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FY11 National Defense Authorization Act. Bill Status as of 10 June 2010 House (HR 5136) Passed in Committee Passed in Chamber 19 May 10 28 May 10 Senate (S 3454) 27 May 10. Highlights of HR 5136.

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fy11 national defense authorization act

FY11 National Defense Authorization Act

Bill Status as of 10 June 2010

House (HR 5136) Passed in Committee Passed in Chamber

19 May 10 28 May 10

Senate (S 3454) 27 May 10

highlights of hr 5136
Highlights of HR 5136
  • Non-Dual Status Technicians – includes the Presidential request for an additional 920 for the NG; also increases statutory cap from 1,950 to 2,870;
  • NGREA(NG & Reserve Equipment Account) Authorization – authorizes $700M
  • NG Techs Adverse Personnel Action Appeals - eliminates the current state-based personnel grievance procedures for NG Techs under Title 32 & shifts it to federal procedures under Title 5.
highlights of hr 51363
Highlights of HR 5136
  • Retention of Technician Bonus & Education Pay – prohibits the repayment of enlistment/reenlistment bonuses or the termination of any educational assistance provided to members of the NG that become dual status technicians.
  • Military Construction Authorization – authorizes an additional discretionary $60M for the ARNG & $50M for the ANG.
highlights of s 3454

Highlights of S 3454

Non-Dual Status Technicians – does not include the Presidential request of an additional 920 technicians.

Border Mission – requires that not less than 6,000 NG members perform operations & missions along the southern border.

Readiness Center Study – requires the Sec. of the Army to provide a report by 1 Feb 2011 on a study of NG readiness centers.

highlights of s 34545

Highlights of S 3454

Access to the Operational Reserve – includes the opinion of the Senate Armed Services Committee (SASC) that current authorities may not offer the flexibility for the effective use of the operational reserve & recommends the Sec. Def. review current authorities and submit legislative proposals for additional authority needed to facilitate involuntary activation of NG members or units to support operational requirements.

Military Construction Authority - authorizes additional funding above the Presidential request for both ARNG/ANG.

military personnel policy
Military Personnel Policy
  • Pre-separation Counseling – the house bill requires individual pre-separation counseling for RC members;
  • Military Correction Board Remedies for NG members – the house bill clarifies that NG members fall within the jurisdiction of the boards operated by the secretaries concerned to correct military records;
  • Temporary Employment of Non-Dual Status Techs – both bills would allow for the temporary employment of non-dual status techs for no more than two years to fill the vacancy created by the mobilization of a d.s.t.
military personnel policy7
Military Personnel Policy
  • Direct Appointment of Merchant Marine Academy (MMA) Graduates to the NG – the senate bill allows for direct commissioning of MMA graduates to the NG;
  • Revised Structure & Function of the Reserves Forces Policy Board (RFPB) – both bills would amend the structure & function of the RFPB;
  • Merit System Protection Board & Judicial Remedies for NG Techs – the house bill would eliminate the current state-based personnel grievance procedures for NG Techs under title 32 & shift to federal procedures under title 5.
military personnel policy8

Military Personnel Policy

Increase Maximum Age for ROTC Candidates – the senate bill increases the maximum age from 31 to 35 for prospective candidates for NG/R ROTC scholarships;

Service Commitments for Reservists – the senate bill would allow members of the Selective Reserve that accept fellowships, scholarships, or grants to fulfill their service commitment in active duty or in the Selective Reserve by agreement.

military personnel policy9

Military Personnel Policy

Leave of Members of the RC – the senate bill would authorize RC members to carry over leave from periods of active service; it would also allow members to sell accumulated or carried over leave in the event they separate or retire from the RC;

Modification of Yellow Ribbon Reintegration Program (YRRP) – the house bill would provide services to members & family members; it also requires an analysis of the effectiveness of the YRRP; & also adds resiliency training;

military personnel policy10

Military Personnel Policy

Support from the Dept. of Ed (DoE) to Cover Costs of New NG Youth ChalleNGe Programs – the house bill allows the DoE to provide financial assistance to cover the difference in the amt provided by the DoD & the total cost of a new state NG Youth ChalleNGe Program;

