FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Congressional research reportSep 30, 2008

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FY2009 National Defense Authorization Act:

Selected Military Personnel Policy Issues

(name redacted), Coordinator

Specialist in Military Manpower Policy

(name redacted)

Specialist in Military Manpower Policy

(name redacted)

Specialist in Military Manpower Policy

(name redacted)

Specialist in National Defense

September 30, 2008

Congressional Research Service

7-....

www.crs.gov

RL34590

CRS Report for Congress

Prepared for Members and Committees of Congress

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Summary

Military personnel issues typically generate significant interest from many Members of Congress

and their staffs. Ongoing military operations in Iraq and Afghanistan in support of what the Bush

Administration terms the Global War on Terror, along with the emerging operational role of the

Reserve Components, further heighten interest and support for a wide range of military personnel

policies and issues.

The Congressional Research Service (CRS) selected a number of the military personnel issues

that Congress considered as it deliberated the National Defense Authorization Act for FY2009. In

each case, this report provides a brief synopsis of sections that pertain to personnel policy. It

includes background information and a discussion of the issue, along with a table that contains a

comparison of the bill (H.R. 5658) passed by the House on May 22, 2008, the bill (S. 3001)

passed by the Senate on September 17, 2008, and the final version (S. 3001) passed by the House

on September 24, 2008 and by the Senate on September 27, 2008. Where appropriate, other CRS

products are identified to provide more detailed background information and analysis of the issue.

For each issue, a CRS analyst is identified and contact information is provided. Note: some issues

were addressed in the FY2008 National Defense Authorization Act and discussed in CRS Report

RL34169 concerning that legislation. Those issues that were previously considered in CRS

Report RL34169 are designated with a “*” in the relevant section titles of this report.

This report focuses exclusively on the annual defense authorization process. It does not include

appropriations, veterans’ affairs, tax implications of policy choices or any discussion of separately

introduced legislation.

This report will be updated as needed.

Congressional Research Service

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Contents

Tricare Fee Increases...................................................................................................................2

Tricare Reserve Select Fees.........................................................................................................3

Active Duty End Strengths ..........................................................................................................4

*Military Pay Raise.....................................................................................................................5

Use of Reserve Component Personnel to Respond to Certain Domestic Disorders .......................6

Use of Reserve Component Personnel to Respond to Certain Disasters or Emergencies ...............7

*Continuation of Authority to Assist Local Education Agencies that Benefit Dependents

of Members of the Armed Forces and Department of Defense Civilian Employees ...................8

Authority for Educating and Training for Military Spouses Pursuing Portable Careers.................9

Career Intermission Pilot Program............................................................................................. 10

Incentives for Foreign Language Proficiency and Foreign Cultural Studies................................ 11

Travel Allowances for Family of Service Members with Serious Psychiatric Conditions............ 12

Limitation on Simultaneous Deployments to Combat Zones of Dual-Military Couples

who have Minor Dependents .................................................................................................. 13

Sole Surviving Sons and Daughters........................................................................................... 14

Revised Disability Pay Computation Formula for Reserve Component Personnel

Wounded in Action................................................................................................................. 15

Searchable Military Decorations Database................................................................................. 16

Award of the Vietnam Service Medal To Veterans Who Participated in the Mayaguez

Rescue Operation................................................................................................................... 17

Protective Orders ...................................................................................................................... 18

*Implementation of Information Database on Sexual Assault Incidents in the Armed

Forces .................................................................................................................................... 19

Paternity Leave for Members of the Armed Forces .................................................................... 20

Presentation of Burial Flag to the Surviving Spouse and Children of Members of the

Armed Forces who Die in Service .......................................................................................... 21

Secretary of Defense Review of the Deferment from Deployment Policy following the

Birth of a Child ...................................................................................................................... 22

Effect of Termination of Subsequent Marriage on Payment of Survivor Benefit Plan

Annuity to Surviving Spouse or Former Spouse who Previously Transferred Annuity to

Dependent Children ............................................................................................................... 23

*Extension to Survivors of Certain Members who Die on Active Duty of Special

Survivor Indemnity Allowance for Persons Affected by Required Survivor Benefit Plan

Annuity Offset for Dependency and Indemnity Compensation................................................ 24

Enhanced Enforcement of Prohibition on Sale or Rental of Sexually Explicit Material on

Military Installations .............................................................................................................. 25

Junior Reserve Officers’ Training Corps (JROTC)..................................................................... 26

Congressional Research Service

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Contacts

Author Contact Information ...................................................................................................... 27

Congressional Research Service

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

E

ach year, the Senate and House Armed Services Committees report their respective

versions of the National Defense Authorization Act (NDAA). These bills contain

numerous provisions that affect military personnel, retirees and their family members.

Provisions in one version are often not included in another; are treated differently; or, in certain

cases, are identical. Following passage of each by the respective legislative body, a Conference

Committee is typically convened to resolve the various differences between the House and Senate

versions. This year, however, a formal Conference Committee was not appointed. Rather, a final

bill was drafted by leaders of the House and Senate Armed Services Committee, who also

published a “joint explanatory statement” which was essentially the equivalent of a conference

report. The House amended this final version into the Senate-passed version of S. 3001, and

adopted it on September 24, 2008. The Senate then approved the bill on September 27th, clearing

it for Presidential consideration.

In the course of a typical authorization cycle, congressional staffs receive many constituent

requests for information on provisions contained in the annual NDAA. This report highlights

those personnel-related issues that seem to generate the most intense congressional and

constituent interest, and tracks their status in the FY2009 House and Senate versions of the

NDAA. The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, H.R. 5658,

was introduced on March 31, 2008, reported by the House Committee on Armed Services on May

16, 2008 (H.Rept. 110-652), and passed by the House on May 22, 2008. The National Defense

Authorization Act for Fiscal Year 2009, S. 3001, was introduced on May 12, 2008, reported by

the Senate Committee on Armed Services on that same day (S.Rept. 110-335), and passed the

Senate on September 17, 2008. The entries under the headings “Original House-passed version

(H.R. 5658)” and “Original Senate-passed version (S. 3001)” in the following pages are based on

language in these bills, unless otherwise indicated. The entries under the heading “Final version

(S. 3001)” are based on the language of the bill negotiated by leaders of the House and Senate

Armed Services Committee and amended into S. 3001, as discussed above.

