FY2018 National Defense Authorization Act: Selected Military Personnel Issues
Released: 2017-12-14T00:00:00

Introduction

Each year, the House and Senate armed services committees take up national defense authorization bills. The House of Representatives passed the National Defense Authorization Act for Fiscal Year 2018 ( H.R. 2810 ) on July 14, 2017. The Senate Armed Services Committee reported its version of the NDAA ( S. 1519 ) on September 18, 2017. These bills contain numerous provisions that affect military personnel, retirees, and their family members. Provisions in one version are sometimes not included in the other, are treated differently, or are identical in both versions. Following passage of each chamber's bill, a conference committee typically convenes to resolve the differences between the respective chambers' versions of the bill. The FY2018 NDAA conference report was passed by the House on November 14, 2017, and the Senate on November 16, 2017. On December 12, President Donald J. Trump signed the bill into law ( P.L. 115-91 ).

This report highlights selected personnel-related issues that may generate high levels of congressional and constituent interest. CRS will update this report to reflect enacted legislation. Related CRS products are identified in each section to provide more detailed background information and analysis of the issues. For each issue, a CRS analyst is identified and contact information is provided.

Some issues discussed in this report were previously addressed in the National Defense Authorization Act for Fiscal Year 2017 ( P.L. 114-328 ) and discussed in CRS Report R44577, FY2017 National Defense Authorization Act: Selected Military Personnel Issues , by [author name scrubbed] et al., or other reports. Those issues that were considered previously are designated with an asterisk in the relevant section titles of this report.

*Active Duty End-Strength

Background: The authorized active duty end-strengths for FY2001, enacted in the year prior to the September 11 terrorist attacks, were as follows: Army (480,000), Navy (372,642), Marine Corps (172,600), and Air Force (357,000). Over the next decade, in response to the demands of wars in Iraq and Afghanistan, Congress substantially increased the authorized personnel strength of the Army and Marine Corps. Congress began reversing those increases in light of the withdrawal of U.S. forces from Iraq in 2011, the drawdown of U.S. forces in Afghanistan beginning in 2012, and budgetary constraints. In FY2017, Congress halted further reductions in Army and Marine Corps end-strength and provided a slight end-strength increase. End-strength for the Air Force generally declined from 2004-2015, but increased in 2016 and 2017. End-strength for the Navy declined from 2002-2012, increased in 2013, and has remained essentially stable since then. Authorized end-strengths for FY2017 and proposed end-strengths for FY2018 are in Figure 1 .

Discussion: In comparison to FY2017 authorized end-strengths, the Administration's FY2018 budget proposed no change for the Army and Marine Corps, slightly higher end-strength for the Navy (+1,400) and a more substantial increase for the Air Force (+4,000).

The final bill approved end-strengths higher than the Administration request by 7,500 for the Army and 1,000 for the Marine Corps. Approved end-strengths for the Navy and Air Force were identical to the Administration's request.

Section 402 of the House bill would adjust the minimum end-strengths required by 10 U.S.C. Section 619 to a level equal to the authorized end-strengths set in Section 401.

References: Previously discussed in CRS Report R44577, FY2017 National Defense Authorization Act: Selected Military Personnel Issues , by [author name scrubbed] et al., and similar reports from earlier years.

CRS Point of Contact: [author name scrubbed], x[phone number scrubbed].

*Selected Reserves End-Strength

Background: The overall authorized end-strength of the Selected Reserves has declined by about 6% over the past 16 years (874,664 in FY2001 versus 820,200 in FY2017). Much of this can be attributed to the reductions in Navy Reserve strength during this period. There were also modest shifts in strength for some other components of the Selected Reserve. Authorized end-strengths for FY2017 and proposed end-strengths for FY2018 are in Figure 2 .

Discussion: Relative to FY2017 authorized end-strengths, the Administration's FY2018 budget proposed increases for the Navy Reserve (+1,000 compared to FY2017 authorized), Air Force Reserve (+800), and Air National Guard (+900); and no change for the Marine Corps Reserve, Army National Guard, and Army Reserve.

