On October 9, the House approved, 359-14, the conference report for the FY2005 defense authorization bill (H.R. 4200). The Senate approved the conference report by unanimous consent later the same day. It will now go to the White House for President Bush’s signature.
H.R. 4200 authorizes $447.2 billion for defense programs in FY2005, a $45.9 billion increase over FY2004. 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 is 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 allocates $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 is provided for the construction and improvement of classroom and education facilities for the children of military personnel.
H.R. 4200 authorizes a permanent increase in the rate of the family separation allowance from $100 per month to $250 per month. The bill also allows members of the reserve and their families to participate in TRICARE, the military’s health program.
The measure requires the secretary of defense to provide, by March 1, 2005, a proposal for changes regarding sexual offenses in the Uniform Code of Military Justice and the Manual for Courts Martial.
The bill also expands 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” will examine sexual assaults in the military and report to Congress on its findings and recommendations.
H.R. 4200 requires the secretary of defense to develop a comprehensive policy for the prevention of, and response to, sexual assaults involving members of the Armed Forces, based on the recommendations of the task force. The bill also requires the Department of Defense to implement measures to address sexual assaults in the military, such as reporting on improvements in the department’s capability to respond to sexual assaults, the application of the comprehensive policy to the military departments, the modification of policies and procedures of military departments, annual assessment of policies and procedures, and annual reports to the Senate and House Armed Services Committees.
The bill authorizes a five-year extension of the pilot mentor-protege program. The program “provides incentives to major defense contractors to assist small disadvantaged businesses, women-owned businesses, and qualified organizations employing the severely disabled to enhance their capabilities as contractors on Department of Defense contracts.”
The measure also authorizes a five-year extension of the test program for negotiation of comprehensive small business subcontracting plans. Under the test program, “prime contractors may submit a plan designed to provide maximum subcontracting opportunities for small, disadvantaged, and women-owned small business concerns that covers all anticipated contracts on a plant, division, or corporate basis, rather than for each Federal contract and subcontract of $500,000 or more.”
H.R. 4200 does not include a provision in the Senate bill (S. 2400) that would have allowed the Department of Defense to cover abortions in domestic and overseas military facilities in cases of rape or incest for female troops, spouses, and dependents of military service members. Under current law, the department covers abortions only in cases in which the life of the pregnant woman is endangered. In cases of rape and incest, women have to 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 measure also does not include a provision in the Senate bill that would have expanded federal hate crimes to include gender, sexual orientation, and disability. Specifically, the provision would have authorized federal technical, forensic, and prosecutorial assistance to states in the investigation and prosecution of hate crimes. Under the provision, the federal government could not have prosecuted a case unless the U.S. Attorney General certified that there is reasonable cause that the crime was motivated by hate and that the state either did not have jurisdiction over the crime, had requested federal assistance, or did not object to federal prosecution. Individuals found guilty of a federal hate crime would have been subject to life in prison if death resulted from the offense.
Finally, the conference report does not include a provision in the Senate bill that would have raised the Federal Communications Commission fine for any incident of indecency from $27,500 to $275,000. Under the provision, the amount assessed for any continuing violation would not have exceeded $3 million.
Sen. Carl Levin (D-MI) expressed his disappointment “that the House conferees refused to accept important Senate provisions addressing hate crimes. Acts of violence and bigotry based on factors like race, religion, national origin, gender, sexual orientation, or disability can undermine our nation’s fabric by placing in question our continuing commitment to acceptance and diversity…The Senate has now passed the hate crimes bill on two separate occasions, and each time, the House has refused even to consider the provision on the merits.” Sen. Levin also expressed his frustration that House conferees did not include the Senate provision to allow the Department of Defense to cover abortions in domestic and overseas facilities.
