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Defense Authorization Bill Moves to House Floor

After a mark-up session lasting more than 14 hours, the House Armed Services Committee on May 19 approved, 61-1, the National Defense Authorization Act for FY2006 (H.R. 1815). Last week, the subcommittees approved their portions of the bill and the Senate Armed Services Committee approved its version (S. 1042) (see The Source, 5/13/05).

In a press release announcing completion of the measure, Chair Duncan Hunter (R-CA) stated that the legislation “continues to fully resource and selectively expand the range of compensation and support programs for our most valued resource the men and women of our armed forces.”

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 measure 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.

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 increased by $450. The death gratuity would be increased to $100,000. The measure also 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 expand mental health care services to service members and their families by requiring reimbursement for mental health counselors without first requiring a referral from a primary care provider.

Provisions related to women in combat sparked a heated debate. The controversy surrounds a 1994 Department of Defense (DoD) policy restricting women in combat and combat-supportive roles. During the Personnel Subcommittee mark-up, Rep. John McHugh (R-NY) successfully inserted a provision that would prohibit women in the Army from serving in forward support companies. In response to opposition from Democrats and military leaders regarding the subcommittee language, Rep. McHugh offered an amendment codifying the 1994 DoD regulations, which exclude women from being assigned to units below the brigade level that engage in combat. Additionally, the amendment would allow the DoD to further exclude women from certain assignments and would require the DoD to notify Congress when opening any positions to women. The amendment was approved by voice vote.

Proposals by Reps. Loretta Sanchez (D-CA) and Vic Snyder (D-AR) that would have eliminated bill language concerning women in combat were rejected, by voice vote and by 30-32, respectively. An amendment offered by Rep. Susan Davis (D-CA) that would have delayed enactment of the restrictions on women in combat for 18 months failed by voice vote, as did an amendment by Rep. Ellen Tauscher (D-CA) that would have required each military department to increase opportunities for women.

Defending the measure, Rep. Hunter stated in a press release, “The nation should not put women in the front lines of combat. In my judgment, we will cross that line unless we make a policy decision as we design the new Army…This in no way forecloses hundreds of defense specialties for women away from the live fire of today’s battle field. The American people have never wanted to have women in combat and this reaffirms that policy.”

In a press statement, Rep. Sanchez argued, “The Department of Defense opposes this provision, and I can see no reason to overrule the professional judgment of the military leadership when we haven’t even had a hearing on this issue. This provision sends a horrible message to our soldiers – both male and female – and it is quite obviously going to affect recruiting, retention and morale.”

Rep. Gene Taylor (D-MS) offered an amendment that would authorize the provision of TRICARE, the military’s health program, to members of the reserve. The amendment was adopted, 32-30.

Rep. Marty Meehan (D-MA) offered an amendment that would have required the DoD to provide eight hours of transition counseling on job training, homeless assistance, housing assistance, and small business opportunities to those leaving the armed services. The amendment was rejected by voice vote. He also offered and withdrew an amendment that would have earmarked $67 million in emergency supplemental funding for such transition programs.

The committee defeated, 19-41, an amendment by Rep. Davis that would have allowed overseas military medical facilities to perform privately funded abortions on women in the armed forces.

The House is expected to consider H.R. 1815 next week.

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