Where appropriate, other CRS products are identified to provide more detailed background

information and analysis of the issue. For each issue, a CRS analyst is identified and contact

information is provided. Note: some issues were addressed in the FY2008 National Defense

Authorization Act and discussed in CRS Report RL34169 concerning that legislation. Those

issues that were previously considered in CRS Report RL34169 are designated with a “*” in the

relevant section titles of this report.

Congressional Research Service

1

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Tricare Fee Increases

Background: For several years the Administration has proposed increases in co-payments and

enrollment fees for retirees and their dependents who are not Medicare-eligible. The

Administration argues that the growing costs of Defense health care, both in absolute terms and

as a percentage of the defense budget, require efforts to seek greater contributions by users. It

argues that inasmuch as Tricare Prime enrollment fees were set in 1995 and have not been raised

since, it is reasonable that they should be increased. Congress has thus far refused to give DOD

the requested authority to raise the fees.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 701 & 702 preclude DOD

from altering co-payment levels and

enrollment fees through the end of

FY2009.

Provides an additional $1.2 billion

over the Administration request to

cover rejection of the

Administration’s plans to raise

Tricare fees (according to SASC

Press Release 5/1/2008).

Section 701extends for one year the

prohibition of increases in premiums,

deductibles, and copayments under

Tricare. Section 702 prohibits for

one year increases in copayments for

pharmaceuticals in the Tricare retail

pharmacy program.

Discussion: The health care portion of the Defense budget has grown from $19 billion in FY2001

to over $42 billion in FY2008. Since 2006 DOD has been attempting to raise co-payment and

enrollment fees for retired military personnel and their dependents who are not eligible for

Medicare. (Medicare-eligible retirees can use the Tricare for Life program which would not be

affected by the proposed fee increases.) DOD asserts that retirees using Tricare Prime paid

approximately 27 percent of their health care costs in 1995 but now pay only 12 percent.

Consistent with recommendations of the Department of Defense Task Force on the Future of

Military Health Care, the proposed DOD budget for FY2009 would have gradually raised

enrollment fees for those using Tricare Prime, the HMO-like option, from the current $460

(self+dependents) to 2011 rates as high as $1,750 for retirees making over $40,000 annually.

DOD also proposed creating an enrollment fee for retirees who use Tricare Standard, the fee-forservice option, of $120 per year. In addition, DOD maintains that retail prescription usage and

costs have contributed significantly to the growth in health care spending and recommended

increases in pharmacy co-payments (along with eliminating co-payments for pharmaceuticals

provided by the DOD Mail Order Pharmacy). According to DOD, these fee increases would save

some $1.2 billion in FY2009. Opposition from beneficiary organizations has been strong and the

Government Accountability Office concluded in May 2007 that DOD’s estimates of cost savings

were over-estimated. Congress has twice denied DOD authority to increase Tricare fees in

FY2007 and FY2008, and has encouraged DOD to find other approaches to restraining the

growth of the health care budget.

Reference(s): CRS Report RS22402, Increases in Tricare Costs: Background and Options for

Congress. Task Force on the Future of Military Health Care, Final Report, December 2007

http://www.dodfuturehealthcare.net/images/103-06-2-HomeTask_Force_FINAL_REPORT_122007.pdf. Government Accountability Office, Military Health

Care: TRICARE Cost-Sharing Proposals Would Help Offset Increasing Health Care Spending,

but Projected Savings are Likely Overestimated, May 2007 http://www.gao.gov/new.items/

d07647.pdf.

CRS Point of Contact (POC): Dick Best, x7-.....

Congressional Research Service

2

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Tricare Reserve Select Fees

Background: The FY2005 Ronald W. Reagan National Defense Authorization Act (P.L. 108375) established the Tricare Reserve Select program which permitted some drilling reserve

personnel to utilize Tricare but required that they pay enrollment fees interpreted to be equivalent

to the 28 percent charged to Federal civil servants under the Federal Employees Health Benefits

Program (FEHBP). The FY2007 John Warner National Defense Authorization Act (P.L. 109-364)

extended the benefit to all drilling reservists. In December 2007 the Government Accountability

Office (GAO) found that the premiums DOD established had actually exceeded the costs of

providing the Tricare benefit.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 705 requires DOD to

recalculate premiums for Tricare

Reserve Select.

Section 701 requires DOD to base

fees on reported costs in the

previous year rather than using Blue

Cross/Blue Shield benchmarks.

Section 704 requires that for 2009

calculations for Tricare Reserve

Select premiums be based on the

actual cost of the coverage during

2006 and 2007.

Discussion: Tricare Reserve Select (TRS) provides a health care benefit to reservists who are in

drilling status and not on active duty. (Reservists called to active duty have regular Tricare

benefits that have no enrollment fees.) Current monthly premiums are $81/self or

$253/self+family. Enrollment in TRS has been lower than estimated, suggesting that premium

rates discourage selection or that reservists have access to more affordable civilian health care

options. A GAO report published in December 2007 concluded that the premiums DOD

established exceeded the reported average cost of providing care through TRS. This situation

resulted, according to GAO, from DOD having used FEHBP Blue Cross/Blue Shield rates as

benchmarks that in practice proved to be higher than necessary to cover DOD’s costs. GAO

recommended that DOD base premiums on actual costs and DOD has indicated its support for

that approach consistent with available cost data.

Reference(s): GAO Report Military Health Care: Cost Data Indicate that TRICARE Reserve

Select Premiums Exceeded the Costs of Providing Program Benefits, GAO-08-104, December

2007 http://www.gao.gov/new.items/d08104.pdf.

CRS Point of Contact (POC): Dick Best, x7-.....