The final bill approved end-strengths identical to the Administration's request for all the reserve components except for the Army Reserve and Army National Guard. In comparison to the Administration's request, the final bill approved an extra 500 personnel for both the Army National Guard and Army Reserve.

References: Previously discussed in CRS Report R44577, FY2017 National Defense Authorization Act: Selected Military Personnel Issues , by [author name scrubbed] et al., and similar reports from earlier years.

CRS Point of Contact: [author name scrubbed], x[phone number scrubbed].

*Military Pay Raise

Background: Concerns with the overall cost of military personnel, combined with long-standing congressional interest in recruiting and retaining high-quality personnel to serve in the all-volunteer military, have continued to focus interest on the military pay raise. Section 1009 of Title 37 United States Code provides a permanent formula for an automatic annual increase in basic pay that is indexed to the annual increase in the Employment Cost Index (ECI). The statutory formula stipulates that the increase in basic pay for 2018 will be 2.4% unless either (1) Congress passes a law to provide otherwise; or (2) the President specifies an alternative pay adjustment under subsection (e) of 37 U.S.C. Section 1009. Increases in basic pay are typically effective at the start of the calendar year, rather than the fiscal year.

The FY2018 President's Budget requested a 2.1% military pay raise, lower than the statutory formula of 2.4%.

Discussion: The final bill requires the statutory formula go into effect, resulting in a 2.4% pay raise for all servicemembers effective on January 1, 2018. Section 604 of the Senate bill, which would have modified the language allowing the President to make an alternative pay adjustment, was not adopted.

Reference(s): For an explanation of the pay raise process and historical increases, see CRS In Focus IF10260, Defense Primer: Military Pay Raise , by [author name scrubbed]. Previously discussed in CRS Report R44577, FY2017 National Defense Authorization Act: Selected Military Personnel Issues , by [author name scrubbed] et al., and similar reports from earlier years.

CRS Point of Contact: [author name scrubbed], x[phone number scrubbed].

*Housing Allowances

Background: Under current law, all servicemembers are entitled to either government-provided housing or a housing allowance. For those living in the United States, the housing allowance is known as Basic Allowance for Housing (BAH).

Some servicemembers entitled to BAH live on military bases in housing that has been privatized. During the mid-1990s, Congress granted DOD a number of special authorities to enable the department to provide incentives for private firms to partner with DOD to improve the quality of housing available to servicemembers living on military installations. Since then, the Military Housing Privatization Initiative (MHPI) has enabled DOD to rely on private sector financing, expertise, and innovation for the construction and operation of housing for both families and individual servicemembers.

The FY2015 NDAA allowed the Secretary of Defense to reduce BAH payments by 1% of the national average monthly housing cost. The FY2016 National Defense Authorization Act extended this authority, authorizing an additional 1% reduction per year through 2019, for a maximum reduction of 5% of the national monthly average housing cost.

Discussion: The amount of money paid to the companies that operate privatized housing is tied to the Basic Allowance for Housing (BAH) rates for the individual occupying the housing. As these payments may constitute a significant source of revenue for firms owning and operating privatized military housing, reductions in BAH could lower those firms' revenues. The final bill requires the Secretary of Defense to pay an amount equal to the 2018 BAH reduction throughout 2018 to the lessors of MHPI housing, effectively offsetting the reduction for that year. The final bill would also require the Comptroller General to provide to the House and Senate Armed Services Committees a report on several aspects of MHPI.

Reference: CRS Report RL33446, Military Pay: Key Questions and Answers , by [author name scrubbed] and [author name scrubbed].

CRS Point of Contact: [author name scrubbed], x[phone number scrubbed].

