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GAO-10-683R 1 (2010-05-03)

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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-319623


          May 3, 2010

          The Honorable Carl Levin
          Chairman
          The Honorable John McCain
          Ranking Member
          Committee on Armed Services
          United States Senate

          The Honorable Ike Skelton
          Chairman
          The Honorable Howard P. Buck McKeon
          Ranking Member
          Committee on Armed Services
          House of Representatives

          Subject: Department of Defense, Office of the Secretay. Retroactive Stop Loss
                  Special Pay Compensation

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Defense (DoD), Office of the
          Secretary, entitled Retroactive Stop Loss Special Pay Compensation (RIN: 0790-
          A159). We received the rule on April 22, 2010. It was published in the Federal
          Registeras a final rule on April 16, 2010. 75 Fed. Reg. 19,878.

          The final rule provides for retroactive stop loss special pay as authorized and
          appropriated in the Supplemental Appropriations Act, 2009. This program is of short
          duration, from October 21, 2009, to October 21, 2010. The last day for submission of
          claims to the Secretaries of the Military Departments for retroactive stop loss special
          pay is October 21, 2010.

          An interim final rule was published on October 23, 2009, with an effective date of
          October 21, 2009, to comply with section 310 of Public Law 111-32 that called for the
          Secretary of Defense to issue a rule not later than 120 days from the date of
          enactment of the Act. However, the Department of Defense Appropriations Act,
          2010, section 8108, contains statutory provisions that modify eligibility for
          retroactive stop loss special pay and extend payments for stop loss special pay to
          active duty service members serving under the stop loss authority through FY 2010.
          Under these provisions, service members who voluntarily reenlisted or extended


GAO-10-683R