Congressional Research Service

3

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Active Duty End Strengths

Background: Continuing combat operations in Iraq and Afghanistan have stressed the nation’s

armed forces, especially the Army and Marine Corps. The FY2008 NDAA supported increasing

the Army end strength by 65,000 to 547,400 by FY2012 and increasing the Marine Corps end

strength by 27,000 to 202,000, also by FY2012. While the Army and Marine Corps grow, the

Navy remains stable and the Air Force continues manpower reductions that began in 2005 to

support the recapitalization of modernized aircraft. The Air Force is projected to reduce from

359,700 in FY2005 to approximately 300,000 in FY2009.

Original House-passed version

(H.R. 5658)

Original Senate-passed

version

(S. 3001)

Final version

(S. 3001)

Section 401 authorizes a FY2009

end strength of 532,400 for the

Army, 326,323 for the Navy,

194,000 for the Marine Corps and

317,050 for the Air Force.

Section 401 authorizes a FY2009

end strength of 532,400 for the

Army, 325,300 for the Navy,

194,000 for the Marine Corps and

316,771 for the Air Force.

Section 401 authorizes a FY2009

end strength of 532,400 for the

Army, 326,323 for the Navy,

194,000 for the Marine Corps, and

317,050 for the Air Force.

Section 402 establishes new

minimum end strengths of 532,400

for the Army, 326,323 for the

Navy, 194,000 for the Marine

Corps and 317,050 for the Air

Force.

No similar provision.

Section 402 authorizes new

minimum end strengths of 532,400

for the Army, 325,300 for the

Navy, 194,000 for the Marine

Corps and 317,050 for the Air

Force.

Discussion: The Army and Marine Corps have been successful, so far, in growing to meet the

congressional goals. The Army plans to meet its ultimate goal of 547,400 by 2010, two years

earlier than the congressional benchmark. The Secretary of Defense recently recommended that

the Air Force end strength not fall below 330,000, a strength that has not yet been integrated into

the FY2009 NDAA. The House version authorized 1,023 more Navy personnel and 450 more Air

Force personnel above the budget request to restore military positions in the military medical

community. The Senate committee version authorized 171 more Air Force personnel above the

budget request to support the operation and maintenance on 76 B-52 aircraft.

Reference(s): CRS Report RL31334, Operations Noble Eagle, Enduring Freedom, and Iraqi

Freedom: Questions and Answers About U.S. Military Personnel, Compensation, and Force

Structure, by (name redacted).

CRS Point of Contact (POC): Charles Henning, x7-.....

Congressional Research Service

4

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

*Military Pay Raise

Background: Ongoing military operations in Iraq and Afghanistan, combined with end strength

increases and recruiting challenges, continue to highlight the military pay issue. Title 37 U.S.C.

1009 provides a permanent formula for annual military pay raises that indexes the raise to the

annual increase in the Employment Cost Index (ECI). The FY2009 President’s Budget request for

a 3.4 percent military pay raise was consistent with this formula. Congress, in FY2004, FY2005,

FY2006, and FY2008 approved the raise as the ECI increase plus 0.5 percent. The FY2007 pay

raise was equal to the ECI.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 601 supports a 3.9 percent

(0.5 percent above the President’s

Budget) across-the-board pay raise

that would be effective January 1,

2009.

In Section 601, the Senate also

supports a 3.9 percent pay raise to

be effective on January 1, 2009.

Section 601 authorizes a 3.9 percent

across-the-board pay increase

effective January 1, 2009.

Section 608 requires a guaranteed

pay raise of 0.5 percent above the

ECI for FY2010 through FY2013.

No similar provision.

Discussion: A military pay raise larger than the permanent formula is not uncommon. Mid-year,

targeted pay raises (targeted at specific grades and longevity) have also been authorized over the

past several years. This year’s proposed legislation includes no mention of targeted pay raises.

Reference(s): CRS Report RL33446, Military Pay and Benefits: Key Questions and Answers, by

(name redacted).

CRS Point of Contact (POC): Charles Henning at x7-.....

Congressional Research Service

5

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Use of Reserve Component Personnel to Respond to

Certain Domestic Disorders

Background: Chapter 15 of Title 10, sometimes referred to as the Insurrection Act, provides the

President with the authority to call the militia into federal service and to use “the armed forces” to

respond to certain domestic disorders, including aiding state governments in suppressing

insurrection (10 USC 331), enforcing the laws of the United States and suppressing rebellion (10

USC 332), and preventing domestic violence which interferes with the execution of federal and

state laws (10 USC 333).

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 591 would amend 10 USC

331-333 to specify that the

President’s use of the “armed

forces” under these provisions

includes “units and members of the

Army Reserve, Navy Reserve, Air

Force Reserve, Marine Corps

Reserve and Coast Guard Reserve

ordered to active duty for this

purpose.”

No similar provision.

No language was included.

Discussion: The amendments contained in Section 591 of the H.R. 5658 would specify that the

President’s authority to use the armed forces to respond to these domestic disorders includes the

ability to activate members of the federal reserve components (Army Reserve, Navy Reserve, Air

Force Reserve, Marine Corps Reserve, and Coast Guard Reserve) and use them as part of the

response effort. Activation of the Army National Guard and Air National Guard is already

provided for under the original language authorizing the President to order the militia into federal

service (the militia includes, but is not limited to, the National Guard).1

Reference(s): CRS Report RL30802, Reserve Component Personnel Issues: Questions and

Answers, by (name redacted).

CRS Point of Contact (POC): (name redacted), x7-.....

1

10 USC 311(a) defines the militia as follows: “The militia of the United States consists of all able-bodied males at

least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age, who are, or who have

made a declaration of intention to become, citizens of the United States and of female citizens of the United States who

are members of the National Guard.” 10 USC 311(b) divides the militia into the organized militia (members of the

National Guard and Naval Militia) and the unorganized militia (those members of the militia who are not members of

the National Guard or the Naval Militia).