*Defense Commissary System

Background: Over the past few years, Congress has been concerned with improving the Defense Commissary Agency (DeCA) system, mandating several studies and reports on the topic. Recent reform proposals have sought to reduce DeCA's reliance on appropriated funds without compromising patrons' commissary benefits or the revenue generated by DOD's nonappropriated fund (NAF) entities. However, Congress has stopped short of major changes that would significantly reduce or eliminate the commissary subsidy.

DeCA's Board of Directors establishes a desired average savings rate over commercial providers. A March 2017 GAO report found that DOD "lacks reasonable assurance that it is maintaining its desired savings rate for commissary patrons." This GAO report recommends that DOD address limitations identified in its savings rate methodology; develop a plan with objectives, goals, and time frames to improve efficiency in product management; and conduct comprehensive cost-benefit analyses for service contracts and distribution options. DOD concurred with the first two recommendations and partially concurred with the third, stating that "authorizing legislation is required."

In the FY2017 NDAA, Congress authorized $1.2 billion in commissary funding.

Discussion : Section 632 of the House bill would have required DOD to submit a report regarding management practices of military commissaries and exchanges no later than 180 days after enactment of the NDAA. The report would require a cost/benefit analysis with the joint goals of reducing operating costs of military commissaries and exchanges by $2 billion over FY2018-FY2022 and not raising patron costs. Section 5602 of the Senate-passed version would have required a similar report. Neither of these provisions was adopted. The conferees referred to previous reports required by the FY2015 and FY2016 NDAA and noted that "there is little additional benefit to be gained by requiring the Department to submit another report assessing methods of achieving cost savings in the commissary and military exchange systems."

The President's FY2018 budget request for $1.39 billion included funding for DeCA to operate 240 commissary stores on military installations worldwide and employ a workforce of over 14,000 civilian full-time equivalent employees. H.R. 2810 , the House bill, would have authorized $1.34 billion for DeCA's commissary operations for FY2018. This is $45 million less than the Administration's proposal with reductions in civilian personnel compensation and benefits ($20 million) and commissary operations ($25 million). In the report to accompany S. 1519 ( S.Rept. 115-125 ), the Senate would have authorized $1.3 billion for DeCA in FY2018.

Section 4501 authorizes the President's FY2018 budget request of $1.39 billion for commissary operations. Section 4601, military construction, authorizes $40 million for the construction of a new commissary in Stuttgart, Germany.

Section 5601 of the Senate-passed bill would have required a report on use of second-destination transportation (SDT) to transport fresh fruit and vegetables to commissaries in the Asia-Pacific region no later than January 1, 2018. This provision was not adopted.

References: CRS Report R44577, FY2017 National Defense Authorization Act: Selected Military Personnel Issues , by [author name scrubbed] et al.; CRS Report R44120, FY2016 National Defense Authorization Act: Selected Military Personnel Issues , coordinated by [author name scrubbed]; and CRS Report R43647, FY2015 National Defense Authorization Act: Selected Military Personnel Issues , coordinated by [author name scrubbed].

CRS Point of Contact : [author name scrubbed], x[phone number scrubbed].

*Survivor Benefits

Background : Under the Survivor Benefit Plan (SBP), a military retiree may have a portion of his or her monthly retired pay withheld in order to provide, after his or her death, a monthly benefit to a surviving spouse or other eligible recipients. When an active duty servicemember dies, his or her survivor's payment through the SBP is usually 55% of the retired base pay that the member would otherwise have been eligible to receive. By law, surviving spouses who receive both an annuity from DOD as a beneficiary of the SBP and from the Department of Veterans Affairs' Dependency and Indemnity Compensation (DIC) must have their SBP payments reduced by the amount of DIC. Congress first authorized a payment to such surviving spouses to offset that reduction in the FY2008 NDAA. This benefit is called the Special Survivor Indemnity Allowance (SSIA). Monthly SSIA payments are currently $310 and are taxable. Section 646 of the FY2017 NDAA extended the payment of SSIA until May 31, 2018.

