S.2943 National Defense Authorization Act for Fiscal Year 2017

TheWeekInCongress.com (TM)

Week ending May 27, 2016

S.2943 National Defense Authorization Act for Fiscal Year 2017

Brief

CRS – This bill would:

(1) authorize appropriations for (a) procurement, (b) research, development, test and evaluation, (c) operation and maintenance and the revolving and management funds of the Department of Defense for fiscal year 2017;

(2) authorize the personnel end strengths for each military active duty component of the Armed Forces for fiscal year 2017; Army reduced by 15,000 to 460,000 / Navy reduced by 6,300 to 322,000 / Marine Corps reduced by 2000 to 182,000 / Air Force reduced by 3,715 to 317,000. Total reductions defense-wide 27,015.

(3) authorize the personnel end strengths for the Selected Reserve of each of the reserve components of the Armed Forces for fiscal year 2017; Reserves are reduced by 20,600 but Navy Reserve and Air National Guard are increased by 200 and 600 respectively.

(4) impose certain reporting requirements;

(5) impose certain limitations with regard to specific procurement and research, development, test and evaluation actions and manpower strengths; provide certain additional legislative authority, and make certain changes to existing law;

(6) authorize appropriations for military construction programs of the Department of Defense for fiscal year 2017; and

(7) authorize appropriations for national security programs of the Department of Energy for fiscal year 2017.

Afghanistan – Extension and modification of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan / Modifies authority for reimbursement of certain coalition nations for support for one year / Prohibits use of funds for certain programs and projects of the Department of Defense in Afghanistan that cannot be safely accessed by United States Government Personnel / Reimburses Pakistan for security enhancement activities / Improvement of oversight of United States Government efforts in Afghanistan.

Iran – The committee recommends a provision that would add certain additional elements to the annual report on the military power of Iran

Russia – Extends and enhances Ukraine Security Assistance Initiative / Extends and modifies authority on training for Eastern European national military forces in the course of multilateral exercises.

Asia-Pacific – Inclusion of the Philippines among allied countries with whom United States may enter into cooperative military airlift agreements / Military exchanges between the United States and Taiwan / the military relationship between the United States and Vietnam / Redesignation of South China Sea Initiative.

(More bill details)

(Full text of S. 2943 at congress.gov)

Sponsor:  Sen McCain, John [AZ] (introduced 5/18/2016)      Cosponsors (None)

Status: Passed Senate / Passed House / to conference / Conference Report approved in House / conference report approved in the Senate.

VOTES and FLOOR ACTION

HOUSE

On Passage: 07/07/2016 Passed/agreed to in House: On passage Passed without objection.

Conference report approved 375 to 34

On agreeing to the conference report Agreed to by the Yeas and Nays: (Roll no. 600)

House Amendments:

Motion to recommit:

Text of the motion:

SENATE

On Passage: The bill, as amended, passed by a vote of 85-13.

The cloture motion of the Conference Report was agreed to by a vote of 92 – 7.

Procedural Actions:

6/10/2016 – The Motion to Invoke Cloture was agreed to by a vote of 68-23.

Under the previous order, the compound motion to go to conference is agreed to by a vote of 90-7.

Senate Amendments:

6/6/2016-Fischer amend #4206 (to modify the requirement that the Secretary of Defense maintain the wartime readiness of military medical personnel). Yeas and nays ordered. The amendment was agreed to by a vote of 91-0.

6/7/2016

The following amendments were considered, en bloc:
Peters amend #4138 (to provide for the treatment by discharge review boards of claims asserting post-traumatic stress disorder or traumatic brain injury in connection with combat or sexual trauma as a basis for review of discharge).
Baldwin amend #4293 (to require a National Academy of Sciences study on alternative technologies for conventional munitions demilitarization).
Gillibrand amend #4112 (to expand protections against wrongful discharge to sexual assault survivors).
Schumer amend #4177 (to require a report on the replacement of the security forces and communications training facility at Frances S. Gabreski Air National Guard Base, New York).
Leahy amend #4354 (to clarify that the National Guard’s mission is both Federal and non-Federal for purposes of a report on the cost of conversion of military technicians to active Guard and Reserve).
Heitkamp amend #4079 (to ensure continued operational capability for long-range bomber missions in the event of termination of the B-21 bomber program).
Hirono amend #4317 (to fulfill the commitment of the United States to the Republic of Palau).
Cardin amend #4031 (to impose sanctions with respect to foreign persons responsible for gross violations of internationally recognized human rights).
Coats amend #4169 (to require a report on the discharge by warrant officers of pilot and other flight officer positions in the Navy, Marine Corps, and Air Force currently discharged by commissioned officers).
Portman amend #4236 (to require a report on priorities for bed downs, basing criteria, and special mission units for C-130J aircraft of the Air Force).
Roberts amend #4119 (to prohibit reprogramming requests of the Department of Defense for funds for the transfer or release, or construction for the transfer or release, of individuals detained at United States Naval Station, Guantanamo Bay, Cuba).
Ernst amend #4095 (to improve Federal program and project management).
Murkowski amend #4086 (to authorize a lease of real property at Joint Base Elmendorf-Richardson, Alaska).
Hatch amend #4071 (to redesignate the Assistant Secretary of the Air Force for Acquisition as the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics).
Daines amend #4247 (to require an expedited decision with respect to securing land-based missile fields).
Sullivan amend #4344 (to authorize military-to-military exchanges with India).
The amendments were agreed to, en bloc, by Voice Vote.
6/7/2016