Congressional Research Service

6

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Use of Reserve Component Personnel to Respond to

Certain Disasters or Emergencies

Background: Section 12304 of Title 10 allows the President to activate certain reservists for a

period of up to 365 days for specified purposes. This authority is commonly referred to as

Presidential Reserve Call-up (PRC) authority. A subparagraph of section 12304 prohibits the

President from using this authority for “providing assistance to either the Federal Government or

a State in time of a serious natural or manmade disaster, accident, or catastrophe,” unless

responding to an certain emergencies involving weapons of mass destruction or terrorist attacks.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 594 would amend 10 USC

12304 to allow the President to

order Selected Reserve units from

the Army Reserve, Navy Reserve,

Air Force Reserve, Marine Corps

Reserve, or Coast Guard Reserve to

active duty to assist in the response

to certain disasters or emergencies.

No similar provision.

No language was included.

Discussion: Section 594 of H.R. 5658 would allow the President to use PRC authority to activate

Selected Reserve units from the purely federal reserve components (but not the National Guard)

to respond to disasters or emergencies which met the definitions of the Stafford Act.2 A somewhat

similar provision was passed as part of the John Warner National Defense Authorization Act for

FY2007 (P.L. 109-364, section 1076); however, among other differences, it applied to the

National Guard as well as the federal reserves and was opposed by many state governors. It was

later repealed by section 1068 of P.L. 110-181.

Reference(s): CRS Report RL30802, Reserve Component Personnel Issues: Questions and

Answers, by (name redacted).

CRS Point of Contact (POC): (name redacted), x7-.....

2

See 42 USC 5122 for these definitions.

Congressional Research Service

7

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

*Continuation of Authority to Assist Local

Education Agencies that Benefit Dependents of

Members of the Armed Forces and Department of

Defense Civilian Employees

Background: Last year Congress authorized $30 million for continuation of assistance to eligible

local agencies impacted by enrollment of DOD military and civilian employee dependents, and

$10 million for assistance to agencies with significant changes due to base closures, force

structure changes, or force relocations.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 571 of the House bill asks

for ‘impact aid’ of $50 million for

local educational agencies and $15

million to those with significant

changes due to base closures, force

structure changes, or force

relocations.

Section 561 of the Senate bill calls

for $30 million for local agencies to

be authorized in ‘impact aid’ and $10

million for those with significant

changes due to base closures, force

structure changes, or force

relocations.

Section 551 authorizes $35 million in

‘impact aid’ for local agencies and

$15 million to local educational

agencies where significant changes in

enrollment are expected due to base

closures, force structure changes or

force relocations.

Section 562 would authorize $5

million in ‘impact aid’ for educational

agencies that benefit children with

severe disabilities.

Section 552 is identical to the Senate

provision.

Discussion: The language contained in the final version of S. 3001 is similar to last year’s efforts

regarding impact aid.

Reference(s): CRS Report RL34169, The FY2008 National Defense Authorization Act: Selected

Military Personnel Policy Issues, p. 7-8.

CRS Point of Contact (POC): (name redacted) at x7-.....

Congressional Research Service

8

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Authority for Educating and Training for Military

Spouses Pursuing Portable Careers

Background: Military families are relocated quite frequently during a military career. Nonmilitary spouses seeking employment at a new duty location are often frustrated because many of

the skills they have may not be portable to a new location. Often, work skills must be learned

anew. It has been reported that local employers prefer a more stable workforce with less turnover

and less training needed.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

The House bill contained a provision (Sec.

582) that would authorize the Secretary of

Defense to establish programs to assist

the spouse of an active duty service

member to receive education/training or

credit required for a degree, credential, or

licensing. The provision would also

authorize tuition assistance.

Section 571 amends 10 USC 1784

(“Employment opportunities for

military spouses”) by adding

language allowing the Secretary of

Defense to carry out programs to

provide or make available to eligible

spouses education and training to

facilitate the pursuit of a portable

career.

Section 582 “includes the

House provision with an

amendment that would clarify

that these programs may be

used to enable a spouse to

pursue a portable career, and

would clarify the definition of

portable career.” (Joint

Explanatory Statement, p. 68)

Discussion: Although this language is permissive in nature, if implemented, spouses may be

more likely to continue a career following relocation to a new duty station.

Reference(s): None.

CRS Point of Contact (POC): (name redacted) at x7-.....

Congressional Research Service

9

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Career Intermission Pilot Program

Background: Each service supports educational programs that permit selected members to

temporarily attend civilian educational institutions and then return to the parent service without

interrupting their normal career pattern. However, there is currently no program that allows an

extended break in service for personal or professional reasons.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 532 would authorize a pilot

program that allows a Service

Secretary to release selected

personnel from active duty for a

maximum period of three years to

pursue personal and professional

goals. Up to 20 officer and 20

enlisted members annually from each

armed force under the Secretaries

jurisdiction could participate in this

program during the period January 1,

2009 through December 31, 2014.

Members would incur a service

obligation of two months for every

month of program participation.

Participants and their families would

remain eligible for medical and dental

care and access to military facilities.

Section 585 would authorize a

similar program. Interim reports

would be required in 2010 and 2012

with a final report in 2015.

Section 533 authorizes a “Career

Flexibility” pilot program.

Participation is limited to 20 enlisted

personnel and 20 officers per service

per year. Service members will leave

active duty for a period up to three

years and return in the same grade

and years of service that they held

when inactivated. Time in the

program does not count for

retirement eligibility, retired pay or

years of service. Pilot program begins

on January 1, 2009 and ends on

December 31, 2014. Interim reports

are required in 2010 and 2012 with a

final report on March 1, 2015.

Discussion: These programs, called “Career Intermission” in the House report and “Career

Flexibility” in the Senate committee version, are aimed at enhancing retention by allowing

personnel an opportunity to pursue other personal or professional goals. The House and Senate

programs would be capped at 40 service members per year for each armed force and require a

service obligation of two months for every month of program participation.

Reference(s): None

CRS Point of Contact (POC): Charles Henning, x7-.....

Congressional Research Service

10

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Incentives for Foreign Language Proficiency and

Foreign Cultural Studies

Background: In recent years, both Congress and the Department of Defense have shown

significant interest in increasing the ability of military personnel to operate in foreign countries by

enhancing their cultural knowledge and foreign language proficiency. However, building these

language and cultural skills has proven challenging due to the intensive study required for

mastery and the competing demands of other training and operational requirements for currently

serving personnel. There is currently statutory authority to provide bonuses to those who are

already proficient in designated foreign languages (37 USC 316), but not for those who are

seeking to become proficient.

