On December 14, the House approved, 283-136, the conference report for the FY2012 National Defense Authorization Act (H.R. 1540). The Senate cleared the conference report on December 15, by a vote of 86-13. The House passed an earlier version of the bill on May 26 (see The Source, 5/27/11). The Senate cleared its version (S. 1867) on December 1 (see The Source, 12/2/11). President Obama is expected to sign the measure into law.
According to the House Armed Services Committee summary and report, the conference report provides $554 billion for the base Department of Defense (DoD) budget and $115.5 billion of overseas contingency operations. This amount is $19 billion below the FY2011 authorization and $24.1 billion below the president’s request.
The measure authorizes $153.669 billion for military personnel, which includes $11.677 billion in overseas contingency operations. The report authorizes $31.848 billion in FY2012 for the Defense Health Program; the authorization level for military construction, family housing, and base realignment and closures (BRAC) is $13.069 billion. Military personnel would receive a 1.6 percent pay increase.
The conference report also authorizes $40 million in impact aid for local educational agencies affected by the enrollment of military-dependent children and $5 million in impact aid for children with disabilities.
The report amends the Uniform Code of Military Justice, separating Article 120 (sex offenses in the military) into three separate articles pertaining to rape and sexual assault, sexual offenses against children, and other non-consensual sexual misconduct.
Members of the armed forces who are victims of sexual assault would be entitled to legal assistance and assistance provided by sexual assault response coordinators (SARCs) and sexual assault victims advocates (SAVAs).
The measure allows victims to disclose confidentially the details of their assault to military legal counsel, SARCs, SAVAs, DoD Safe Helpline personnel, health care personnel, and chaplains. The bill requires the expedited consideration and approval of applications for permanent change of station or unit transfer submitted by sexual assault victims.
The report also requires SARCs and SAVAs to be assigned to each brigade or equivalent unit level of armed forces. Training and certification programs for SARCs and SAVAs would be established by the secretary of defense.
The legislation requires the secretaries of Defense and Veterans’ Affairs to establish a comprehensive policy regarding the retention of, and access to, records and evidence relating to sexual assaults. Victims would have permanent access to such records.