On May 25, the House approved, 390-39, the FY2006 defense authorization bill (H.R. 1815). Last week, the House Armed Services Committee approved the measure (see The Source, 5/20/05).
H.R. 1815 would authorize $441.6 billion for defense and Department of Energy national security programs, a $19.4 billion increase over last year. The measure also authorizes an additional $49.1 billion in emergency supplemental funding for continuing operations in Iraq and Afghanistan. Under the bill, $4.2 billion would be authorized for the construction and improvement of military family housing, $40.5 million less than the administration’s request and $127 million more than the amount allocated by Congress in FY2005.
The House approved, 428-1, a manager’s amendment sponsored by Committee Chair Duncan Hunter (R-CA) that removed language from the bill restricting the role of women in combat in response to opposition from Democrats, military leaders, and some Republicans. The provisions would have codified existing 1994 Department of Defense (DoD) regulations, which exclude women from being assigned to units below the brigade level that engage in combat, and would have allowed the DoD to further exclude women from certain assignments. In an effort to strike a compromise, the manager’s amendment struck the committee-approved provisions and instead would require the secretary of defense to notify Congress at least 60 legislative days before opening positions currently closed to women under the ground combat exclusion policy. Further, to open other military positions now closed to women, the secretary of defense would be required to submit written notification to the House and Senate Armed Services Committees 30 days in advance. The amendment also directs the secretary to undertake a review of the ground combat exclusion policy and submit this to the House and Senate Armed Services Committees by March 2006.
The committee report accompanying the bill states, “The committee has taken action in this bill to assume more proactive control over assignment policies governing units involved in ground combat. In addition, the committee intends to undertake a full review of those assignment policies and the rationale underpinning them…In the meantime, the committee urges that the Secretary of Defense ensure that any reorganization of Army units take particular care to minimally expose female members of that service, either by doctrine of employment, to direct ground combat.”
During the debate, Rep. Hunter defended his position: “The facts are that 90 percent of the women polled who are in the Army do not want to go into direct ground combat. There may be people here in Washington, D.C. who want to send young women into direct ground combat, but the vast majority of those in the military do not want that. And the real reassurance to American moms and dads sitting around the breakfast table talking to their youngsters about joining the military is that they will not be sent into direct ground combat. And if a proposal is made to change that, then the U.S. Congress, under its obligation, will have a requirement to review that policy and act before it becomes the new policy.”
Describing the provisions on women in combat as “an ill-thought-out policy that has been proposed, revised, revised again, and argued all at the last minute without any hearings in the subcommittee,” Rep. Ellen Tauscher (D-CA) asserted, “I want to make it crystal clear to the American people that this does not go far enough in amending what previously had been put in the bill, and it potentially infringes on the right of women to serve in combat support positions alongside men, positions that women currently hold. Equally important, it also greatly reduces the ability of the Pentagon to make needed personnel changes at a time of war.”
An amendment by Rep. Louise Slaughter (D-NY) that would improve the DoD response to sexual assaults in the military was adopted by voice vote. The amendment would require the secretary of defense to assess current supplies, trained personnel, and resources dealing with sexual assault, including the availability of rape evidence kits and pregnancy tests in deployed units; develop a plan to improve the response to sexual assaults in deployed units; and report annually to the House and Senate Armed Services Committees regarding sexual assaults. Rep. Slaughter stated, “Women in the service put themselves in harms way to protect us and our Nation from threats at home and abroad. The least we can do is ensure they are protected when facing a horrible tragedy. My amendment helps the Defense Department provide military victims of sexual assault with honor, respect, and the best possible care that they deserve.”
Rep. Susan Davis (D-CA) offered an amendment to repeal the ban on privately funded abortions at U.S. military facilities overseas. Under current law, the Department of Defense 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. The amendment was defeated, 194-233.
Rep. Davis argued, “The Davis-Harman-Sanchez amendment lifts the current restriction on reproductive care in overseas military hospitals and permits servicewomen to walk into a U.S. military hospital, a familiar and trusted place, to use their own private funds for safe and legal pregnancy termination services,” adding, “Servicewomen do not receive the protection of the Constitution they defend. Mr. Chairman, let me repeat that again. Servicewomen do not receive the protection of the Constitution they defend.”