Study on Treatment of the RC – the house bill requires the DoD IG to submit a study by 31 Dec10 on the treatment of the RC at mob/demob, pre-/post deployment med exams, & the quality of care/patterns of treatment before, during, & after deployments.

compensation personnel benefits
Compensation/Personnel Benefits
  • Pay Increase – the house bill provides a 1.9% increase;
  • Reservist Income Replacement & Federal Civilian Employees – both bills prohibit replacement payments to members of the RC that are also federal civilian employees eligible for another income repayment program;
  • Bonus Authority – both bills provide authority to pay the following bonuses (Select Reserve Reenlistment; Select Reserve Affiliation or Enlistment; Ready Reserve Enlistment (w/wo prior service); Select Reserve Enlistment (prior service) & special payments are extended for 1yr
compensation personnel benefits12
Compensation/Personnel Benefits
  • Travel & Transportation Allowances for Inactive Duty Training Outside of Normal Commuting Distances – the house bill authorizes a 1-yr extension;
  • Travel & Transportation for Yellow Ribbon Events (YRE) – both bills allow authorized travel of designated members of the uniformed services to/from YRE; related travel expenses may be reimbursed;
  • Equity in Compensation for Retired Pay for Reserves Members Wounded in action – the house bill would require calculations for retired pay for RC members wounded in action to be based on total yrs of service, not active duty;
compensation personnel benefits13
Compensation/Personnel Benefits
  • Elimination of Age Requirement for Health Care Benefits for Non-Regular Retirees – the house bill allows RC members under age 60 that are eligible for non-regular retirement pay to receive health care benefits;
  • Clarification of Effect of Ordering RC to Active Duty to Receive Medical Care – the house bill ensures that members of the RC, ordered to active duty, receive medical care for wounds, injuries, or illnesses incurred while on qualified active duty & appro. credit for calculating retired pay;
compensation personnel benefits14
Compensation/Personnel Benefits
  • Sense of Congress Regarding Retired Pay for Non-Regular Service – changes made in the FY 08 NDAA to reduce the retirement age of RC members by 3 months for every 90 days on active duty, does not require the qualifying service to be wholly served in the same fiscal yr. The bill requires the DoD to correct this incorrect interpretation;
  • Retention of Enlistment/Reenlistment Bonus, & Student Loan Benefits Received by D.S. Techs – the house bill prohibits the repayment of the above or the termination of any educational assistance provided to members of the RC who become D.S. Techs.
compensation personnel benefits15
Compensation/Personnel Benefits
  • Additional Incentives for Recruitment/Retention of Medical Professionals for the RC – the house bill requires the Surgeons General of the ARMY & Air Force to submit a report not later than 90 days after enactment of the NDAA on the staffing needs for health care professionals in the active duty and RC.
health care
Health Care
  • H.C. Professional Licensure Requirements for Members of the NG – both bills clarify licensure requirements of health care professionals who are also members of the NG performing duty under title 32. The bills provide that these individuals performing training or duty under title 32 in response to an actual or potential disaster must hold a current license to practice medicine, osteopathic medicine, dentistry, or other health profession. The language is identical in both bills.
general provisions

General Provisions

National Guard Support to Secure the Southern Border – the senate bill requires the Sec Def to deploy not fewer than 6,000 members of the NG under title 32 to perform various missions & operations along the southern border of the U. S. until further notice.

other authorizations

Other Authorizations

Drug Interdiction & Counter Drug Activities – the house bill authorizes $1,131,351,000 for defense-wide drug interdiction & counter drug activities. The senate bill authorizes $1,153, 851,000 for defense wide for these activities. The senate report also recognized the value of the NG Counter Drug Program and authorizes an additional $35M for the program to conduct these activities along the northern & southern borders as high priority areas.



Contact: Diane M. Zumatto

Legislative Director