Discussion: Section 621 of the House-passed bill would have expressed the sense of Congress that the SSIA was created as a "stop gap" measure to assist widowed spouses by reducing the SBP/DIC offset required by law. This section also stated that the dollar-for-dollar reduction in payment to surviving spouses should be fully repealed at the first opportunity. Section 638 of the Senate-passed version was adopted by the conferees. This provision amends 10 U.S.C. Section 1450 to permanently extend the authority to pay the SSIA and would require inflation adjustments to that allowance by the amount of the military retired pay cost-of-living adjustment for each calendar year beginning in 2019.

Section 622 of the final bill adopts Senate Section 631 and modifies Sections 1447 and 1452 of Title 10, United States Code, to ensure equitable treatment under the SBP of members of the uniformed services covered by the modernized retirement system who elect to receive a lump sum of retired pay, as authorized under 10 U.S.C. §1415.

References: CRS Report R44577, FY2017 National Defense Authorization Act: Selected Military Personnel Issues , by [author name scrubbed] et al., FY2017 National Defense Authorization Act: Selected Military Personnel Issues; CRS Report R40757, Veterans' Benefits: Dependency and Indemnity Compensation (DIC) for Survivors , by [author name scrubbed]; CRS Report RL34751, Military Retirement: Background and Recent Developments , by [author name scrubbed]; and CRS Report R40589, Concurrent Receipt: Background and Issues for Congress , by [author name scrubbed].

CRS Point of Contact : [author name scrubbed], x[phone number scrubbed]

*Servicemember Education, Credentialing, and Transition

Background: In the past few decades, Congress has enacted legislation and appropriated funds for servicemember off-duty education (tuition assistance), credentialing programs, and transition services to support servicemembers and veterans in translating military skills and experience into post-service education and employment opportunities. Three DOD programs of note are the Transition Assistance Program (TAP); the Credentialing Opportunities Online (COOL); and the DOD Skillbridge program, which is also known as the Job Training, Employment Skills Training, Apprenticeships, and Internships (JTEST-AI) program.

Discussion : The TAP curriculum culminates in a one-week course in the months immediately preceding a member's separation, retirement, or release from active duty. Congress has required that certain information be provided and specific topics covered in the associated preseparation counseling. Provisions in the final bill (Sections 528 and 541) expand some of these statutory requirements. Not adopted were provisions that would have required a review of TAP to ensure that it is meeting the needs of female servicemembers, an annual report to Congress on the participation of members of the Armed Forces in TAP, and a report on possible ways to improve the handoff between DOD and the VA during servicemember transition.

Also not adopted was Section 546 of the Senate bill that would have established a two-year pilot program to integrate and coordinate the various components of DOD's education, transition, and credentialing programs with state and local programs and agencies. Conferees noted that

the military services have partnered closely with state and local communities to implement programs to help servicemembers gain post-military employment. The conferees are aware of several model re-employment initiatives in states such as Florida and Arizona. Therefore, the conferees encourage the Department of Defense to replicate these model programs in other states....

In terms of licensing and credentialing, the final bill contains a provision (§542) that seeks to improve the "accuracy and completeness" of employment skills verification and certification for members transitioning out of the military and seeking civilian employment. It requires DOD to establish a database to record all training relevant to civilian employment for the armed services and to make verifiable information available to states and potential employers.

Section 616 of the House bill would have authorized DOD and DHS to reimburse a servicemember up to $500 for relicensing costs upon separation from the service and would also require the Secretaries to work with states on improving portability of licenses between states. This provision was not adopted; however, the conference report called for GAO to "assess the panoply of benefits and programs available government-wide to separating servicemembers" and to provide a report to Congress by October 1, 2018.

The United Services Military Apprenticeship Program (USMAP) allows eligible servicemembers to complete civilian apprenticeships while on active duty and earn a nationally recognized "Certificate of Completion" from the Department of Labor. Program eligibility has been limited to the Coast Guard, Marine Corps, and Navy. Section 546 of the final bill expands program eligibility to all uniformed servicemembers at the Secretary of Defense's discretion.

