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FY2021 National Defense Authorization Act: Selected Personnel and Health Care Issues

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FY2021 National Defense Authorization Act: Selected Personnel and Health Care Issues FY2021 National Defense Authorization Act: Selected Personnel and Health Care Issues Updated June 4, 2021 Congressional Research Service https://crsreports.congress.gov R46810 SUMMARY R46810 FY2021 National Defense Authorization Act: June 4, 2021 Selected Personnel and Health Care Issues Alan Ott, Coordinator The National Defense Authorization Act (NDAA) authorizes appropriations for a wide range of Analyst in Defense and national security programs and activities within the Department of Defense (DOD) and other Intelligence Personnel executive agencies. Congress typically includes organizational reform, new or modified defense Policy policies, and directed reports or studies among the legislation’s provisions. Kristy N. Kamarck For FY2021, the House-passed (H.R. 6395) and Senate-passed (S. 4049) bills sought to Specialist in Military implement or supplement various categories of personnel and health care matters related to Manpower servicemembers, maritime personnel, servicemember families, and DOD civilian employees. Certain provisions address annual authorizations of military personnel end-strengths, others affect existing program authorities, and some are novel personnel and healthcare programs. The Lawrence Kapp legislative process for these two bills culminated on January 1, 2021, when the FY2021 NDAA Specialist in Military became P.L. 116-283 after Congress voted to override a Presidential veto. Personnel Policy The active duty military personnel end-strengths authorized in the FY2021 NDAA are 485,900 Bryce H. P. Mendez for the Army, 347,800 for the Navy, 181,200 for the Marine Corps, and 333,475 for the Air Force Analyst in Defense Health (inclusive of the Space Force). The FY2021 NDAA authorizes a 3.0% increase in military basic Care Policy pay, consistent with the Administration’s FY2021 budget request and the House and Senate- passed NDAA bills. Barbara Salazar Torreon Senior Research Librarian The FY2021 NDAA included several provisions that seek to enhance oversight of diversity and inclusion issues in DOD and establish various initiatives meant to improve diversity and inclusion in DOD. Military justice and criminal investigations matters in the FY2021 NDAA Hibbah Kaileh focus on sex-related offenses and protecting military family members. Research Assistant Several provisions in the FY2021 NDAA address military family matters, such as family readiness, military spouse education and employment, military childcare programs, and military parental leave. The FY2021 NDAA includes a number of provisions that delay or clarify certain congressionally directed or DOD-initiated reform efforts for military health system administration. There are also provisions meant to enhance Congress’s understanding of DOD’s health care billing practices and provide authority to waive certain billing requirements. Other provisions in the FY2021 NDAA address mental health issues affecting servicemembers, veterans, and family members. There are eight general mental health assessment, funding, and reporting provisions, two substance abuse-related provisions, three suicide-related provisions, and nine reserve component-related provisions. A significant difference in both NDAA bills from prior versions is the inclusion of COVID-19 specific provisions. These address personnel, health care, and public health issues that arose during DOD operations supporting the national response to the COVID-19 pandemic. The various provisions are intended to: Authorize hazardous duty pay for military personnel responding to the pandemic. Grant constructive retirement credit for certain reservists unable to complete required annual training. Require a report to Congress on how full-time National Guard pandemic response duty is determined. Require quarantine housing for National Guard members upon completion of pandemic response duty. Direct a study on financial hardships among servicemembers during the COVID-19 pandemic. Establish a military health systems review panel to examine the system’s response to COVID-19. Require a strategy for DOD pandemic response and preparedness and a related health system study. Require a registry of TRICARE beneficiaries diagnosed with COVID-19 and a related report to Congress. Require DOD to print information for distributed pandemic materials in languages other than English. Extend health care eligibility for certain National Guard members after full-time pandemic response duty. Congressional Research Service FY2021 National Defense Authorization Act: Selected Personnel Issues Contents Introduction ..................................................................................................................................... 1 Military Personnel ........................................................................................................................... 2 Active Duty Authorized Strength .............................................................................................. 2 Selected Reserve Authorized Strength ...................................................................................... 5 Military Pay Raise ..................................................................................................................... 6 Diversity and Inclusion (D&I) .................................................................................................. 7 Sexual Assault and Harassment in the Military ....................................................................... 11 Military Justice and Criminal Investigations .......................................................................... 16 Military Personnel Programs ......................................................................................................... 20 Military Awards, Honors, and Decorations ............................................................................. 20 Military Family Matters .......................................................................................................... 24 COVID-19 Personnel Program Provisions ............................................................................. 30 Maritime and Civilian Personnel ................................................................................................... 33 Merchant Mariners .................................................................................................................. 33 Defense Civilians .................................................................................................................... 37 Defense Health Care and Public Health ........................................................................................ 40 Military Health System Administration .................................................................................. 41 Military Treatment Facility Billing ......................................................................................... 45 Mental Health .......................................................................................................................... 47 Environmental and Occupational Health Concerns ................................................................ 53 COVID-19 Healthcare and Public Health Provisions ............................................................. 59 Defense Activities and Installations .............................................................................................. 62 Defense Exchange and Commissary Stores ............................................................................ 62 Names and Symbols Linked to Confederate States................................................................. 65 Tables Table 1. House and Senate Passed FY2021 NDAA Bills ................................................................ 1 Table 2. Active Duty End Strength .................................................................................................. 3 Table 3. Selected Reserve End-Strength .......................................................................................... 5 Table 4. Post-Secondary Maritime Institutions ............................................................................. 34 Table 5. FY2020 and FY2021 MARAD Funding Authorizations ................................................. 35 Table 6. Career and Training Backgrounds of USMMA Superintendents .................................... 37 Table 7. Defense Civilian FTE and OBP Units ............................................................................. 38 Contacts Author Information ........................................................................................................................ 67 Congressional Research Service FY2021 National Defense Authorization Act: Selected Issues Introduction The United States Constitution grants authority to Congress and the President to provide for the common defense of the nation. All Department of Defense (DOD) policy, activities, and operations originate from this shared authority. DOD implements legislative and presidential delegated authority through orders, directives, regulations, and instructions, or similar administrative acts. Congress exercises its national defense authority through DOD primarily, but also through the intelligence community and other executive agencies with national security functions.1 Congress gives the Secretary of Defense military authority through statutes that prescribe specific duties and responsibilities or authorize the general authority needed to conduct national defense affairs. The House and Senate armed
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