senate and house provisions for the fy 2012 national...

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 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.

No similar provision House provision adopted (Sec. 254).

Sec. 361 – Consideration of foreclosure circumstances in adjudication of security 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.

No similar provision, but report language on pg. 123.

Provision not adopted

Sec. 401 – End strength. Decreases Army by 7,400; Navy by 2,961; increases Air Force by 600.

Sec. 401 – Similar provision except Navy end strength decreased by 3,000.

Senate provision adopted (Sec. 401).

Sec. 402 – Revision in permanent active duty end strength minimum levels. To identical levels as Sec. 401.

No similar provision House provision adopted (Sec.402).

Sec. 421 – Military personnel authorization. $142.2 billion

Sec. 421 – Military personnel authorization. $142.4 billion.

House provision adopted (Sec. 421). NOTE: Sec. 4401 shows conference authorized 142.0 billion

Sec. 501 – Increase in authorized strengths for Marine Corps Officers on AD in grades of 04-06. Increases the allowable number of Majors, Lieutenant Colonels, and Colonels.

Sec. 501 – Similar provision House provision adopted (Sec. 501).

Sec. 502 – General and Flag Officer reform. Removes officers released from a joint duty assignment from exemption from distribution limits. Reduces total allowable active duty Air Force Generals to 197 (-11) and lowers the minimum number of joint duty Air Forces

No similar provision House provision adopted (Sec. 502) with amendment to increase the numbers of general and flag officers on active duty to include the additional general and flag officers that will now be counted against their respective service's general and flag officer limits.

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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.

SecDef may authorize military secretaries to provide voluntary retirement incentive payment to an officer who has served between 20-29 years, and is at least 12 months away from the maximum retirement age.

Sec. 504 Limits voluntary retirement incentive to 675 officers. In addition, provision reinstates Temporary Early Retirement Authority. Both programs would be effective until 31 Dec 2018. New TERA authority excludes USCG and NOAA and bars extra credit for public service.

No similar provision Sec. 504 – Definition of joint assignment. Includes instructor positions that provide significant joint expertise.


Sec. 521 – Findings regarding the unique nature, demands, and hardships of military 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. Adopts House language, but only as “Sense of Congress.”

No similar provision Sec. 521 – Repeal of high deployment allowance. Eliminates high deployment allowance.

Sec. 530 retains the statutory authority regarding the high-deployment allowance, but makes it permissive rather than mandatory.

Sec. 522 – Policy addressing dwell time and 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.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) No similar provision Sec. 522 – Prohibition of administrative

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 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 Provision not adopted

No similar provision Sec. 523 – Expansion of regular enlisted 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 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 Pay and benefits. Extends authority to separate members under the voluntary separation pay benefit through 31 December 2018.


Sec. 525 – Policy on recruitment and 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.

Sec. 526 - Similar provision Senate provision adopted (Sec. 532).

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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 526 – Navy recruiting and advertising. 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 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 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. SecDef to work with SecVA and public/private entities to enhance the Program, to include suicide prevention as a part of basic training.

No similar provision House provision adopted (Sec. 533) with amendment that removes basic training elements and includes pre-separation counseling that covers services available following separation.

Sec. 529 – Designation of persons authorized to 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 servicemembers and prohibition of retaliatory personnel actions. Ideologically based threats or actions of another member that the member providing information reasonably believes could be counterproductive or detrimental to US interests and security.

No similar provision House provision adopted (Sec. 523) but expands protection include servicemembers who complain or disclose information that the member reasonably believes constitutes evidence of a threat.

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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 531 – Judicial review for military personnel decisions relating to correction of military records. Requires BCMR to issue concise statements of factual and legal basis for denial decisions, along with statement of procedures and timing for seeking judicial review. BCMR must precede judicial review and any judicial review must be sought within 1 year of final BCMR decision.

Sec. 553 – Procedures for review of certain military personnel decisions. Final secretarial denial of a request to correct a member’s record must provide the factual and legal basis for the decision together with a statement of the procedure and time for obtaining a review of the decision. Requires that BCMR application must precede any judicial review. Allows 3 years after denial to seek judicial review.

Provisions not adopted

Sec. 532 – Acceptance of gifts authority. Eligibility expanded to include all members of armed forces serving in combat zone. Regulations prescribed by SecDef must apply retroactively to injuries/illnesses incurred since 9/11/2001.

