) with an
SecArmy will establish a program to enter public-                                           amendment that authorizes SecDef to establish
private partnerships to enable coordinated, rapid                                           partnerships.
clinical evaluations and deployment of novel
treatment strategies for wounded warriors – with
an emphasis on musculoskeletal injuries. $3
million will be obligated in funding.
Sec. 725 – Cooperative health care agreements.       No similar provision                   Provision not adopted
Obligates $500,000 for cooperative health care
agreements between MTFs and local and regional
health care systems.
Sec. 726 – Prostate cancer imaging research          No similar provision                   Provision not adopted
initiative. Obligates additional $2 million.
Sec. 727 – Defense Centers of Excellence for         No similar provision                   Provision not adopted
PTSD and TBI. Additional $2 million.

Sec. 728 – Collaborative military-civilian           No similar provision                   Provision not adopted
trauma training programs. Adds $3 million.
SecDef shall report on effectiveness of training
within 120 days of establishing the program.
Sec. 729 – TBI. Adds $1 million for                  No similar provision                   Provision not adopted
development of national medical guidelines
regarding post-acute rehabilitation.

Sec. 730 – Competitive programs for alcohol          No similar provision                   Provision not adopted
and substance abuse. Adds $5 million for
continued support.


                                                                                                                               30
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                    Senate (H.R. 1540)                     Conference (H.R. 1540)
Sec. 731 – Pilot program on payment for              No similar provision                   Provision not adopted
treatment of servicemembers and veterans for
TBI and PTSD. SecDef and SecVA will carry
out a 5 year pilot program to provide payment to
servicemembers and veterans for treatment
(including diagnostic) of TBI and PTSD in
civilian health care facilities.
Sec. 732 – Report on establishment of registry       No similar provision                   Provision not adopted
on occupational and environmental chemical
hazards. SecDef will report on establishment of
registry NLT 31 March 2012.
Sec. 733 – Provision of rehabilitative               No similar provision                   House provision adopted (Sec. 706).
equipment under the Wounded Warrior Act.
SecDef may provide severely injured or ill
servicemembers with rehabilitative equipment,
including recreational sports equipment,
regardless of whether equipment is intentionally
designed to be adaptive.
Sec. 734 – Sense of Congress on PTSD – Sense         No similar provision                   Provision not adopted
of Congress that access to treatment for members
with post-traumatic stress disorder should be
expanded to include local and community
medical facilities.
Sec. 735 – Report on research and treatment of       No similar provision                   House provision adopted (Sec. 723) with
PTSD. SecDef will report on the benefits of                                                 clarifying amendment. Conferees urge SecDef to
neuroimaging research in an effort to identify and                                          consider the potential benefits of neuroimaging for
increase the diagnostic properties of PTSD.                                                 wounded, ill, and injured servicemembers with
Report due NLT one year after enactment.                                                    PTSD and to explore interagency and extramural
                                                                                            research.
Sec. 736 – Study of breast cancer among              No similar provision                   Provision not adopted
servicemembers and veterans. SecDef and
SecVA will jointly study the incidence of breast
cancer among members of the armed forces
(including Guard/Reserve) and veterans. Report
due 18 months after enactment.

