LEGISLATIVE UPDATE
JANUARY 2008

National Defense Authorization Act FY 2008(NDAA-08):

Congress finally passed the NDAA-08 and sent it to the President on December 19, 2007. The bill is over 500 pages long with an index of about 30 pages. It contains many good things, but also some disappointments. The following depicts the final action on certain items of special interest:

Eliminate The DIC Offset To SBP: Not approved. However, a "special survivor indemnity allowance" (limited to survivors of service members who were 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) was enacted for those having such an offset, but doesn’t start until the beginning of FY2009 on October 1, 2008. Amount is $50/month during FY2009 and increases by $10 a month in each subsequent fiscal year until it reaches a maximum of $100/month in FY2014. Then on March 1, 2016, the special allowance terminates. (This action does provide a basic recognition of the inequity of the offset and a "placeholder" from which MOAA and The Military Coalition (TMC) can push for its elimination again next year and every year thereafter until successful.)

Accelerate The Effective Date Of Paid-Up Premiums For SBP To October 1, 2007: Not approved - Senate approved provision dropped during Joint Conference. (World War II veterans, who primarily are the ones affected in this case, should hold the House Armed Services Committee totally responsible for this abominable, ungrateful treatment of your group. In my opinion, there is no excuse for this unjust situation, which Congress easily could have rectified.)

Start Concurrent Receipt Retroactive To Jan. 1, 2005 For Those Rated 100% Disabled Due To Being Unemployable: Approved - but actual payment of amount due will not occur until October 1, 2008.

Combat Related Special Compensation - Expand Eligibility To Those Medically Retired For Combat Disability Before 20 Years Of Service: Approved - Payment eligibility starts on January 1, 2008.

Military Pay Raise - 3.5%: Approved - Rates effective Jan. 1, 2008. (Joint Conference dropped the House provision to continue increases in future years at least 1/2 % above private sector increases until comparability is achieved.)

Increased End Strength Levels For Active Army And Marine Corps And Reduced Levels For Navy And Air Force: Approved - The Joint Conference compromised between the House and the Senate provisions. Final FY 2008 authorized strengths are:

Army

Marines

Navy

Air Force

525,400

189,000

329,563

329,098

Compared to authorized strengths for FY 2007 this is an increase for the Army of 23,000, and the Marines of 9,000. It is a decrease for the Navy of 12,300 and the Air Force of 5,600.

Prohibit DoD From Increasing TRICARE Medical And Pharmacy Fees: Approved - This action simply extended for one more year, i.e. until September 30, 2008, the prohibition enacted last year on fee increases. The language that was in Section 715 of the Senate version which spelled out in some detail the up-front costs military people pay in service and sacrifice was dropped from the enacted bill. Some much watered down language was included in the Joint Conference report, which encourages DoD to find ways to reduce medical costs without loading all the increased costs onto military members. (Nevertheless, see warning below.)

Inclusion Of TRICARE Retail Pharmacy Program In Federal Pharmacy Program In Procurement Of Pharmaceuticals: Approved - Recall that this was one of the cost savings recommendations that MOAA made to allow DoD to get the same discounted prices on medicines that other Federal agencies got, but DoD didn’t do it. With this provision, Congress is mandating that DoD do it and do it quickly.

Prohibition On Further Conversion Of Military Medical Positions To Civilian Medical Positions: Approved - The bill prohibits the secretaries of military departments from converting military medical or dental positions to civilian positions between Oct. 1, 2007 and Sept. 30, 2012. The Joint Conference report expressed concern that departments lack assurance that planned conversions will not increase costs, decrease access to care, decrease quality of care, or negatively impact recruitment and retention of military personnel.

Reduce The Retirement Age Below The Age Of 60 For Certain Guard/Reserve Members: Approved - The reduction below age 60 will be by three months for each 90 days of qualifying active duty performed after enactment of NDAA-08. The eligibility age may not be reduced below age 50.

Period For Use Of GI Bill Benefits By Guard/Reserve Members Extended: Approved - Eligible personnel can use their mobilization earned GI Bill benefits up to 10 years after leaving service.