Rep. Jo Ann Davis (R-VA) disagreed: “American taxpayer dollars should not be used to pay for abortions, directly or indirectly, wherever they occur. Supporters of this amendment claim that taxpayer dollars would not actually pay for abortions, as you just heard. However, as previously pointed out, this simply is not true. Taxpayers would be paying for these abortions by subsidizing the cost of the physician services, the hospitals, and the abortion equipment.”
The House approved, by voice vote, an amendment by Rep. Rosa DeLauro (D-CT) that would increase awareness of mental health problems in military dependents and help them obtain mental health services. The amendment would establish a toll-free number and website, and would ensure that information is available in foreign languages.
An amendment offered by Rep. Ted Strickland (D-OH) that would require the Veterans Affairs Department to include information on mental health services in benefits counseling for servicemembers leaving active duty was approved by voice vote.
H.R. 1815 would assist the prosecution of offenses relating to sexual assault by amending the Uniform Code of Military Justice to clarify the definition of rape, sexual assault, and other sexual misconduct; abolish the statute of limitations for rape and rape of a child; and establish stalking as an offense. Noting that last year’s bill “required the Secretary of Defense to propose changes regarding sexual offenses in the Uniform Code of Military Justice (UCMJ),” the House Armed Services committee report adds that H.R. 1815 would amend the UCMJ “to provide a series of graded offenses relating to rape, sexual assault and other sexual misconduct” and would “provide a precise description of each offense and set interim maximum punishments based on the degree of the offense.”
Regarding the issue of domestic violence, the committee report “strongly urges the Department to issue a comprehensive confidentiality policy on domestic violence to ensure the ability of victims of domestic violence to obtain support, advocacy and care.” The report also states that H.R. 1815 would authorize child support payments in certain cases when servicemembers have been convicted of domestic violence that results in the death of a parent.
To assist military families, the committee report: 1) expresses interest in exploring cost effective ways for military spouses to further their education; 2) encourages the DoD to have useful programs to help spouses find employment; 3) recommends that the secretary of defense “further consider options for requiring defense contractors to hire military spouses, particularly overseas and in remote domestic locations that are isolated from civilian job markets.” The report also notes that H.R. 1815 would grant up to 21 days of adoption leave for members of the armed forces who are adopting children.
Several personnel benefits would be authorized under the bill. Basic pay for members of the Armed Forces would be increased by 3.1 percent and the maximum amount of monthly hardship duty pay would be raised by $450. The death gratuity would be increased to $100,000. The measure would strengthen the Casualty Assistance Program to ensure that service members and their families receive assistance “during their time of greatest need.” Additionally, the bill would increase the housing allowance for dependents of deceased servicemembers and expand travel authorizations for families of hospitalized servicemembers.
The committee report states that the “committee continues to be concerned about the capability of the Defense Health Program to provide quality, accessible health care to the members of the armed forces and their families, along with retirees and their families,” and notes that an additional $846 million would be authorized under H.R. 1815 for the program. H.R. 1815 would authorize mental health counselors to be reimbursed for TRICARE services without prior physician referral and would authorize a “media communication effort to foster a change in attitudes of members of the armed forces regarding treatment for mental health and substance abuse.”
The committee report also expresses concern that TRICARE rates “for obstetrics, gynecology, pediatrics and mental health remain fair and equitable;” the report requests a study to compare TRICARE rates with federal health programs.
Key language concerning the extension of TRICARE health benefits to reservists, approved by the House Armed Services committee on May 19, was removed by Committee Chair Hunter after the Congressional Budget Office determined the provision would exceed the bill’s mandatory spending allocation. H.R. 1815 does contain provisions that would enhance TRICARE Reserve Select (TRS) benefits for reservists and their families: extended coverage for families of deceased members and qualified members who are involuntarily retired, and a 120 day period for reservists released from active duty to decide whether to continue serving in the reserves and enroll in TRS.
Rep. Gene Taylor (D-MS), sponsor of the provision to extend TRICARE benefits to reservists, offered a motion to recommit the bill. The motion was defeated, 211-218.
The Senate is expected to consider its version of the bill (S. 1042) soon.