Not adopted was a Senate provision (§14003) that would seek to broaden job training opportunities through DOD's Skillbridge program by authorizing federal agencies to participate in the program as employers and trainers. However, the conferees "strongly urge the Secretary, in consultation with the Director, OPM, to take such actions as are necessary to encourage and enable other Federal agencies to participate in the SkillBridge program."

Finally, not adopted was Section 549 of the Senate bill that would have required the Secretary of Defense to brief House Armed Services Committee and Senate Armed Services Committee on the feasibility and advisability of enacting into law authority to use tuition assistance program funds for "courses or programs of education in cybersecurity skills or related skills and computer coding skills or related skills." Currently tuition assistance funds can be used for a variety of undergraduate, graduate, vocational/technical, or certificate programs.

References : CRS In Focus IF10347, Military Transition Assistance Program (TAP): An Overview , by [author name scrubbed], and CRS Report R42790, Employment for Veterans: Trends and Programs , coordinated by [author name scrubbed].

CRS Point of Contact : [author name scrubbed], x[phone number scrubbed].

*Military Sexual Assault and Sexual Harassment

Background: Over the past decade, the issues of sexual assault and sexual harassment in the military have generated a good deal of congressional and media attention. In 2005, DOD issued its first department-wide sexual assault policies and procedures. These policy documents built on recommendations from the Joint Task Force for Sexual Assault Prevention and Response and on congressional requirements specified in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( P.L. 108-375 ). In the same year, the Sexual Assault Prevention and Response Office (SAPRO) was established as a permanent office serving as DOD's primary oversight body for all service-level programs. Sexual harassment policy and oversight is handled by DOD's Office of Diversity and Military Equal Opportunity. Between 2012 and 2017, DOD took a number of steps to implement its own strategic initiatives as well as dozens of congressionally mandated actions related to sexual assault prevention and response, victim services, reporting and accountability, and military justice. In FY2016, estimated sexual assault prevalence rates across the DOD's active-duty population were 4.3% for women and 0.6% for men. These estimated prevalence rates were slightly lower than reported prevalence rates in 2014 (4.9% and 0.9%, respectively).

Discussion : DOD is required to produce an annual report for Congress on sex-related offenses. The final version of the bill adds additional reporting requirements including incidents of nonconsensual distribution of private sexual images (§537) and family-member sexual assault (§538). A House provision that would have defined "sexual coercion" for the purpose of annual reporting was not adopted. Also not adopted was House Section 532 requiring additional reviews of SAPR programs for the Army National Guard and Reserve components, with a focus on monitoring timeliness of line-of-duty determinations and investigation processing. The conferees instead directed DOD to provide a briefing to the armed services committees on the implementation of the Government Accountability Office's recommendations in the February 2017 GAO report, Sexual Assault: Better Resource Management Needed to Improve Prevention and Response in the Army National Guard and Army Reserve .

Congress has raised concerns about the character of discharge for certain veterans who experienced sexual trauma while serving in the military. Psychological trauma following a sexual assault incident has been associated with negative behavioral changes in the victim such as increased drug or alcohol use, poor work performance, or other disciplinary issues. These behaviors may affect the nature of a victim's discharge from the Armed Forces. Discharges that are not under "honorable" conditions may prevent servicemembers from being eligible for certain veterans' benefits. Under certain circumstances, servicemembers may appeal these decisions through Discharge Review Boards or Boards of Correction for Military Records. Section 521 of the final bill requires DOD to provide publicly available statistics on applications to these boards from those who have alleged a relationship between sex-related offenses and the nature of their discharge. In addition, Section 522 of the final bill codifies and expands existing requirements that the services establish processes through which alleged sexual assault survivors may challenge the terms of characterization of discharge or separation.

Sexual assault prevention and response training is required by law for all new accessions within 14 duty days after initial entrance on active duty or into a duty status with a reserve component. Section 535 of the final bill requires service secretaries to provide this training to enlistees in a delayed entry program prior to beginning basic training or initial active duty for training.