Original House-passed version

(H.R. 5658)

Original Senate-passed

version

(S. 3001)

Section 619 would amend 37 USC

353 to allow the Service

Secretaries to pay a proficiency

bonus of up to $12,000 per year to

regular or reserve personnel, and

to those enrolled in an officer

training program, who are “in

training to acquire proficiency in a

critical foreign language or

expertise in foreign cultural studies

or a related skill designated as

critical by the Secretary

concerned.” It also allows the

Service Secretaries to provide

those in officer training programs

who pursue such studies with up

to $1,000 per month in incentive

pay. It mandates that the Secretary

of Defense establish a pilot

program through 2013 to offer

bonuses to reservists who pursue

such studies.

Section 619 would add section

316a to Title 37. It would

authorize the Secretary of Defense

to provide up to $3,000 per year

to participants in the Senior

Reserve Officers Training Corps

and the Marine Corps Platoon

Leaders Class who participate “in a

language immersion program

approved for purposes of the

Senior Reserve Officer’s Training

Corps, or in study abroad, or is

enrolled in an academic course

that involves instruction in a

foreign language of strategic

interest to the Department of

Defense....” This section also

contains a provision to recoup

such payments if the individual

does not complete participation in

the language program or the precommissioning program.

Final version

(S. 3001)

Section 619 incorporates the

language of both the House and

Senate provisions.

Discussion: Section 619 of the original House-passed and Senate-passed bills both sought to

improve the language skills of new officer accessions by giving them a financial incentive to

study foreign languages and cultures before they begin active service. The original House

provision would have also required the Secretary of Defense to establish a pilot program for

currently serving reserve personnel who undertake such studies, and it permits the Service

Secretaries to use such financial incentives for currently serving active and reserve personnel who

pursue such studies. The original House-passed language also had a higher maximum payment

cap. The final version of S. 3001 combines both of these provisions, resulting in three distinct

options (one bonus authority and two incentive pay authorities) for compensating individuals who

seek to acquire foreign language proficiency or cultural skills. Existing provisions of law (37

USC 353(b) and 371(b)) would prevent an individual from receiving more than one proficiency

bonus or incentive pay at a time for the same period of service and skill.

Congressional Research Service

11

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Reference(s): None.

CRS Point of Contact (POC): (name redacted), x7-.....

Travel Allowances for Family of Service Members

with Serious Psychiatric Conditions

Background: Section 411h of Title 37, U.S.C., authorizes the military departments to pay travel

and transportation allowances for family members of service members who are seriously injured,

seriously ill, or in a situation of imminent death when the appropriate authority (physician,

commander of the military medical facility concerned, for example), determines that the family’s

presence may contribute to the service member’s health or welfare.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

No similar language.

The committee report (p. 346-7)

notes: “The committee strongly

believes that service members who

suffer from serious psychiatric

conditions meet the seriously injured

or seriously ill threshold under

section 411h of title 37, United

States Code, and that family

members should be afforded travel

and transportation allowances in

accordance with that section. The

committee directs the Secretary of

Defense to report to the

congressional defense committees by

June 1, 2008 on the Department of

Defense policies regarding the

eligibility of family members of such

service members to receive travel

and transportation allowances under

that section.”

No language was included.

Discussion: This Senate report language makes no change in law but suggests that the Secretary

of Defense broaden the current travel and transportation policy for family members of those with

serious psychiatric conditions.

Reference(s): None.

CRS Point of Contact (POC): (name redacted), x7-.....

Congressional Research Service

12

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Limitation on Simultaneous Deployments to

Combat Zones of Dual-Military Couples who have

Minor Dependents

Background: Section 586 of the National Defense Authorization Act for Fiscal Year 2008 (P.L.

110-181) contains the following provision: “The Secretary of Defense shall establish appropriate

procedures to ensure that an adequate family care plan is in place for a member of the Armed

Forces with minor dependents who is a single parent or whose spouse is also a member of the

Armed Forces when the member may be deployed in an area for which imminent danger pay is

authorized under section 310 of title 37, United States Code. Such procedures should allow the

member to request a deferment of deployment due to unforeseen circumstances, and the request

for such a deferment should be considered and responded to promptly.”

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 596 would remove the

second sentence of the above cited

legislation, and specify that “In the

case of a member of the Armed

Forces with minor dependents who

has a spouse who is also a member

of the Armed Forces, and the spouse

is deployed in an area for which

imminent danger pay is authorized

under section 310 of title 37, United

States Code, the member may

request a deferment of a deployment

to such an area until the spouse

returns from such deployment.”

No similar provision.

No language was included.

Discussion: Under the change proposed in H.R. 5658, a military member with minor children

who has a spouse already serving in an imminent danger pay area and facing simultaneous

deployment may request a deferment to such an area until the spouse returns from such a

deployment, regardless of the existence, or lack thereof, of “unforeseen circumstances.”

Reference(s): None.

CRS Point of Contact (POC): (name redacted), x7-.....

Congressional Research Service

13

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Sole Surviving Sons and Daughters

Background: The Department of Defense defines sole survivors as the only remaining son or

daughter in a family where the father or mother, or one or more sons or daughters, while serving

in the Armed Forces, was killed, died as a result of wounds, is captured or missing, or is

permanently 100% disabled. Sole survivors may voluntarily enlist if they waive their right to

separation as a sole surviving son or daughter but may apply for a protective assignment which

precludes their assignment to an overseas area designated as a hostile-fire or imminent danger

area. Enlisted service members who become sole survivors after entering the service may apply

for separation.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

No similar provision.

Section 651 authorizes separation

pay, transitional health care,

commissary, and exchange privileges

for service members voluntarily

separated as surviving sons and

daughters.

No language was included, as similar

language was included in the

Hubbard Act (P.L. 110-317) which as

enacted on August 29, 2008.

Discussion: The administrative discharge of a sole survivor is considered a voluntary separation.

