Analysis: HASC-passed NDAA

H.R. 4909 the National Defense Authorization Act for Fiscal Year 2017 passed favorably out of the House Armed Services Committee (HASC) with a vote of 60 to 2. In all the committee markup process took nearly seventeen hours.

Overview

There are provisions in the bill that effect EANGUS members. The EANGUS National Office staff brought numerous issues to the attention of the committee members and staff leading up to the markup, this spring: Health care plan improvements for National Guard members, to include access to the Federal Employee Health Benefit Program (FEHBP) slew of health care plans, better access to urgent care, and improving the survivor benefit plan for deaths during inactive duty training, to name a few.

One of the 2016 EANGUS Legislative Workshop point papers relating to mileage reimbursement was adopted. While the mileage tax credit was not reduced from 100 miles to 50 miles per the EANGUS point paper, the HASC provided the service secretary to review servicemembers travel expenses for inactive-duty training “outside normal commuting distances” on a case by case basis. The Guardsman or woman must live in the same state as the training location.

The Committee approved a 2.1 percent military pay raise and increased ARNG end strength to 350,000 and ANG end strength to 105,700.

Pertinent Sections of the Committee-passed Legislation

Section 527—Pilot Program on Consolidated Army Recruiting

This section follows the recommendation made by the National Commission on the Future of the Army Final Report: January 2016. This section would direct the Secretary of the Army to establish a 3-year pilot program in which recruiters from all three components (Regular, Reserve, and National Guard) are authorized to recruit individuals into any of the components, and receive credit toward periodic enlistment goals for each enlistment regardless of component.

Section 641—Maximum Reimbursement Amount for Travel Expenses of Members of the Reserves Attending Inactive Duty Training Outside of Normal Commuting Distances

Authorize the Secretary concerned, on a case-by-case basis, to reimburse travel expenses at a higher amount for Reserve Component members traveling to training from rural areas. The Guardsman or woman must live in the same state as the training location.

Section 1088—Modification of Requirements Relating to Management of Military Technicians

Delays the implementation date, from January 2017 to October 2017, on the conversion of not less than 20% of nondual status technicians with dual status technicians. This section also directs a report from DOD on the feasibility and advisability of converting any remaining dual status technicians to personnel performing Active Guard and Reserve Duty. To date, the EANGUS National Office has stayed silent on this issue, as DOD completes its internal reviews and analysis.

SECTION 624—EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR SURVIVORS OF RESERVE COMPONENT MEMBERS WHO DIE IN THE LINE OF DUTY DURING INACTIVE-DUTY TRAINING

Treatment of Inactive-Duty Training (IDT) in same manner as Active Duty. Eliminate the different treatment under the Survivor Benefit Plan accorded members of the Reserve Component who die from an injury or illness incurred or aggravated in the line of duty during Inactive-Duty training, as compared to the treatment of members of the Armed Forces who die in the line of duty while on Active Duty.

SECTION 642—STATUTE OF LIMITATIONS ON DEPARTMENT OF DEFENSE RECOVERY OF AMOUNTS OWED TO THE UNITED STATES BY MEMBERS OF THE UNIFORMED SERVICES, INCLUDING RETIRED AND FORMER MEMBERS

If, through no fault of the member, an indebtedness occurs as a result of the overpayment of pay or allowances to the member or upon the settlement of the member’s accounts, DOD may not recover the indebtedness from the member (including a retired and former members) using deductions from the pay of the member, deductions from retired or separation pay, or any other collection method unless recovery of the indebtedness commences before the end of the 10-year period beginning on the date on which the indebtedness was incurred.

SECTION 701—TRICARE Preferred and Other TRICARE Reform

Narrow Tricare options to a health maintenance organization (HMO) and preferred provider organization (PPO). The HMO would still be called Tricare Prime. Tricare Standard, the fee-for-service insurance option, would be renamed Preferred and its network of providers called a PPO.

Authorize SECDEF to establish an annual enrollment fee for TRICARE Preferred for beneficiaries who were in the Active Duty or retired categories prior to January 1, 2018.

In 2020, if DOD shows Congress they have improved overall quality and access, retirees on start paying annual enrollment fee of $100 individual, $200 family. Currently there is no annual enrollment fee.

For those enlisting on or after 1 January 2018, must pay annual fee, to include active duty

ACTIVE DUTY PRIME: $180 individual, $360 family
ACTIVE DUTY PREFERRED: $300 individual, $600 family
WHEN RETIRED PRIME: $325 individual, $650 family
WHEN RETIRED PREFERRED: $425 individual, $850 family

House panel votes to end military pay-benefit slide, tweak ex-spouse law [Stars and Stripes]

Section 704—Access to Urgent Care Under TRICARE Program

MTFs must stay open past normal business hours and maintain urgent care facilities open to 11pm—or – contract with community based urgent care clinics open to 11pm without needing a referral.

MTFs will be rightsized for their surrounding community to provide care the community cannot

Eliminates preauthorization for urgent care

SECTION 712—STUDY ON IMPROVING CONTINUITY OF HEALTH CARE COVERAGE FOR RESERVE COMPONENTS

The Secretary of Defense shall conduct a study of options for providing health care coverage that improves the continuity of health care provided to current and former members of the Selected Reserve of the Ready Reserve who are not serving on Active Duty, eligible for transition assistance, eligible for Federal Employee Health Benefit Program (FEHBP).

Study to include:

Whether to allow current and former members of the Selected Reserve to participate in FEHBP
Whether to pay a stipend to current and former members to continue coverage in a health plan obtained by the member
Whether to allow members of the National Guard assigned to Homeland Response Force Units mobilized for a State emergency to remain eligible for the TRICARE program
Any other options for providing health care coverage to current and former members of the Selected Reserve the Secretary considers appropriate

Pertinent Amendments ADOPTED During Committee Markup

Exemption of Dual Status Military Technicians from Civilian Employee Furloughs [Rep. Nugent (R-FL)]

Extended TRICARE Program Coverage for Certain Members of the National Guard and Dependents During Certain Disaster Response Duties (Rep. Larsen D-WA)]