Concerns about male victims of sexual assault prompted the House in 2012 to call for a review of DOD's policies and protocols for the provision of medical and mental health care for male servicemembers. In a 2015 report, the GAO noted a number of areas where actions were needed to specifically address support for male victims of sexual assault. In response to this report, DOD has initiated gender-specific treatment: for example, male-only therapy groups and enhanced medical staff training on responding to and treating male victims. Section 536 of the final bill adopts a House provision which requires additional training for special victims' counsels on male-specific challenges for victims of sex-related offenses.

In March 2017, the Senate Armed Services Committee held hearings in response to allegations of online sexual harassment and nonconsensual sharing of intimate images and sexually explicit photos by servicemembers on the Marines United website. In the hearing, senior Navy and Marine Corps officials noted that perpetrators could potentially be held accountable for these actions under Articles 92 (failure to obey an order or regulation), 120 (rape and sexual assault), and/or 134 (good order and discipline) of the Uniform Code of Military Justice (UCMJ). However, General Robert B. Neller, Commandant of the Marine Corps, noted that a more explicit UCMJ provision might assist commanders in holding perpetrators accountable. The conference report includes a provision (§533) that adds a punitive article to the UCMJ prohibiting the "wrongful broadcast or distribution of intimate visual images" (Article 117a, 10 U.S.C. §917a). A provision in the Senate bill (§521) that would also have amended the Manual for Courts-Martial for activities related to the nonconsensual dissemination of intimate images and sexually explicit conduct was not adopted.

Other potential changes to judicial process that were not adopted included a House provision (§524) that would create an o pen discovery rule. The Administration has expressed concern about this provision, stating,

The Administration shares Congress' goal of preventing sexual assault in the military and holding accountable those who commit the offense. Although the Administration is sympathetic to the motivation behind Section 524, affording victim's counsel with open file discovery may have the unintended consequence of impairing the successful prosecution of cases by creating additional opportunities for the defense to challenge the victim's testimony."

Although the provision was not adopted, the conferees encouraged "the President to include a provision in the Rules for Courts-Martial establishing that Special Victims' Counsel and Victims' Legal Counsel are entitled to nonprivileged case information and documentation relevant to the crimes committed against their clients."

References : See also CRS Report R44944, Military Sexual Assault: A Framework for Congressional Oversight , by [author name scrubbed] and [author name scrubbed], CRS Report R43168, Military Sexual Assault: Chronology of Activity in Congress and Related Resources , by [author name scrubbed]; CRS Report R43213, Sexual Assaults Under the Uniform Code of Military Justice (UCMJ): Selected Legislative Proposals , by [author name scrubbed]. CRS Report R43928, Veterans' Benefits: The Impact of Military Discharges on Basic Eligibility , by [author name scrubbed] and [author name scrubbed]. Previously discussed in CRS Report R44577, FY2017 National Defense Authorization Act: Selected Military Personnel Issues , by [author name scrubbed] et al., and similar reports from earlier years.

CRS Point of Contact : [author name scrubbed], x[phone number scrubbed].

Military Childcare Programs

DOD's child development program (CDP) is a military family-oriented initiative and part of a broader range of community and family support programs. The CDP delivers subsidized childcare services from birth to 12 years of age for eligible children of military personnel and certain civilian employees. About 160,000 military children receive some form of care through the CDP worldwide. The CDP includes Child Development Center (CDC) facilities that are operated on military installations and are funded by a combination of appropriated and nonappropriated funds, meaning that they are partially a fee-generating activity. By statute the amount of appropriated funds used to operate CDC cannot be less than the estimated amount of child care fee receipts.