                                                                                                                                 31
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act


House (H.R. 1540)                                    Senate (H.R. 1540)                                   Conference (H.R. 1540)
Sec. 737 – Transfer of DCOE for PTSD and             No similar provision                                 Provision not adopted
TBI from TMA to a military department.
Sec. 738 – Report on memorandum regarding            No similar provision                                 House provision adopted (Sec. 724) with an
TBI. SecDef will report on how to identify, refer,                                                        amendment requiring SecDef to report on DoD
and treat TBI with respect to servicemembers                                                              policy relating to the management of concussions
who served in OEF and OIF before June 2010                                                                and mild TBI in deployed settings, the
when the 50 meter distance from an explosion                                                              effectiveness of the policy in identifying and
criterion was established. Report due NLT 180                                                             treating blast related concussive injuries, and the
days after enactment.                                                                                     effect of the policy on operational effectiveness in
                                                                                                          theater. Report due NLT 180 days after passage.
Sec. 739 – Frequency of reports on continued         Sec. 704 – Similar provision and also extends        Senate provision adopted (Sec. 721).
viability of TRICARE Standard and Extra.             surveys through 2015.
Reports will be biennial instead of bi-annual.
No similar provision                                 Sec. 1071 – Modification of dates of Comptroller     Senate provision adopted (Sec. 1098).
                                                     General report the joint medical facility project,
                                                     North Chicago and Great Lakes. Changes report
                                                     requirement from annual requirement to not more
                                                     than 2 years after the execution of the executive
                                                     agreement, and not later than 30 Sept 2015.
No similar provision                                 Sec. 1080B (Amdt # 1143) – Comptroller               Senate provision adopted (Sec. 1076).
                                                     General review of medical research and
                                                     development relating to improved combat
                                                     casualty care. Requires the Comptroller
                                                     General to review medical research and
                                                     development sponsored by the Department of
                                                     Defense relating to improved combat casualty
                                                     care and saving lives on the battlefield. Report
                                                     due NLT 1 Jan 2013.

Report Language
Wounded warrior service dog programs (pg. 117).
DoD Should expand its participation in NGO
programs that facilitate connection between
service dogs and wounded warriors.


                                                                                                                                                32
                         Senate and House Provisions for the FY 2012 National Defense Authorization Act



                                                   Military adaptive sports programs (pg. 123).
                                                   USD P&R to coordinate wounded warrior policies
                                                   with the Director of Paralympics of the VA to
                                                   ensure programs remain robust and achieve
                                                   maximum benefit.
                                                   TRICARE Prime enrollment fee (pg. 129)
                                                   Committee plans to review options for enrollment
                                                   fee adjustments to include possibility of phased
                                                   approach in future, as early as FY2014.

                                                   Colorectal cancer screening for DoD
                                                   beneficiaries (pg. 131). Committee urges SecDef
                                                   to continue a robust and active preventative services
                                                   program to increase awareness and participation in
                                                   all available cancer screening services.
                                                   DCOEs for Psychological health and TBI (pg.
                                                   132). Committee urges ASD (HA) to continue to
                                                   make improvements in the management and
                                                   programs of DCOEs for Psychological Health and
                                                   TBI, to include evaluation organizational changes
                                                   to improve centers’ leadership and strategic
                                                   direction.
                                                   Exploration of care management options under
                                                   TFL and USFHP (pg 132). Committee believes
                                                   DoD and USFHP are uniquely positioned to partner
                                                   with CMS to demonstrate the benefits of continued
                                                   care management and improved health outcomes
                                                   for DoD beneficiaries after they become Medicare
                                                   eligible. Directs SecDef to report on the
                                                   department’s progress in developing and evaluating
                                                   care management options under TFL and USFHP.
                                                   Report due 1 Feb 2012.
Consolidations of disability evaluation system
(pg. 147). Committee concerned that services are
awarding disparate ratings. SecDef to report by

                                                                                                           33
                          Senate and House Provisions for the FY 2012 National Defense Authorization Act

August 1, 2012 on feasibility, cost, legislation to
implement consolidated DoD system.
Clinical social workers (pg. 156). Encourages
DoD to continue exploring strategies to rapidly
increase number of mental health professionals,
including clinically trained social workers
Cost share for acute care prescriptions (pg.
156). Directs SecDef study of feasibility of
applying mail-order cost share for initial retail
dispensing of medications for acute care. Report
due March 30, 2012.
Spinal cord injury program (pg. 157). Directs
SecDef to foster research to develop treatments
for chronic post-injury period of a spinal cord
injury event.
Mental health and TBI (pg. 157) Directs SecDef
to complete within 6 years; (1) 5-year pilot to
provide payment for any treatments demonstrated
to be effective including care in non-MTFs; (2)
neurophotonics program for TBI and chronic
traumatic encephalopathy; (3) program to use
mindfulness-based, cognitive skills training and
(4) program to train behavioral health
professionals in biofeedback and other exposure
therapies.
TRICARE Pharmacy cost savings (pg. 158).
Urges DoD to raise its generic drug dispensing
rate.




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