Enhance The National Guard Bureau (NGB): Approved - The bill provides for the Chief of the NGB to be a 4 star general and be the principal advisor on NG matters to the Secretary of Defense through the Chairman of the JCS. The NGB is to be established as a joint activity of DoD, but will maintain relationships with the Secretaries of the Army and the Air Force concerning their respective National Guard forces.

Disability Retirement System Reform: Approved - DoD must use VA ratings and count all unfitting injuries. In addition, DoD and VA are to implement a standard transition policy for a smooth transition of injured servicemembers from the military medical care system to the VA medical care system to include a common electronic health record and a standard DD 214 that can be electronically shared between the two agencies.

Justice For Osama Bin Laden: Approved - The bill authorizes the Secretary of State to pay a reward of 50 million dollars for the death or capture of Osama bin Laden or information leading to such.

DoD School Of Nursing: Approved - The Secretary of Defense is directed to establish a School of Nursing within the Uniformed Services University of Health Sciences, which will be authorized to award a Bachelors degree in Nursing.

Other Information:

1. Congress made a temporary fix for the pending cuts in payments to Medicare/TRICARE medical providers. Instead of a 9.9% payment cut in January, doctors will see a 1% increase - for 6 months. However, if not extended, an 11% payment cut will kick in on July 1.

2. Last year when Congress prohibited TRICARE fee increases, it required DoD to conduct a study of healthcare costs. The members of the study group were appointed by DoD, the very agency that was pushing for increased fees for military families, so guess what? The study group is recommending increased fees for everybody including TRICARE for Life beneficiaries and increased pharmacy co-pays, and enrollment fees, which are means tested. This will probably be the major fight for the coming year, so better gear up for it.

3. Speaking of the coming year, be sure to look at MOAA’s 2008 Goals on page 38 of January’s Military Officers Magazine.

Selected Legislative Gains for 2007

Health Care Issues

· Ban TRICARE fee/pharmacy co-pay increases for FY2008

· Require comprehensive plan for care, management and transition of wounded members, and plans for PTSD and TBI treatment and prevention

· Establish joint electronic health records, seamless transition plan, and single separation physical for disabled service members transitioning between DoD and VA

· Establish joint office to implement DoD/VA electronic health record

· Review all post 9/11 disability separations for retirement reconsideration

· Require DoD to include all unfitting conditions in disability retirement ratings

· Allow three years of active-duty-level health care for disability retirees/families

· Bar outsourcing of military medical positions

Retirement/Survivor Issues

· 2.3% retired pay/SBP COLA

· Raise minimum SBP annuity to 55% of covered retired pay (as of 1 Apr 08)

· Establish $50 per month allowance to survivors of service-connected deaths for FY09 (to increase by $10 each year until $100 in FY14)

· Expand CRSC eligibility to disability retirees with less than 20 years of service

· Require single notice of SBP recoupment amount for DIC widows

· Reduce reserve retirement age 3 months for each 90 days on active duty (prospective)

· Allow up to 130 (vs. 90) annual drill points creditable for Reserve retirement

· Full concurrent receipt for those rated "unemployable" eff. Jan 05 (payable Oct 08)

Active/Reserve Force Issues

· 3.5% military pay raise as of 1 Jan 08

· Increase force levels for active duty Army/USMC and Army/Air National Guard

· Authorize DFAS to make mid-month contributions to Thrift Savings Plan

· Reimburse up to $300 in drill-travel expenses for short specialties/units or relocated units

· Authorize Selected Reserve members 10 years after separation to use MGIB benefits earned from active duty service

· Allow carryover of 75 (vs. 60) days accumulated leave (expires Dec. 31, 2010)

Military Family/Veterans/Other Issues

· Allow family members of mobilized personnel to use family medical leave

· Authorize Military Family Readiness Council, with member, spouse, assn participation

· Bar courts from vacating child custody agreements based on member's deployment

· Authorize veterans the option of saluting the US Flag (vs. hand over heart)