No similar provision House provisions adopted (Sec. 543) with an amendment that authorizes the acceptance of gifts after enactment of the FY2012 NDAA.

Sec. 533 – Additional condition on repeal of 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 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 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


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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 programs for servicemembers being separated from active duty or retired. Service Secretary may permit separating or retiring servicemembers to participate in an apprenticeship program that provides employment skills training to help transition into a civilian career.

Sec. 525 – Employment skills training for active duty servicemembers transitioning to civilian life. Military secretaries may carry out job training and employment skill training for servicemembers expected to be discharged within 180 days to help them transition to civilian life.


No similar provision Sec. 541 – Enhancement of authorities on joint professional education. Authority to credit graduates of the National Defense Intelligence College with Joint Professional Military Education Phase I. Eliminates requirement to teach Phase II only in residence.

Senate provision adopted (Sec. 552) with an amendment that would authorize SecDef to carry out a pilot program to assess the feasibility/advisability of offering a Phase II program on other than in-residence basis.

Sec. 544 – Appointments to service academies 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 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.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 545 – Temporary authority to waive 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. 546 – Similar provisions Senate provision adopted (Sec. 553).

Sec. 547 – Report on tuition assistance program for off duty training or education. SecDef must report to armed services committees on methods to increase efficiency of tuition assistance programs NLT 270 days after enactment. Report will include analysis of the effects of requiring servicemembers to pay 25 percent of their education expenses.

No similar provision Senate provision adopted (Sec. 555) but expands the report to cover Ed. assistance for spouses, a description of the costs of the program – including information from institutions receiving funds from 09-11, and an assessment on the advisability/feasibility of requiring institutions of higher learning to make available certain information regarding their program.

No similar provision Sec. 547 (Amdt # 1276) – Pilot program on receipt of civilian credentialing for skills required for military occupational specialties. Requires pilot program to assess options for enlisted members get civilian credentialing/ licensing based on duty experience. Program must commence within nine months of enactment.

Senate provision adopted (Sec. 558) with an amendment that requires SecDef to complete the program NLT five years after the commencement of the program. Conferees encourage SecDef to include an assessment of the feasibility of obtaining a commercial driver’s license as an element of the program.

Sec. 548 – Troops to teachers program. Transfers responsibility and authority for program from SecEd to SecDef effective 1 Oct 2011.

Sec. 1048 – FY2012 administration and report on Troops to Teachers program. SecDef may 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 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


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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,

sexual assault, and sexual misconduct under the UCMJ.

Senate provision adopted (Sec. 541) with an amendment that would delete the repeal of Article 125 of the UCMJ.

No similar provision Sec. 554- DoD support programs for programs 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 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 with significant numbers of military dependents. $10 million for schools with enrollment changes due to BRAC.

Sec. 571 - $25 million for schools with a significant number of military dependents. Sec. 572 - $5 million for children with severe disabilities.

House provision 572 adopted (Sec. 572) and Senate provision 572 adopted (Sec. 571).

Sec. 573 – Protection of child custody 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


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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

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 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 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 DoD military spouse employment programs. Direct a review of all current DoD military spouse employment programs. DoD will also report on the number of spouses who have obtained employment following participation in one of their programs. Report due 180 days after enactment.

Senate provision adopted (Sec. 578) with an amendment to include a review of the total funding available, the amount obligated for each program, and the number of spouses who have obtained employment following participation in a program.

Sec. 578 – Matters to be covered by preseparation counseling for servicemembers and their spouses. Adds survivor benefits,


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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 prevention and response in the armed forces. Require: (1) flag officer/SES as Director of Sexual Assault Prevention and response office; (2) require SecDef to issue guidance implementing task force report recommendations within 60 days; (3) require services to prescribe regulations on legal assistance and services to 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.

Sec. 561- 566 – similar provisions Most provisions adopted (Secs. 581-585) with amendments. One exception is House provision 584/Senate provision 564 which would have established a privilege against disclosure of communications between a victim of sexual assault and a Sexual Assault Response coordinator, Sexual Assault Victim Advocate, and DoD Helpline personnel.