Durbin amend #4369 (to provide that certain provisions in this Act relating to limitations, transparency, and oversight regarding medical research conducted by the Department of Defense shall have no force or effect).  Yeas and nays ordered.  The amendment was agreed to by a vote of 66-32.

Inhofe amend #4204 (to strike the provision relating to the pilot program on privatization of the Defense Commissary System).  Yeas and nays ordered.  The amendment was agreed to by a vote of 70-28.

6/8/2016 – Nelson motion to instruct conferees relative to Zika/Ebola funding (60 vote affirmative threshold). Yeas and nays ordered. The motion was not agreed to by a vote of 46-49.

Sullivan motion to instruct conferees relative to bridge construction (60 vote affirmative threshold). Yeas and nays ordered. The motion was not agreed to by a vote of 56-38.

6/9/2016

Reed amend #4549 (To authorize parity for defense and nondefense spending pursuant to the Bipartisan Budget Act of 2015) to McCain amend #4229 (To address unfunded priorities of the Armed Forces).  Motion to Invoke Cloture.  The Motion to Invoke Cloture was not agreed to by a vote of 43-55.

McCain amend #4229 (To address unfunded priorities of the Armed Forces).  Motion to Invoke Cloture.  The Motion to Invoke Cloture was not agreed to by a vote of 56-42.  The amendment is withdrawn by Sen. McCain.

Nelson #4670 (To improve the amendment) to McCain amend #4607 (To amend the provision on share-in-savings contracts), as modified.  The amendment was agreed to by Voice Vote.

McCain amend #4607 (To amend the provision on share-in-savings contracts).  The amendment was agreed to by Voice Vote.

COST AND IMPACT

Cost to the taxpayers: $603.2 billion

Pay-as-you-go requirements: Apply

Regulatory and Other Impact:

Dynamic Scoring:   Not applicable to this bill.

Tax Complexity: 

Earmark Certification:

Duplication of programs:

Direct Rule-Making:

Advisory Committee Statement:

Budget Authority:

Constitutional Authority:   Assumed.

More bill details

CBO reports –

‘The Congressional Budget Office has completed an estimate of the budgetary effects of S. 2943, the National Defense Authorization Act for Fiscal Year 2017, as reported by the Senate Committee on Armed Services on May 18, 2016. Tables summarizing those effects are enclosed. A more detailed cost estimate (including mandate statements) for S. 2943 will be provided shortly.

‘For 2017, the bill would authorize an estimated $603.2 billion, nearly all of which ($602.6 billion) would be specifically authorized by the bill. The remaining $0.6 billion largely reflects CBO’s estimate of the amount not specifically authorized by the bill that would be necessary to fund certain accrual payments required under current law.

“Under S. 2943, specified authorizations for defense programs would total $602.4 billion, an increase of $3.3 billion (1 percent) compared to amounts appropriated for 2016. Operation and maintenance would receive the largest increase ($7.4 billion, or 3 percent), followed by research and development ($2.6 billion, or 4 percent). Procurement would decline by $6.4 billion (5 percent), while authorized funding for all other categories combined would decrease by $0.3 billion (less than 1 percent).

“Of the amount specifically authorized, $543.5 billion—plus the estimated $0.6 billion mentioned above—would cover “base” budget costs that, if appropriated, would count against the 2017 cap on defense appropriations. Another $58.9 billion would be for overseas contingency operations and if appropriated, would not be subject to that cap. The remaining $0.2 billion specified for nondefense appropriations would count against the nondefense cap.

“S. 2943 would reauthorize the use of share-in-savings contracts by certain agencies. It also would make several changes to military retirement and health care benefits and to the national defense stockpile, would extend the availability of unobligated balances in several accounts, would require women to register with the Selective Service, and would make other changes that would affect direct spending. CBO estimates that in total enacting those provisions would increase net direct spending by $10.9 billion over the 2017-2026 period. In addition, a number of provisions would change direct spending by insignificant amounts over the 2017-2026 period.

“The bill also would make numerous changes to the military justice system that CBO expects would increase the amount of fines and forfeitures of pay that are imposed at military courts-martial by less than $500,000 over the next 10 years. Those fines are classified as revenues. Because enacting the bill would affect direct spending and revenues, pay-as-you-go procedures apply.

CBO estimates that enacting S. 2943 would increase net direct spending and on-budget deficits by more than $5 billion in each of the four consecutive 10-year periods beginning in 2027.”

Copyright 2016 Legislation News & Report, LLC

All Rights Reserved