Under current policy, if the separation occurs prior to the completion of the initial enlistment,

there are no benefits associated with the discharge. Section 651 of the Senate bill would authorize

certain benefits, typically associated with involuntary separations, for sole surviving sons and

daughters who elect to separate.

Reference(s): CRS Report RL31334, Operations Noble Eagle, Enduring Freedom, and Iraqi

Freedom: Questions and Answers About U.S. Military Personnel, Compensation, and Force

Structure, by (name redacted).

CRS Point of Contact (POC): Charles Henning, x7-.....

Congressional Research Service

14

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Revised Disability Pay Computation Formula for

Reserve Component Personnel Wounded in Action

Background: National Guard and Reserve personnel who qualify for disability retirement or

placement on the temporary disability retired list (TDRL) have their disability retired pay

calculated using a formula that factors in “years of service” or disability rating, whichever is more

favorable to the service member. However, unlike regular component personnel – who are on

duty every day of the year and receive a year of service for each year of duty—reserve

component personnel, who normally serve part-time, have their years of service calculated using

a more complex formula based on their level of participation. This method sums up a reservist’s

participation “points”3 and divides by 360 to produce the number of equivalent years of activeduty service. Given the less-than-full-time nature of reserve service, this means that an individual

who has been serving in the reserves for 20 years may only have four or five years of service for

retired pay computation purposes.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 641 would amend 10 USC

1208 so that reserve component

personnel who qualify for disability

retirement or placement on the

TDRL due to an disability for which a

Purple Heart was awarded, shall have

their years of service calculated

under 10 USC 12732 rather than 10

USC 12733.

No similar provision.

No language was included.

Discussion: Section 641 of H.R. 5658 would have modified the method of calculating “years of

service” for reservists who become eligible for disability retirement or are placed on the TDRL

based on a combat-related injury. Rather than using the reservist’s participation points to calculate

active-duty equivalent years of service, as is currently done, this provision would have awarded a

year of service for each year in which a reservist met the minimum participation standard of 50

points. Hence, under this provision, a reservists with 20 qualifying years of reserve service would

have been awarded 20 years of service for his disability retired pay computation. It would have

benefitted some combat-injured reservists, particularly those with a modest disability rating (3040%) but many years of reserve service.

Reference(s): CRS Report RL30802, Reserve Component Personnel Issues: Questions and

Answers, by (name redacted).

CRS Point of Contact (POC): (name redacted), x7-.....

3

For more information on reserve retirement points, see CRS Report RL30802, Reserve Component Personnel Issues:

Questions and Answers, by (name redacted), p. 14-15.

Congressional Research Service

15

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Searchable Military Decorations Database

Background: The House Committee notes that there have been a number of recent incidents in

which individuals have fraudulently claimed to have been awarded the Congressional Medal of

Honor or other decorations of valor. The committee believes that false claims reduce the prestige

of these decorations and that the valor of these decorations could be preserved if the general

public had access to a searchable database listing individuals and the decorations for valor they

have been awarded.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

This report language directs the

Secretary of Defense to study the

potential for establishing a searchable

database listing individuals who have

been awarded medals for valor.

Topics considered should include

cost, administrative challenges,

options of public access, as well as

issues concerning the privacy of

those listed. The study should

consider the feasibility of listing

recipients of multiple valor

decorations, but at a minimum,

report the feasibility of a database

listing only Medal of Honor

recipients. The Secretary of Defense

is directed to report the findings and

recommendations to HASC and

SASC by March 31, 2009.

No similar provision.

No language was included.

Discussion: The House bill’s report language is exploratory in nature. It is expected that this

would discourage false claims as such a list would allow for easy verification of their validity.

Such a database may raise privacy issues.

Reference(s): None.

CRS Point of Contact (POC): (name redacted), x7-.....

Congressional Research Service

16

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Award of the Vietnam Service Medal To Veterans

Who Participated in the Mayaguez Rescue

Operation

Background: On May 12, 1975, in the aftermath of the Vietnam War (approximately two weeks

after the fall of Saigon), a U.S. merchant ship, S.S. Mayaguez, was seized by the Khmer Rouge

Navy. Thirty-nine sailors were captured and taken to the island of Koh Tang. A rescue operation

was mounted and the battle began on May 15. By most accounts, the result was a failure with four

U.S. helicopters shot down or disabled and 41 Marines killed. Ironically, the number killed

outnumbered the number of sailors captured by the Khmer Rouge. Shortly thereafter, all 39

sailors were released.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 565 states “The Secretary of

the military department concerned

shall, upon application of an

individual who is an eligible veteran

[as defined], award that individual the

Vietnam Service Medal,

notwithstanding any otherwise

application requirements for the

award of that medal. Any such award

shall be made in lieu of any Armed

Forces Expeditionary Medal awarded

the individual for the individual’s

participation in the Mayaguez rescue

operation.”

No similar provision.

No language was included.

Discussion: This language in H.R. 5658 would authorize the Vietnam Service Medal for

participants in the Mayaguez rescue. It is not clear what other benefits, if any, would accrue from

recognizing these individuals in this manner.

Reference(s): None.

CRS Point of Contact (POC): (name redacted), x7-.....

Congressional Research Service

17

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Protective Orders

Background: Chapter 80 of Title 10 United States code is concerned with “Miscellaneous

Investigation Requirements and Other Duties.” It includes provisions concerning complaints of

sexual harassment, civilian orders of protection and domestic violence data.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 552 amends Chapter 80 of

Title 10 to specify that a protective

order issued by a military

commander remains a standing order

until the incident has been resolved

by investigation, courts martial or

other command determined

adjudication, or a new order is

issued.

No similar provision.

Section 561amends Chapter 80 of

Title 10 to specify that “A military

protective order issued by a military

commander shall remain in effect

until such time as the military

commander terminates the order or

issues a replacement order.”

Section 553 amends Chapter 80 of

Title 10 to state that if a military

protective order is issued against a

military member and any individual

involved in the order does not reside

on a military installation, the

commander of the military

installation must notify appropriate

civilian authorities of the issuance of

the order, the duration of the order,

and the individuals involved.

No similar provision.