No similar provision Sec. 584 – Report on the achievement of 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 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 services for certain organizations and activities outside DoD. Limits annual obligations in FY2012 and beyond to $20 million a year.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 595 – Study of the military necessity of the 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 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 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 of names and images of servicemembers.


Sec. 599c – Limitation on military musical units. Limits appropriation of funds for military musical units at $200 million.


Sec. 601 – Military pay raise. 1.6% pay raise in 2012.

No similar provision (specific authority not needed, as existing law provides ECI raise).

Provision not adopted (specific authority not needed as existing law provides ECI raise).

Sec. 602 – Resumption of authority to provide 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 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.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 611- 616 – One year extension of various authorities for special pay, incentive pay, bonuses, and referrals. Extends bonus, special pay, incentives, and referrals until 31 December 2012.

Sec. 611 - Similar provisions consolidated with no extension of referral bonuses.

House provisions adopted (Sec. 611-615) with the exception of the health professional referral bonus.

Similar provision Sec. 612 – Modification of qualifying period for payment of hostile fire and imminent danger/hazardous duty special pay. Prorates monthly $225 special pay based on the number of days spent in a qualifying location.

Senate provision adopted (Sec. 616) with an amendment that bases pay on a prorated scale of 1/30 for each day spent in a qualifying area. Authorizes full hostile fire and imminent danger 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 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. Requires SecDef to develop 10-year transition plan to consolidate/reform travel and transportation.


Sec. 641 – Expansion of the uniform funding 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 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.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 662 – Treatment of victims of Fort Hood 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 the Navy as the Department of the Navy and Marine Corps.


Sec. 931 – Total Force Management. Requires SecDef to develop and implement total force management plan for appropriate mix of active, reserve, civilians and contractors.


Sec. 955 – Quadrennial Defense Review. Sense of Congress that the QDR is a critical strategic document and should be based on a process unconstrained by budgetary influences.

No similar provision House provision adopted (Sec. 942) with an amendment that strikes the Sense of Congress. The conferees note that QDR report is important 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 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 MyCAA funding by $120 million from administration request.

Senate provision adopted.

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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).

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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

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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. Increases Navy Reserve end strength by 700; Air Force reserve by 200.


Sec. 412 – Active Duty in support of Reserve. Decreases Navy Reserve support end strength by 351; Air Force Reserve by 330; increases Air Nat’l Guard by 249.

Sec. 412 – Active duty in support of Reserve. Leaves end strength levels unchanged from FY2011.

House provision adopted (Sec. 412).

Sec. 413 – End strength dual status technicians. Increases Air Force Reserve by 57; Air Nat’l Guard by 115.

Sec. 413 – End strength dual status technicians. Leaves end strength levels unchanged from FY2011.


Sec. 414 – Non-dual status technician limitation. No changes from FY2011.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 415 – Max Reserve personnel authorized for active duty for operational support. No changes from FY2011.


Sec. 511 – Leadership of the National Guard Bureau. The Chief of the Nat’l Guard will hold the rank of General. “Director of the Joint Staff of the National Guard Bureau” will be designated Vice Chief of the National Guard Bureau and will hold the rank of Lieutenant General. Both positions will be excluded from the limitations on flag and general officers.

Sec. 1602 (Amdt # 1072) – similar provision. Senate provision adopted (Sec. 512) with an amendment that amends section 10502 of title 10 to provide that as a member of the JCS, Chief, NGB has a specific responsibility of addressing matters involving non-federalized National Guard forces in support of homeland defense and civil support issues.

No similar provision Sec. 511 – Authority to order members of the selected reserve and certain members of the IRR to active duty for preplanned missions. Military secretaries can order members of the Selected Reserve and certain members of the IRR to active duty for less than 1 year. Can’t exceed 60,000 at any time, and only if included in budget.

Senate provision adopted (Sec. 516) with an amendment to allow the service secretaries to order members of the reserves to active duty for less than 1 year in support of a combatant command.

Sec. 512 – Preparation counseling for members of the Reserve components. Adds pre-separation counseling for members of the Reserve component.

Sec. 513 – Modification of time in which servicemembers must be provided pre-separation counseling. Authorizes commencement of pre-separation counseling for demobilizing members less than 90 days before projected separation of operational requirements for earlier start

Senate provision adopted (Sec. 513)

Sec. 513 – Deferral of mandatory separation of 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 reserve officers employed as military technicians. Dual status officers retained beyond mandatory removal date are not eligible for consideration for promotion.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) No similar provision Sec. 514 – Report on termination of military

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. 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.

