Defense Authorization Bills Move through Congress

House

On May 22, the House approved, 325-98, the FY2015 National Defense Authorization Act (NDAA) (H.R. 4435). The House Armed Services Committee approved the legislation on May 7 (see The Source, 5/9/14).

According to the committee report, the bill would authorize $495.8 billion for the Department of Defense (DoD), $17.5 billion for national security programs at the Department of Energy, and $79.4 billion for overseas contingency operations in FY2015. The bill would authorize $31.4 billion for the Defense Health Program and $6.5 billion for military construction. The legislation would authorize $129 billion for military personnel.

The measure contains several provisions to reduce and eliminate sexual assault in the military, including provisions to improve sexual assault victims’ rights, ensure that enhancements made to sexual assault prevention and response policies apply to the military service academies, and clarify that the accused’s general military character is not used as evidence of innocence. In addition, individuals convicted of sex-related offenses under the Uniform Code of Military Justice would face a minimum two-year dismissal, dishonorable discharge, or confinement.

The legislation would require the secretary of Defense to validate the gender-neutral occupational standards for each branch of service. The secretary also would be prohibited from enforcing changes to hair standards and grooming policies for female service members until the standards had been evaluated. The opinions of individuals with religious accommodation requirements and minorities must be included in the evaluation.

Child custody arrangements in place before a parent is deployed would be protected; the deployment or anticipated deployment of a parent could not be used to determine what is in the best interest of the child.

During consideration of the bill, the House approved several en bloc amendments, by voice vote. The en bloc amendments included the following provisions:

• An amendment by Rep. Tammy Duckworth (D-IL) to expand maternity leave for active duty service members by an unpaid six weeks to be in line with Family and Medical Leave (P.L. 103-3);
• An amendment by Rep. Alan Grayson (D-FL) to return personal property used as evidence in cases of military sexual assault to its rightful owner;
• An amendment by Rep. Cathy McMorris Rodgers (R-WA) to require the secretary of Defense of report on the progress of the Military Spouse Employment Program;
• An amendment by Rep. Lois Capps (D-CA) to make breastfeeding supplies, support, and counseling available under the TRICARE program;
• An amendment by Rep. Loretta Sanchez (D-CA) to require the DoD to report on steps it is taking to ensure access to reproductive counseling and infertility treatments by military personnel and their families;
• An amendment by Rep. Jackie Speier (D-CA) to require the secretary of Defense to implement the recommendations of the Interagency Breast Cancer and Environmental Research Coordinating Committee and increase the study of chemical and physical factors in breast cancer;
• An amendment by Rep. Speier to allow women-owned small businesses to receive sole-source contracts and accelerate the study of access disparities in the procurement program;
• An amendment by Rep. Susan Davis (D-CA) to establish the sense of Congress on the importance of women in ensuring the future success of Afghanistan;
• An amendment by Rep. Niki Tsongas (D-MA) to establish the sense of Congress that women should be included in conflict resolution and a statement of US policy promoting the security of Afghan women and girls during the transition process. The amendment also requires the DoD to report on efforts to support the security of Afghan women and girls; and
• An amendment by Rep. Robin Kelly (D-IL) to require a report on efforts to assist in the search and rescue of the Nigerian school girls kidnapped by Boko Haram.

Senate

The Senate Armed Services Committee approved, 25-1, its version of the NDAA on May 22. The Armed Services Personnel Subcommittee approved, by voice vote, its portion of the bill (as-yet-unnumbered) on May 21.

According to a detailed committee summary, the bill would authorize $496 billion for the base DoD budget and $17.7 billion for national security programs at the Department of Energy. The total includes $6.5 billion for military construction and family housing projects.

The bill would authorize $31.8 billion for the Defense Health Program, as well as breastfeeding support, supplies, and counseling during pregnancy and the postpartum period as a covered benefit for TRICARE beneficiaries.

Like the House companion bill, the Senate NDAA contains several provisions to address military sexual assault. Among the provisions, the measure would:

• Authorize a special victims’ counsel to represent the victim of a sex-related offense at any proceeding in connect with the alleged offense;
• Require special victims’ counsel to advise victims on jurisdictional options for prosecution of certain offenses and require that the victims’ preference be considered;
• Authorize the assistance of special victims’ counsel for a member of the reserves who is a victim of sexual assault and not otherwise entitled to legal assistance;
• Ensure that sexual assault prevention and response provisions from the FY2014 (P.L. 113-66) and FY2015 NDAA apply to the military service academies;
• Require that the accused’s general military character is not admissible as evidence of innocence in sexual assault cases; and
• Authorize the return of personal property retained as evidence in a sexual assault case to its rightful owner.

Additional details will be made available when the committee releases its report.