Section 562 amends Chapter 80 of

Title 10 to state that if a military

protective order is issued against a

military member and any individual

involved in the order does not reside

on a military installation, the

commander of the military

installation must notify appropriate

civilian authorities of the issuance of

the order, the individuals involved,

any changes to the order, and

termination of the order.

Discussion: The intent of these provisions is to maintain a protective order until it has been

officially resolved and to ensure that civilian authorities are aware of such orders when the

individual(s) involved do not reside on a military installation.

Reference(s): None.

CRS Point of Contact (POC): (name redacted), x7-.....

Congressional Research Service

18

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

*Implementation of Information Database on

Sexual Assault Incidents in the Armed Forces

Background: Over the years reports of sexual assault involving military personnel have brought

about a number of reforms, including changes in the Uniformed Code of Military Justice,

training, and creation of the Defense Incident Based Reporting System which tracks criminal acts,

especially sex crimes, and reports these data to the Justice Department.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 554 of the House bill

contains language requiring the

Secretary of Defense to implement a

centralized, case-level database of

information regarding sexual assaults.

This database builds on earlier

congressionally mandated reporting

requirements.

No similar provision.

Section 563 adopted the House

language with an amendment

requiring the Secretary of Defense to

submit a report which contains “a

description of the current status of

the Defense Incident-Based

Reporting System” and an

explanation of how the Defense

Incident-Based Reporting System will

relate to the new sexual assault

database required by this section.

Discussion: This language would provide more centralized, more detailed and arguably better

reporting of sexual assault incidents in the Armed Forces.

Reference(s): None.

CRS Point of Contact (POC): (name redacted) at x7-.....

Congressional Research Service

19

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Paternity Leave for Members of the Armed Forces

Background: At present, when a member of the armed forces becomes the father of a child and

wishes to take time off for paternity purposes, he uses his regular leave. Such leave accumulates

at the rate of 2 ½ days per month of active service.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

No similar provision.

Section 583 of the Senate bill

modifies Chapter 40 (“Leave”)

section 701 (“Entitlement and

accumulation”) of Title 10 to afford

a member of the armed forces who

is the husband of a woman who

gives birth to a child up to 21 days of

leave to be used in connection with

the birth of the child.

Section 532 amends section 701 of

Title 10 to provide that “Under

regulations prescribed by the

Secretary concerned, a married

member of the armed forces on

active duty whose wife gives birth

to a child shall receive 10 days of

leave to be used in connection with

the birth of the child.”

Discussion: The language in the final version would provide a new type of leave for paternity

purposes, which would be in addition to the service member’s regular leave. It would apply only

to children born on or after the date of enactment.

Reference(s): None.

CRS Point of Contact (POC): (name redacted), x7-....

Congressional Research Service

20

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Presentation of Burial Flag to the Surviving Spouse

and Children of Members of the Armed Forces who

Die in Service

Background: Under 10 USC 1482(a), when a member of the armed forces dies in service, a

burial flag is presented to the person designated to direct disposition of the remains and to the

parents of the service member.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Sec 581 of the House report would

amend 10 USC 1482 to allow the

Service Secretary to pay the

expenses necessary to provide a

ceremonial burial flag to a surviving

spouse (including a remarried

surviving spouse), if the person

authorized to direct the disposition

of remains is other than a spouse.

Section 641 of the Senate bill would

amend 10 USC 1482 to allow the

Service Secretary to pay the

expenses necessary to provide a

ceremonial burial flag to the surviving

spouse (including a remarried

surviving spouse), if the person

authorized to direct the disposition

of remains is other than the spouse,

and to each surviving child.

Section 581 amends 10 USC 1482 to

authorize the Secretary concerned

to pay the expenses necessary to

provide a flag to the surviving spouse

of a deceased servicemember

(including a remarried surviving

spouse), if the person authorized to

direct the disposition of remains is

other than the spouse, and to each

surviving child.

Discussion: The House and Senate-passed bills both proposed authorizing the provision of a

burial flag to a surviving spouse if someone else is authorized to direct the disposition of remains;

the Senate-passed bill also allowed for providing a flag to the surviving children of the decedent.

The final version of the bill permits a burial flag to be presented to the surviving spouse and each

surviving child.

Reference(s): CRS Report RL32769, Military Death Benefits: Status and Proposals, by (name red

acted) and (name redacted).

CRS Point of Contact (POC): (name redacted), x7-.....

Congressional Research Service

21

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Secretary of Defense Review of the Deferment from

Deployment Policy following the Birth of a Child

Background: Current DOD policy requires a minimum of four months following the birth of a

child before a military mother can be assigned to a dependent-restricted or unaccompanied tour.

The Secretary of the military department has the authority to extend that time. The Army and the

Air Force provide a minimum of four months, while the Marine Corps defers for six months and

the Navy for up to one year.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

No similar provision.

The committee report (p. 341)

directs the Secretary of Defense to

review the policies concerning such

deployments. The review shall take

into account readiness, recruitment

and retention of female service

members, and consider differing

deployment and manpower needs,

family care plans, psychological

readiness of the member for

deployment, and personal hardship

(such as a newborn with special

medical needs). The Secretary is

directed to contact outside experts.

The committee directs the Secretary

to report to HASC and SASC by

May 1, 2009

No language was included.

Discussion: The Senate report directs the Secretary of Defense to describe changes to DOD or

service policies as the result of this review.

Reference(s): None.

CRS Point of Contact (POC): (name redacted) at x7-.....