Sec. 1603 (Amdt #1072) similar provision Senate provision adopted (Sec. 512). See above.

No similar provision Sec. 582 – Enhancement and improvement of 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 special pay authorities for Reserve forces. Extends various reenlistment, enlistment, and special pay to members of the Ready Reserve through 31 December 2012.

Similar provision (Sec. 611) House provision adopted (Sec. 611).

No similar provision Sec. 633 – Repeal of Sense of Congress on FY computation of early reserve retirement credit. Repeal sec. 635 of FY2011 NDAA.


No similar provision Sec. 641 (S Amdt #1143) – No reduction in Basic Allowance for Housing for NG servicemembers who transition between AD and NG without a break in active service.

Senate provision adopted (Sec. 661) with an amendment requiring SecDef to study the implications of BAH on Guard members 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.

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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 1080a – Report on the Guard and Reserve 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 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 comparative analysis of costs of comparable units of the reserve components and regular components. Report on the cost comparison between regular and reserve units and report on the advisability of increasing the number of reserve component units within the total force structure. Report due NLT 180 days after enactment.

Senate provision adopted (Sec. 1080A) with an amendment requiring a report on the costs of a sample of deployable units in the active component and the costs of a sample of a similar deployable unit in the reserve components. Report due NLT 180 days after enactment.

No similar provision Sec. 1608 (Amdt #1072) – Requirements relating to NG officers in certain command positions. Commander of Army Group North will be a Army Nat’l Guard Officer. Commander of AF North Command will be an Air Nat’l Guard Officer.

Senate provision adopted (Sec. 518) with an amendment that fully qualified officers of the National Guard and Reserves shall be considered appointment to the positions of Commander of 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.

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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 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 Forces Retirement Home Advisory Council, resident advisory committees, and fee 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.

Similar provisions (Sec. 1425-1426) regarding advisory council, administration and ombudsman, but does not include fee increases.

House provisions adopted (Sec. 563 and 564). Sec. 565 is amended to require the COO with the approval of SecDef, to prescribe monthly fees.

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Survivor Issues

House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 351 – Adoption of military working dog. 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 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 related benefits for reserves who die during an authorized stay at their residence during or between successive days of inactive duty training. Provide a death gratuity and related benefits for Reserves who die during an authorized stay at their residence during or between successive days of inactive duty training

Senate provision adopted (Sec. 651) with an amendment that removes the retroactive application of the provision. Conferees recommend SecArmy use the appropriate authority including Sec. 127 of Title 10 to equitably resolve cases occurring before enactment of this Act.

Sec. 651 – SSIA increase. Increases SSIA payments from FY2013 to 2017. Includes placeholder payments to extend the program through FY2021. New payment schedule: FY13 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.

Sec. 635 (Amdt # 1209) – Repeal of SBP/DIC offset. End deduction of VA survivor benefits (DIC) from military Survivor Benefit Plan annuities.

Provisions not adopted

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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

program. Gives SecDef authority to create a budget neutral space available travel program. Eligibility includes active duty, reserves (including grey area), retirees, un-remarried survivors, and dependents.

Sec. 346 Require the Comptroller General to review the effect on the cost and capacity of the program if it were extended to un-remarried widows of active and reserve component members, and expanded for gray area retirees to include overseas travel.

Sec. 531 – Retroactive award of Army Combat 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. 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 military cemeteries. Inspector General shall inspect each military cemetery and make recommendations for regulation, management, oversight, and operation of cemeteries. Report due NLT 31 March 2012.

No similar provision House provision adopted (Sec. 552) with an amendment that clarifies that the inspector general of each service shall inspect each military cemetery under the jurisdiction of that military department.

No similar provision Sec. 581 – Cold War Service Medal. Authority to issue a Cold War Service Medal.


Sec. 592 – Display of DC and territorial flags by armed forces. SecDef will ensure whenever the flags of the 50 states are displayed by the


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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 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 Honor to Jewish American World War I veterans. SecArmy and SecNavy will review the service records of every Jewish American WWI veteran to determine whether the veteran should be posthumously awarded the Medal of Honor.

