On December 19, the House approved, 374-41, the conference report for the FY2006 defense authorization bill (H.R. 1815). The Senate approved the measure, by voice vote, on December 22. The President signed it into law (P.L. 109-163) on January 6, 2006.
The final measure authorizes $441.5 billion for defense programs in FY2006, $20.9 billion more than last year. The measure also authorizes an additional $50 billion in emergency supplemental funding for continuing operations in Iraq and Afghanistan. Under the law, $4.1 billion is authorized for the construction and improvement of military family housing.
P.L. 109-163 assists 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; abolishing the statute of limitations for rape and rape of a child; and establishing stalking as an offense.
The measure requires 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. According to the conference report, the bill also “would require the Secretary to develop a system for tracking cases in which care for a victim of sexual assault or prosecution of an alleged perpetrator was hindered by the lack of a rape kit or other needed supplies and resources.”
P.L. 109-163 requires 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. To open other military positions now closed to women, the secretary of defense must submit written notification to the House and Senate Armed Services Committees 30 days in advance. The secretary is further directed to undertake a review of the ground combat exclusion policy and submit it to the House and Senate Armed Services Committees by March 2006. Finally, the law provides that “any proposed change to the ground combat exclusion policy would only be implemented after notice to Congress and the end of a period of 30 days of continuous session of Congress.”
The measure authorizes a 3.1 percent pay raise for all uniformed service personnel; raises the maximum amount of monthly hardship duty pay by $450; increases the death gratuity for survivors of military personnel to $100,000 “in all cases in which military members die on active duty;” and enhances TRICARE benefits for children of servicemembers who die while on active duty.
While the Senate bill (S. 1042) would have increased the maximum Servicemembers’ Group Life Insurance (SGLI) benefit to $400,000 from $250,000, the conference report indicates that this increase is already in effect: “The conferees note that the Servicemembers’ Group Life Insurance Enhancement Act of 2005 (Public Law 10980), which was enacted on September 30, 2005, increased the maximum amount of coverage available under the SGLI program to $400,000 and modified the spousal notice provisions.”
The final law includes several provisions aimed at improving TRICARE, the military’s health insurance system. P.L. 109-163 requires the Comptroller General to undertake a study on “the participation of civilian providers of obstetrical services in the TRICARE program, and of the effectiveness of the payment system under TRICARE for obstetrical care services.” To promote awareness of mental health services for military dependents, a toll-free number and website will be established with information available in foreign languages, as well as a task force designed to improve mental health services provided to servicemembers. The secretary of defense is required to establish at least two pilot projects to improve the early diagnosis and treatment of Post Traumatic Stress Disorder (PTSD) and other mental health conditions.
The conference report does not include a Senate-passed provision that would have required members of the Armed Forces deployed in combat zones to undergo mental health screenings for PTSD and other mental health conditions, nor does it include provisions in the House and Senate bills that would have allowed mental health counselors to be reimbursed for TRICARE services without prior physician referral. Report language encourages the Department of Defense (DoD) to “examine ways to make as efficient as possible the method of communication among primary care and mental health care providers involved in the treatment of valid mental health disorders in the TRICARE program” and calls for the DoD to prepare a report “on actions taken to improve the efficiency and effectiveness of procedures to facilitate physician referral and supervision of licensed mental health counselors.”
The new law provides enhanced TRICARE Reserve Select (TRS) benefits for reservists and their families, including coverage for families of deceased members and qualified members who are involuntarily retired and a 90-day period for reservists released from active duty to decide whether to continue serving in the reserves and enroll in TRS. The House bill would have permitted a 120-day waiting period.
The conference report does not include the authorization of an additional $60 million for servicemembers’ child and family assistance benefits as provided in the Senate bill. Instead, the report states that the conferees “applaud the significant increases in child care services and family assistance provided by supplemental appropriations, and urge the Department of Defense to make the additional funding available immediately to the families of members on active duty who require such services.”
The measure authorizes “the reimbursement of expenses incurred in the legal adoption of a child” as well as “up to 21 days of leave for a military member to be used in connection with an adoption.” The conference report states the conferees’ intention that a uniform policy on adoption leave be established for all military departments.
P.L. 109-163 maintains current law, which specifies that the DoD covers abortions only in cases in which 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.