Congressional Research Service

22

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Effect of Termination of Subsequent Marriage on

Payment of Survivor Benefit Plan Annuity to

Surviving Spouse or Former Spouse who Previously

Transferred Annuity to Dependent Children

Background: The Survivor Benefit Plan (SBP) provides annuities to the surviving spouse,

children, former spouse, or spouse/former spouse and children. If a spouse or former spouse

remarries before age 55, SBP annuities cease. Children remain eligible until age 18 or 22, if a

full-time student. An eligible child who marries loses SBP. If a spouse is eligible to receive

benefits under the Veterans Affairs Dependency and Indemnity Compensation (DIC), the SBP is

offset or reduced on a dollar- for-dollar basis. A surviving spouse of a service member killed in

the line of duty is eligible to receive both SBP and DIC. To avoid the offset, Congress allowed

survivors in this example to designate their children as SBP beneficiaries, allowing the surviving

spouse to receive VA’s DIC.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 642 would amend 10 USC

1450(b)(3) by adding this sentence at

the end: “The payment of an annuity

to a surviving spouse or former

spouse under this paragraph shall be

resumed even though the surviving

spouse or former spouse previously

transferred the annuity to a child or

children under section 1448(d)(2)(B)

of this title if, when the marriage is

so terminated, the child or children,

due to loss of dependent status,

death, or other cause, are no longer

eligible for the annuity under such

section.’‘

No similar provision.

No language was included.

Discussion: Essentially, this House language would return eligibility for SBP to a surviving

spouse or former spouse, who allowed the dependent child or children to be designated as SBP

beneficiaries to avoid the SBP/DIC offset, following the termination of the remarriage and the

end of eligibility for the child or children.

Reference(s): CRS Report RL31664, The Military Survivor Benefit Plan: A Description of Its

Provisions, by (name redacted).

CRS Point of Contact (POC): (name redacted), x7-.....

Congressional Research Service

23

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

*Extension to Survivors of Certain Members who

Die on Active Duty of Special Survivor Indemnity

Allowance for Persons Affected by Required

Survivor Benefit Plan Annuity Offset for

Dependency and Indemnity Compensation

Background: A Survivor Benefit Plan (SBP) eligible spouse who is eligible for Dependency and

Indemnity Compensation will have his or her SBP reduced or offset on a dollar-for-dollar basis by

Dependency and Indemnity Compensation (see previous page). For certain beneficiaries affected

by the offset, section 644 of the National Defense Authorization Act for Fiscal Year 2008, created

a new survivor indemnity allowance to be paid to survivors of service members who are entitled

to retired pay, or would be entitled to reserve component retired pay but for the fact they were not

yet 60 years of age. This monthly allowance, effective October 1, 2008, would be $50, and would

increase annually by $10 through FY2013.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Section 643 would extend the special

survivor indemnity allowance for

offset-effected survivors of active

duty members. Note: This special

survivor indemnity allowance is an

additional benefit and does not

represent a repeal of the SBP/DIC

offset.

No similar provision.

Final version

(S. 3001)

Section 631 adopts the House

provision.

Discussion: This final version of S. 3001 provides additional benefits to offset-affected survivors

of active duty service members.

Reference(s): CRS Report RL31664, The Military Survivor Benefit Plan: A Description of Its

Provisions, by (name redacted).

CRS Point of Contact (POC): (name redacted), x7-.....

Congressional Research Service

24

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Enhanced Enforcement of Prohibition on Sale or

Rental of Sexually Explicit Material on Military

Installations

Background: The National Defense Act for Fiscal Year 1997 (P.L. 104-201, September 23, 1996,

110 Stat. 2489) contained language that prohibited the sale of sexually explicit material on

military installations. An eight-member board (Resale Activities Board of Review) was

established to review materials for resale. Once the board determined that an item was ‘sexually

explicit,’ it was removed and not available for resale or rental on military installations. The

review board reviewed 473 titles in 1998 and determined 319 to be sexually explicit. In May,

2006, the board reversed its decision with regard to Playgirl and Penthouse. A Christian group

(Alliance Defense Fund) wrote a letter to Secretary of Defense Robert Gates protesting the sale of

these and other items.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Section 654 would amend 10 USC

2495b to establish a new ninemember “Resale Activities Review

Board” not later than 120 days after

the enactment of this act. The Board

would be required to meet within

one year after the date of

appointment and may consider all

materials previously reviewed.

No similar provision.

Final version

(S. 3001)

Section 642 adopts the House

language.

Discussion: The House language would re-establish the existing review board and modifies its

composition. Its intent grew out of efforts to ban particular items for rental or resale. This

provision was included in the final version.

Reference(s): None.

CRS Point of Contact (POC): (name redacted), x7-.....

Congressional Research Service

25

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Junior Reserve Officers’ Training Corps (JROTC)

Background: JROTC is a federal program sponsored by the Armed Forces in high schools to

instill the values of citizenship, service to the nation, personal responsibility and a sense of

accomplishment. Current law does not establish a minimum or maximum number of JROTC

programs for the Department of Defense or the Services.4 However, there are approximately

3,300 JROTC units currently operating in high schools and overseas in the Department of

Defense School System.

Original House-passed version

(H.R. 5658)

Original Senate-passed version

(S. 3001)

Final version

(S. 3001)

Section 547 supports the expansion

of JROTC to 4,000 units by 2020. It

also requires DOD to submit a

report to the defense committees by

March 31, 2009 on how the services

will achieve this goal.

No similar provision.

Section 548 authorizes the expansion

of JROTC to 3,700 units by 2020.

Requires the Secretary of Defense to

submit a report to the defense

committees by March 31, 2009 on

how the services will achieve this

goal.

Discussion: JROTC was created in 1916 and the program has been expanded several times.

While generally viewed as a positive influence on high school youth, some have criticized the

program as a military recruiting tool for the Services or a program that tends to militarize schools.

Reference(s): None.

CRS Point of Contact (POC): Charles Henning at x7-.....

4

In 1992, Congress established the maximum number of JROTC units at 3,500. However, this statutory limit was

rescinded by Section 534 of the FY2001 National Defense Authorization Act.

Congressional Research Service

26

FY2009 National Defense Authorization Act: Selected Military Personnel Policy Issues

Author Contact Information

(name redacted), Coordinator

Specialist in Military Manpower Policy

*redacted*@crs.loc.gov, 7-....

(name redacted)

Specialist in Military Manpower Policy

*redacted*@crs.loc.gov, 7-....

(name redacted)

Specialist in Military Manpower Policy

*redacted*@crs.loc.gov, 7-....

(name redacted)

Specialist in National Defense

*redacted*@crs.loc.gov, 7-....

Congressional Research Service

27

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