No similar provision Sec. 595 Secdef to review submissions of names and supporting documents regarding any Jewish recipients of the Distinguished Service Cross or Navy Cross who may be recommended for an upgrade to the Medal of Honor, provided submission is within 1 year of enactment.

Sec. 599d – Request for award of Medal of Honor to Emil Kapaun for acts of valor during the Korean War.


Sec. 2864 – Report on the Homeowners 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.


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Health Care Provisions

House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 317 – Health assessment reports required 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 professional’s stipend program to include students in mental health degree programs in critical wartime specialties. Military secretaries may include persons seeking a clinical psychology or social work degree.

Sec. 543 – Similar provisions Senate provision adopted (Sec. 556) with an amendment requiring recipients receiving a stipend under this authority to serve in the Selected Reserve

No similar provision Sec. 542 – Grade of commissioned officers in 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 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 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.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 576 – Report on DoD autism pilot. SecDef will report on evaluation of consumption patterns of autism treatment services including intensity and volume, on all DoD autism pilot programs NLT 14 March 2013.

No similar provision House provision adopted (Sec. 577) with an amendment to include all other efforts being conducted by DoD on autism services in the required report.

No similar provision Sec. 583 – Report on process for expedited 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. SecDef may establish an adaptive sports program for servicemembers who are wounded in the line of duty.

No similar provision House provision adopted (Sec. 589) with an amendment requiring SecDef to consult with SecVA to avoid duplicating programs conducted under Sec. 521A of Title 38.

Sec. 594 – Wounded warrior careers program. 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 special pay to health care professionals. Extends authority to award bonus and special pay through 31 December 2012.

Sec 611 similar provision House provision adopted (Sec. 612).

Sec. 622 - Mandatory travel and 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.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) No similar provision Sec. 632 – Limitation on availability of funds

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 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 TRICARE Prime. Sense of Congress that career military people endure unique and extraordinary demands throughout their career which constitute 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. 701 – SecDef may only increase annual enrollment fee by same percentage as military retired pay COLA (no sense of Congress).

Sec. 701 implements Senate provision and clarifies the baseline for adjustments for FY2013 is the enrollment fee for retirees who enrolled for the first time in FY12 ($260 single/$520 family).

Sec. 702 – Food to members and dependents not receiving MTF inpatient care. Authorizes DoD to provide food for family members of infants receiving inpatient care after circumstances SecDef approves.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) No similar provision Sec. 702 – Maintenance of the adequacy of

TRICARE provider networks. Network providers are not considered subcontractors for purposes of the Federal Acquisition Regulation or any other law.

Sec. 715. Specifies that aTRICARE managed care support contract including the requirement to establish, manage, or maintain a network of providers shall not be considered to be a contract for the performance of health care services or supplies on the basis of that requirement.

Sec. 703 – Behavioral health support for members of the reserve components of the armed forces. SecDef shall provide any reservist performing inactive-duty training during scheduled unit training with access to mental health care and training on suicide prevention/response at no cost to the member.

No similar provision House provision adopted (Sec. 703) with an amendment that would make the requirement to provide access to mental health assessments permissive, and require that funding for these programs be provided from operations and maintenance accounts from the reserve components.

Sec. 704 – Transition enrollment of Uniformed Services Family Health Plan (USFHP). Requires beneficiaries enrolling in USFHP after September 30, 2012 to transition to TFL at 65.

Sec. 703 – Similar provision but the effective date is 30 Sept 2011.


Sec. 705 – Mental health assessments for servicemembers deployed in support of a contingency operation. SecDef will provide person-to-person mental health assessments in the 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 House provision adopted (Sec. 702) with an amendment that would align the timing of mental health assessments with the timing of required periodic health assessments.

No similar provision Sec. 705 (Amdt #1298) – Extension of time limit 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. 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.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 711 – Unified Medical Command. Establish 4-star unified medical command to provide medical services. All MTFs, training organizations, and research entities to be under the command, which shall develop programs and doctrine, prepare and submit budget to SecDef, exercise authority, direction, and control over funds, training forces, validate requirements, and 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. 716 requires SecDef to submit a report on the options developed by the task force established by the Dep. SecDef to review governance model options for the military health system. SecDef cannot proceed on restructuring the health care system until 120 days after the Comptroller of the US submits a report on the strengths, weaknesses, and costs of each option.

