skip to main content

Defense Authorization Bill Moves to House Floor

After a mark-up session that lasted close to 14 hours on May 12, the House Armed Services Committee approved, 60-0, the FY2005 defense authorization bill (H.R. 4200). Last week, the subcommittees approved their sections of the bill, and the Senate Armed Services Committee approved its version of the defense authorization bill (S. 2229)(see The Source, 5/7/04).

In a press release announcing completion of the measure, Chair Duncan Hunter (R-CA) stated, “The committee’s efforts have been guided by the belief that we must make this the ‘Year of the Troops’ in honor of our brave men and women in uniform deployed around the world. The legislation reflects this approach by adjusting spending priorities wherever possible away from areas of lesser priority to those programs and activities that directly enhance the combat and force protection capabilities of our soldiers.”

H.R. 4200 would authorize $422.2 billion for defense programs in FY2005, a $20.9 billion increase over last year. The measure also provides an additional $25 billion in emergency budget authority to partially cover the projected costs of continuing operations in Iraq and Afghanistan.

Under the bill, $992.2 million would be provided for the construction and improvement of military family housing, the same level as the administration’s request. In FY2004, Congress allocated $1.1 billion.

The measure would allocate $26 million for child development centers, $15 million more than the administration’s request. Last year, Congress allocated $16.5 million. As requested by the administration, $72.2 million would be provided for the construction and improvement of classroom and education facilities for the children of military personnel.

H.R. 4200 would authorize a permanent increase in the rate of family separation allowance from $100 per month to $250 per month. The bill also would authorize a three-year demonstration project to allow members of the reserve and their families to participate in TRICARE, the military’s health program.

The measure would require the secretary of defense to provide, by March 1, 2005, a proposal for changes regarding sexual offenses in the Uniform Code of Military Justice.

The bill also would expand the mission of the Task Force on Sexual Harassment and Violence at the military service academies. Under its new name, the “Defense Task Force on Sexual Assault in the Military Services” would examine sexual assaults in the military and report to Congress on its findings and recommendations.

H.R. 4200 maintains current law, under which 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.

During consideration of the bill, the committee defeated, 27-33, an amendment by Rep. Loretta Sanchez (D-CA) that would have increased the criminal punishments for military personnel who commit acts of sexual abuse or sexual assault. The Total Force Subcommittee rejected the amendment last week. Expressing her disappointment in the outcome of the vote, Rep. Sanchez said in a statement released by her office, “Right now, the military law is weak and the Sanchez amendment would bring an already proven statute to address a growing crisis in our military,” adding, “This is a reasonable and, frankly, a conservative approach to updating this law. We can’t afford to continue to keep our soldiers unprotected from sexual predators, particularly when we are calling on them to make such incredible sacrifices to keep us safe.”

Specifically, the amendment would have clarified the definition of sexual assault, expanded the scope of sexual acts that constitute sexual abuse, increased the protections for victims, criminalized sexual extortion, provided a mechanism for cases involving voluntary or involuntary intoxication of the victim, provided an array of graduated offenses that better define nonconsensual sex crimes, and defined penalties for sexual crimes against prisoners and detainees.

The committee also defeated, 20-30, an amendment by Rep. Susan Davis (D-CA) that would have shifted $414 million from missile defense programs to the construction of military housing in several states.

The House and Senate are expected to consider the FY2005 defense authorization bills next week.