Section 558 of the final bill would require DOD to set and maintain the hours of operation of childcare development centers in a manner that considers the "demands and circumstances" of military service. In addition, this would require service secretaries to provide childcare coordinators at each military installation where significant numbers of servicemembers with accompanying dependent children are stationed. Section 575 adopts Section 558 of the Senate bill requiring the Secretary of Defense to report by September 1, 2018, on the feasibility and advisability of (1) expanding the operating hours of childcare facilities; (2) contracting with private-sector providers to expand the availability of childcare services; (3) contracting with private-sector childcare service providers to operate DOD facilities; and (4) expanding such services to members of the National Guard and Reserves if such expansion does not substantially increase costs of childcare services for the military departments or conflict with others who have higher priority for space in childcare services programs.

Section 559 of the final bill would provide the Secretary of Defense with direct hire authority to recruit and appoint qualified childcare services providers to positions within DOD CDCs if the Secretary determines that (1) there is a critical hiring need, and (2) there is a shortage of providers. The Secretary would prescribe the regulations required and commence implementation of such direct hire authority no later than May 1, 2018. Section 576 of the final bill adopts Senate Section 559, which would require a review of the General Schedule pay grades for DOD childcare services provider positions to ensure that, in the words of the Senate committee report, "the department is offering a fair and competitive wage" for those positions.

CRS Point of Contact : [author name scrubbed], x[phone number scrubbed].

Military Service Academies

There are three military service academies within DOD: the U.S. Military Academy (USMA), West Point, NY; the U.S. Naval Academy (USNA), Annapolis, MD; and the U.S. Air Force Academy (USAFA), Colorado Springs, CO. These are four-year bachelor degree-granting institutions. Cadets (USAFA and USMA) and midshipmen (USNA) receive free tuition, room and board, and a monthly stipend while enrolled. In addition to degree requirements, they also are required to participate in professional development activities throughout the academic year and in summer training periods. Qualified graduates are offered an appointment as a commissioned officer in the Army, Air Force, Navy, or Marine Corps, and are generally required to complete at least a five-year active duty commitment. The law allows for part or all of the commitment to be completed in the Reserve component.

DOD policy prior to 2016 allowed for certain cadets and midshipmen to have their active service commitment reduced, stating

Officers appointed from cadet or midshipman status will not be voluntarily released from active duty principally to pursue a professional sports activity with the potential of public affairs or recruiting benefit to the DoD during the initial 2 years of active commissioned service. A waiver to release a cadet or midshipman prior to the completion of 2 years of active service must be approved by the ASD(M&RA). Exceptional personnel with unique talents and abilities may be authorized excess leave or be released from active duty and transferred to the Selective Reserve after completing 2 years of active commissioned service when there is a strong expectation their professional sports activity will provide the DoD with significant favorable media exposure likely to enhance national recruiting or public affairs.

In May 2016, then-Secretary of Defense Ashton Carter announced at the Naval Academy Commencement that he had authorized a deferment of active duty commitment for certain cadets or midshipmen who were recruited directly into professional sports. On April 29, 2017, Secretary of Defense James Mattis released a memorandum to the Secretaries of the Military Departments canceling Carter's guidance and reinstating the pre-2016 policy (DODI 1322.22) that required at least two years of active service.

House Section 541 would have codified a requirement that graduates fulfill their active service commitments without exception before release to participate in professional sports (i.e., five years of active duty without early release to the Selective Reserve). Section 543 of the Senate bill would have allowed graduates selected to participate in professional athletics to accept an appointment as an officer in the Selected Reserve for the entirety of the five-year service obligation. The Administration "strongly objects" to Section 543 of the Senate bill, stating, "following graduation from a military service academy, individuals should serve as full-fledged military officers, carrying out the normal work and career expectations of an officer who has received the extraordinary benefits of a taxpayer-funded military academy education."

The final bill would codify a requirement that service academy graduates complete at least two consecutive years of commissioned service prior to pursuing a career as a professional athlete.

References : CRS Report RL33213, Congressional Nominations to U.S. Service Academies: An Overview and Resources for Outreach and Management , by [author name scrubbed] and [author name scrubbed].

CRS Point of Contact : [author name scrubbed], x[phone number scrubbed].