No similar provision Sec. 711 – Travel for anesthesia for child-birth for command sponsored dependents assigned to remote OCONUS locations. Grants air travel authority to CONUS through 30 Sept 2016.

Senate provision adopted (Sec. 705) but limits travel to MTF nearest US port of entry and allows barring CONUS travel if loss of such patients would reduce competency of obstetrical staff at nearest overseas MTF.

Sec. 712 – Limitation on the availability of 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 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.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 713 – Expansion of state licensure for certain health care professionals. Sense of Congress that mental health care access in rural 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.

Sec. 721 – Similar provision without a Sense of Congress.

House provision adopted (Sec. 713) with an amendment to delete the sense of Congress and required reports.

No similar provision Sec. 713 – Codification and improvement of 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 services and treatments for female servicemembers. SecDef to review the availability, efficacy, and adequacy of reproductive health care, women-specific preventive care, and treatment for sexual assault or abuse. Report due NLT 31 March 2012.

No similar provision House provision adopted (Sec. 725) with an amendment requiring the Comptroller General to carry out a review of women specific health services and treatments and report NLT than 31 Dec 2012.

Sec. 722 – Comptroller General review of DoD/VA medical facility demonstration project. Reviews are due NLT 31 Jul of 2011, 2013, and 2015.

Similar provision (Sec. 1071). Senate provision adopted (Sec. 1098).

Sec. 722 – Clarification on confidentiality of medical quality assurance records. Includes peer reviewed activity as confidential medical records effective January 1, 2012.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 723 – Comptroller General review of 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.

No similar provision House provision adopted (Sec/ 726).

Sec. 724 – Treatment of Wounded Warriors. SecArmy will establish a program to enter public-private partnerships to enable coordinated, rapid clinical evaluations and deployment of novel treatment strategies for wounded warriors – with an emphasis on musculoskeletal injuries. $3 million will be obligated in funding.

No similar provision House provision adopted (Sec. 724) with an amendment that authorizes SecDef to establish partnerships.

Sec. 725 – Cooperative health care agreements. Obligates $500,000 for cooperative health care agreements between MTFs and local and regional health care systems.


Sec. 726 – Prostate cancer imaging research initiative. Obligates additional $2 million.


Sec. 727 – Defense Centers of Excellence for PTSD and TBI. Additional $2 million.


Sec. 728 – Collaborative military-civilian 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 development of national medical guidelines regarding post-acute rehabilitation.


Sec. 730 – Competitive programs for alcohol and substance abuse. Adds $5 million for continued support.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 731 – Pilot program on payment for 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 on occupational and environmental chemical hazards. SecDef will report on establishment of registry NLT 31 March 2012.


Sec. 733 – Provision of rehabilitative 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 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 PTSD. SecDef will report on the benefits of neuroimaging research in an effort to identify and increase the diagnostic properties of PTSD. Report due NLT one year after enactment.

No similar provision House provision adopted (Sec. 723) with clarifying amendment. Conferees urge SecDef to consider the potential benefits of neuroimaging for wounded, ill, and injured servicemembers with PTSD and to explore interagency and extramural research.

Sec. 736 – Study of breast cancer among 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.


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House (H.R. 1540) Senate (H.R. 1540) Conference (H.R. 1540) Sec. 737 – Transfer of DCOE for PTSD and TBI from TMA to a military department.


Sec. 738 – Report on memorandum regarding TBI. SecDef will report on how to identify, refer, and treat TBI with respect to servicemembers who served in OEF and OIF before June 2010 when the 50 meter distance from an explosion criterion was established. Report due NLT 180 days after enactment.

No similar provision House provision adopted (Sec. 724) with an amendment requiring SecDef to report on DoD policy relating to the management of concussions and mild TBI in deployed settings, the effectiveness of the policy in identifying and treating blast related concussive injuries, and the effect of the policy on operational effectiveness in theater. Report due NLT 180 days after passage.

Sec. 739 – Frequency of reports on continued viability of TRICARE Standard and Extra. Reports will be biennial instead of bi-annual.

Sec. 704 – Similar provision and also extends surveys through 2015.


No similar provision Sec. 1071 – Modification of dates of Comptroller 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 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.

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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

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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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