Issues Still on the Table for 2007

· Reverse 9.9% Cut in 2008 Medicare and TRICARE payments to doctors

FY 2008 Defense Authorization Bill Provisions

Health Care Issues 

Issue

Senate

House

Final Legislation

TRICARE fee increases Bar Prime, Standard or pharmacy fee increases before 9/30/08. Establishes principles that military pay large "in kind" premiums of arduous service. Similar prohibition of FY08 fee increases, but no language on principles

 

Adopted House provisions
TRICARE pharmacy Federal pricing discounts apply to drugs in retail system as well as military pharmacies and mail-order system. Authorize DoD to exclude drugs from the pharmacy benefit if drug companies don't offer sufficient discount. Senate provision adopted
Mental health care improvements   Implement pilot for pre-deployment cognitive tests.  Implement all recommendations of the Mental Health Care Task Force Require computer-based cognitive assessment for members of the armed forces pre and post deployment. Provision dropped, since DoD intends to implement.  Requires report on implementation by 3/1/08
Civilianization of military medical positions No similar provision. Bar conversion after 10/1/07. House provision adopted.
Health care for transitioning servicemembers Authorize at least 3 years of active duty care for disability retirees.  Allow combat vets 5 years (vs. 2) of open enrollment for VA health care. No similar provision Senate provision adopted.
Seamless transition DoD/VA to implement standard transition policy, require electronic DD-214, establish a pilot on a DoD/VA electronic health record. Require a written transition plan for each member, with single DoD/VA separation physical, and electronic health record. Senate provision adopted.
Family support programs for returning wounded Allow emergency care and counseling for caregivers of seriously injured. Study needs of families. Survey family satisfaction. Combined House and Senate provisions
 
Non-Health Care Issues 

Issue

Senate

House

Final Legislation

Survivor Benefit Plan (SBP) Annuity End deduction of VA survivor benefits from SBP annuities if service caused death, effective 10/1/07. Provide a special survivor payment of up to $40 to survivors denied full SBP due to receipt of DIC. House provision adopted except raises payment to $50 per month and covers only survivors of qualifying retirees and gray area reservists.  Payment increased by $10/yr (reaching $100 in FY2014.
Paid-Up SBP Coverage Implement 30-year, paid-up SBP coverage as of 10/1/07 (vs. 10/1/08 in current law). No similar provision Provision dropped
Concurrent Receipt for Disabled Retirees Deemed "Unemployable" Implement full concurrent receipt retroactive to Jan. 1, 2005. (vs. current date of Oct. 1, 2009.) No similar provision Senate provision adopted except precludes payments until 10/1/08, when members will be eligible for lump-sum retroactive to Jan 1, 2005
Combat Related Special Compensation (CRSC) Expand eligibility to all medically retire for combat disabilities before 20 years of service. Cover medical retirees with 15+ years of service and at least 60% combat related disability  Senate provision adopted
Military pay raise 3.5% for active duty, Guard, and Reserve members on 1/1/07. 3.5% raise on 1/1/07.  Authorize pay raises 0.5% points above private sector wages for FY09-FY12 Senate provision adopted
Military manpower levels Increase USA by 13,000 and USMC by 9,000. Reduce USN by 12,300 and USAF by 5,600. Similar USA and USMC numbers. 

Reduce USN strength by 11,602 and USAF by 4,367.

Combination of House and Senate provisions adopted
Guard/Reserve Retirement Reduce retirement age by 3 months for each 90 days on active duty after 9-11-01.  Change from 90 to 130 the amount of points earnable in one year. No provision Senate provision adopted, but credit authorized only for service rendered after date the new law is enacted.
Guard/Reserve GI Bill (MGIB) Authorize Guard and Reserve members to use their mobilization earned GI Bill benefits up to 10 years after leaving service. Sense of Congress for 10-year post service usage of reserve GI Bill. Recodify MGIB law under VA to ensure Guard/Reserve upgrades match active duty benefit. Senate provision adopted.
Disability retirement system reform DoD must use VA ratings and count all unfitting injuries. Require case managers for members in disability process  Both House and Senate provisions adopted
Dependent education Similar provision except authorize $45M plus $5M for schools serving disabled dependents. Authorize $65M aid to schools serving military population, including those affected by BRAC. Adopted House except authorizes $40M plus $5M for schools serving disabled dependents

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