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House Approves FY2007 Defense Authorization Bill

On May 11, the House approved, 396-31, the FY2007 defense authorization bill (H.R. 5122). Last week, the House Armed Services Committee approved the measure (see The Source, 5/5/06).

H.R. 5122 would authorize $512.9 billion for defense programs and Department of Energy national security programs, a $21.3 billion increase over last year. The measure also would authorize an additional $50 billion in supplemental funding for operations in Iraq, Afghanistan, and the global war on terrorism. Under the bill, all members of the armed forces would receive a 2.7 percent across-the-board pay raise, 0.5 percent more than the administration’s FY2007 budget request; $300 million would be authorized to cover the increase. The measure would authorize $4.1 billion for family housing operations, maintenance and construction projects, $28.5 million less than the administration’s request.

The measure would expand TRICARE coverage to include forensic examinations following sexual assaults and domestic violence. Committee report language directs the secretary of defense to review procedures of certain pretrial investigations of sexual assault and domestic violence to determine whether the proceedings should be closed to the public and media. According to the committee report, “The review shall be conducted with the particular interests in mind for victims of sexual assault and domestic violence and the unique concerns that may be associated with or accompany their testimony in a public forum, as well as for all other victims and witnesses who may provide less than complete testimony in a public setting due to embarrassment or timidity.”

The committee report commends the secretary of defense for the September 2004 memo entitled, “Combating Trafficking in Persons,” but mandates several directives to implement the zero tolerance policy:

  • The secretary of defense is to ensure that combatant commanders designate a person on their respective staffs to carry out anti-trafficking programs and oversee implementation of Office of the Secretary of Defense (OSD) anti-trafficking directives; and
  • Military criminal investigators and prosecutors are to be trained on how to use existing provisions in the Uniform Code of Military Justice, the Manual for Courts-Martial, and the Military Extraterritorial Jurisdiction Act to identify and prosecute human trafficking cases;
  • The Joint Service Committee on Military Justice should study whether the Uniform Code of Military Justice and Manual for Courts-Martial are adequate to proscribe trafficking in persons by military personnel; and
  • The OSD is to compile and disseminate to combatant commanders best practices to combat trafficking, particularly those which have already been used effectively by one or more combatant commander.Despite a DoD proposal for higher TRICARE beneficiary cost shares, H.R. 5122 would prohibit the DoD from increasing TRICARE Prime, Standard and TRICARE Reserve Select cost shares until December 31, 2007. Under the bill, $735 million would be added to the defense health program to restore the amount cut by the budget request in anticipation of increased beneficiary cost shares.

    The measure would allow reimbursement for mental health counselors, who have provided services to TRICARE beneficiaries without prior physician referral or supervision. Committee report language urges the Departments of Defense and Veterans Affairs “to expand their current programs to include training programs, services and resources designed by behavioral health personnel with experience in a combat theater and focused on addressing combat stress and reintegration issues for active and reserve component personnel and their families.”

    Reservists would benefit from several provisions in H.R. 5122: TRICARE coverage would be expanded to almost all reservists, and the bill would mandate a study of the feasibility of allowing the families of reserve personnel called to active duty to continue health care coverage under a civilian health care program and be reimbursed.

    The effective use of the Army’s Virtual Family Readiness Group as an outreach and support tool is highlighted in the committee report accompanying H.R. 5122. The report notes that “extended and multiple deployments may have an adverse impact on the stability of military families” and recommends that the other services investigate using similar technology.

    Committee report language states that “there are over 90,000 military members who are married to other military members and that the number of these dual military couples is increasing. However, the committee notes that personnel and compensation law and policy that have been established over time have not taken into account the changing marital demographics of the force.” The committee report requires the secretary of defense to review personnel and compensation law and policy to ensure equitable treatment for dual military couples.

    H.R. 5122 would authorize $50 million in unrequested funds for additional child care services. Under the bill, a task force to make recommendations to aid small businesses when their servicemember employees are deployed would be established.

    During consideration of the bill, the House defeated, 191-327, an amendment offered by Rep. Robert Andrews (D-NJ) to repeal the ban on privately funded abortions at U.S. military facilities overseas. Under current law, the DoD covers abortions in domestic and military facilities only in cases where the life of the pregnant woman is endangered. In cases of rape and incest, women must prove that they have been the victim of rape or incest. If they can prove this, they may obtain abortion services with their own funds. Servicewomen who are seeking abortion services under other circumstances must pay for those services at a non-military facility.

    Affirming that “no federal funds would be used for those procedures,” Rep. Susan Davis (D-CA) stated, “This amendment affects only U.S. military facilities overseas in countries where abortion is legal, and it also observes the refusal clauses and will not force providers to perform abortions.” She asserted that “women serving in uniform are fighting to protect our freedom and our rights. Yet these women do not receive the protection of the Constitution they so ably defend. Even for those who don’t require this service, the presence of this ban sends a demoralizing message.”

    Rep. Virginia Foxx (R-NC) contended, “Military treatment centers, which are dedicated to healing, nurturing and saving lives, should not be forced into the business of ending lives. This amendment, plain and simple, turns these facilities into abortion clinics by repealing a pro-life provision, a pro-life provision which was signed into law by President Clinton as part of the National Defense Authorization Act in 1996.”

    Rep. Duncan Hunter (R-CA) offered an en bloc amendment that included language that would require the DoD to provide the number of disciplinary actions relating to sexual assault in the annual report on sexual assault in the military. The amendment was adopted by voice vote.

    “In order for us to effectively address this serious problem, evaluations must be based on facts and statistics,” Rep. Louise Slaughter (D-NY) stated. She acknowledged that the recent DoD annual report on sexual assaults had been “helpful,” but pointed out that “of the 79 courts-martial issued in 2006, we have no idea how many resulted in convictions.” She added, “By including the results of all disciplinary actions in the annual report, we will have a more complete, transparent understanding of how DoD is addressing the problem of sexual assault in military.”

    The Senate is expected to consider its version of the bill (S. 2507) in the next few weeks.