On December 4, the Senate approved, 98-0, the FY2013 National Defense Authorization Act (S. 3254). The Senate Armed Services Committee approved the legislation on May 24 (see The Source, 5/25/12). The House passed its version of the bill (H.R. 4310) on May 18 (see The Source, 5/21/12). The measure will be considered by a House-Senate conference committee that will resolve differences between the two bills.
According to the committee report, the bill would authorize $646.734 billion in overall mandatory and discretionary budget authority for the Department of Defense (DoD) and national security programs at the Department of Energy. This amount is $233.979 million less than President Obama’s FY2013 request. The following chart details authorization levels for several programs important to women and their families.
|
Program |
President’s FY2013 Request |
Senate Authorization Level |
House Authorization Level |
| Military Personnel | $135.112 billion | $135.118 billion | $135.727 billion |
| Defense Health Program | $32.529 billion | $32.981 billion | $32.757 billion |
| Military Construction | $9.096 billion | $8.432 billion | $8.858 billion |
| Family Housing | $1.651 billion | $1.651 billion | $1.651 billion |
| Base Budget (DoD) | $525.342 billion | $525.839 billion | $528.614 billion |
| Overseas Contingency Operations (OCO) | $88.482 billion | $88.182 billion | $88.482 billion |
| Total mandatory and discretionary | $646.968 billion | $646.734 billion | $650.579 billion |
With regard to sexual assault in the military, the committee recommends a provision that reflects the recommendations of the secretary of Defense that would modify the current comprehensive policy for sexual assault prevention and response: “The provision would direct the following additions to existing policies: (1) a requirement to establish within each military department an enhanced capability for the investigation, prosecution, and defense of designated special victim offenses, (2) a requirement that each military department initiate and retain for a period prescribed by the secretary of Defense a record of the disposition of allegations of sexual assault using forms and procedures prescribed by the secretary of Defense, (3) a requirement that all commanders and commanding officers receive training on sexual assault prevention, response, and policies before, or shortly after, assuming command, (4) a requirement that all new members of the armed forces receive training during initial entry training on sexual assault prevention and response, (5) a requirement for specified military commands and units to conduct periodic climate assessments, (6) a requirement to post and widely disseminate information about resources available to report and respond to sexual assaults, and (7) a requirement to assign responsibility to receive and investigate complaints of a violation of or failure to provide the rights of a crime victim.”
The report notes: “The committee is pleased that the secretary of Defense has exercised his authority to ensure that initial disposition authority over specified sexual offenses is elevated to senior commanders who are required to consult with a judge advocate. This action will make certain that these serious offenses are addressed by an appropriate level of command. The committee looks forward to receiving regular briefings on the impact this policy change has on the disposition of sexual assault cases” (p. 108).
Citing its particular interest in how sexual assault crimes are investigated, prosecuted, and defended, the committee notes the Army’s special courses dedicated to new investigative and interviewing techniques. The committee also encourages DoD and the military services to adopt the best practices of the Army’s career-spanning sexual assault training for Army trial lawyers and military justice practitioners (p. 115).
The committee directs the secretary of Defense to report on the DoD inspector general’s implementation of recommendations made by the Government Accountability Office (GAO) in its June 2000 report, “Military Justice: Oversight and Better Collaboration Needed for Sexual Assault Investigations and Adjudications” (GAO–11–579) (p. 116).
The committee “strongly encourages” the military services to continue efforts to open additional service opportunities to women and remains concerned that assignment policies restricting service by women may continue to result in inaccurate characterizations of their combat, denying them earned benefits and services (p. 117-118). “The committee directs the secretary to report to the congressional defense committees no later than February 1, 2013, on its implementation of the policy changes announced in the February 2012 report, its assessment and evaluation of additional options to increase service and career opportunities for women, and the current practice of the department and the services in recognizing, recording, and characterizing combat-related service by female service members. The report should make recommendations for regulatory and statutory changes that the secretary considers appropriate to increase service opportunities for women in the armed forces.”
With regard to abortion, the committee recommends a provision that would permit the use of DoD funds to provide abortion services in the case of rape or incest (p. 128).
The committee also recommends a provision that would “provide fertility preservation treatments for service members who have been diagnosed with a condition for which the recommended course of treatment could cause infertility” (p. 128).
During the two-week consideration of the bill the Senate approved the following amendments, by voice vote:
