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Debate on FY2006 Defense Authorization Bill Begins in Senate

This week, the Senate began its debate on the FY2006 defense authorization bill (S. 1042). The House approved its version of the bill (H.R. 1815) on May 25 (see The Source, 5/27/05). The Senate is expected to continue consideration of the bill next week.

Senate Armed Services Committee Chair John Warner (R-VA) stated, “I believe the National Defense Authorization Act for fiscal year 2006 prudently addresses the defense needs of our Nation and recognizes the service and sacrifice of our men and women in uniform and their families, provides the resources necessary to win the global war on terrorism, and makes the necessary investment to provide for the security of our Nation in the years to come.”

Ranking Member Carl Levin (D-MI) concurred: “The bill that is reported by the Armed Services Committee will improve the quality of life of the men and women in uniform, provide funding needed to continue ongoing military operations in Iraq and Afghanistan, make needed improvements to the management of the Department of Defense, and authorize critical investments that are needed to reduce the risks the United States will face in the 21st century.”

The National Defense Authorization Act for Fiscal Year 2006 (S. 1042) would authorize $441.6 billion in budget authority for defense programs in FY2006, the same level as the House bill and $21 billion more than last year. An additional $50 billion in emergency supplemental funding, $900 million more than H.R. 1815, would be authorized for continuing operations in Iraq and Afghanistan.

S. 1042 would amend the Uniform Code of Military Justice (UCMJ) by abolishing the statute of limitations for rape, extending the period of prosecution for child abuse, and establishing stalking as an offense. Provisions in the House bill amending the UCMJ to clarify the definition of rape, sexual assault, and other sexual misconduct are not included in the Senate bill. The Senate committee report recommends that “the Department of Defense consider, as part of its implementation of policies on sexual assault, a requirement for victims of sexual assault who are being involuntarily separated from active-duty service to be afforded, on a voluntary basis, an opportunity for a general or flag officer review of their case.”

The measure would authorize a 3.1 percent pay raise for all uniformed service personnel; increase the death gratuity for survivors of military personnel to $100,000 “for deaths from combat-related causes or causes incurred in combat operations or areas;” increase the maximum Servicemembers’ Group Life Insurance benefit to $400,000 from $250,000; and enhance TRICARE benefits for children of servicemembers who die while on active duty.

Under the bill, $42 million would be authorized for non-medical counseling and $170 million for family assistance centers. The committee report recommends an increase of $30 million “to support non-medical counseling services available through the Department of Defense’s Military One-Source program, which provides up to six face-to-face counseling visits for individual and family needs, both in the continental United States and overseas” and to reduce “the shortfall of funding for family assistance centers serving the Army National Guard, Air Force National Guard Wings, Air Force Reserve, and Army Reserve.”

S. 1042 would authorize $440 million for child care services. The report asserts, however, that “additional funds are needed,” and details the problem: “The committee is concerned that the Department has a deficiency of approximately 38,000 spaces, equating to 167 child development centers, for the care of children of service members between the ages of 6 weeks and 5 years. In many cases, a family must wait 18 months before they can be accommodated at existing centers on military installations, resulting in the use of off-base facilities at a much greater cost and inconvenience for families. This deficiency has increased significantly in the past two years and adds a substantial burden to the families of deployed service members. Aside from housing, access to quality child care offered at military installations has become the top quality of life concern among military personnel. It is the committee’s intent that the authorities provided in this provision would be used to increase the options available to the Department to quickly address the shortfall in child development centers with temporary facilities and to transfer existing funds from other accounts to construct new centers.”

According to the report, “the Parents as Teachers program can provide a valuable service to military families, based on voluntary participation, through providing instructional assistance to parents of pre-school children.” Noting that the “budget request included no funding in Operation and Maintenance, Defense-wide (OMDW), for the Parents as Teachers program,” the committee proposes $1 million for this purpose.

The report also notes the committee’s concern that servicemembers lack access to flexible spending accounts for their families’ health and dental insurance premiums, out-of-pocket health care expenses, and child care services. The committee directs the secretary of Defense “to provide a report to the congressional defense committees by March 1, 2006, on a plan to evaluate and implement these programs for uniformed service members, including identification of any administrative or statutory barriers to achieving their implementation.”

TRICARE reimbursement rates to civilian providers for obstetrical, gynecological, and pediatric services also are highlighted in the report: “The committee is aware that some doctors and hospitals have declined to participate in the TRICARE program for obstetrical, gynecological, and pediatric services because of claims that reimbursement rates for TRICARE are too low.” The committee directs the Comptroller General to study the adequacy of these reimbursements, taking into consideration how the TRICARE rates are determined and how they compare to “comparable rates paid by national health care plans offered by the Federal Employees Health Benefits Program.”

Regarding mental health benefits under TRICARE, the report states, “The committee is concerned that many military family members, including both active and mobilized National Guard and Reserve families, do not have adequate information about mental health benefits that are authorized under the TRICARE program. In light of evidence of the increased need for mental health services, the committee directs the Department of Defense to initiate…an extensive effort to reach all military families with information about mental health services that are authorized under the TRICARE program and how to access these services through both military and civilian providers.”

S.1042 would require the secretary of Defense to “carry out not less than three pilot projects to evaluate the efficacy of various approaches to improving the capability of the military and civilian health care systems to provide early diagnosis and treatment of Post Traumatic Stress Disorder (PTSD) and other mental health conditions.” The committee report notes that “accurate and timely diagnosis of posttraumatic stress disorder (PTSD) supports recovery and a higher quality of life for combat veterans,” and recommends an increase of $1 million for PTSD research.

Under the bill, the 5 percent contract goal for small disadvantaged businesses and certain institutions of higher education would be extended for three years.

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