A Comparison of House and Senate Versions of the Fiscal Year 2005 Defense Authorization Act
Last week House and Senate conferees on the Fiscal Year 2005 Defense Department Appropriations bill reached agreement on the compromise version of this legislation. And like the appropriations legislation, the House and Senate versions of the FY’05 Defense Authorization bill are in basic agreement on the vast majority of funding levels for Pentagon programs and overall spending.
There are, however, a number of policy issues which House and Senate conferees negotiating the final version of the authorization legislation will have to resolve. For some issues, like increasing Army end strength numbers, there is an agreement in principle with only the details to be worked out. For others, though, like base closures and “Buy America” provisions, there are differences that could prove thorny, particularly in an election year.
Major Differences Between the House and Senate Bills
Military Base Closures I: The House version suspends the 2005 base closure process until the Department of Defense submits reports on a number of issues, including plans for overseas basing, force transformation, active/reserve force mix, and infrastructure necessary to support a growth “surge” in the size of the military. If all required reports are completed on schedule, the base closure process would begin in 2007. The Senate version contains no such provision.
Military Base Closures II: The Senate version repeals the Secretary of Defense’s authority to recommend that certain bases be put on inactive status (i.e. “mothballed”) during the 2005 round. The House version contains no such provision.
“Buy America” (Offsets for U.S. weapons sales overseas): The House version seeks to eliminate foreign “offsets” – when foreign governments buying military equipment from U.S. companies require those companies to invest in, and/or transfer technologies to, companies in the country of purchase. Most countries expect, and many require, the inclusion of offsets in any foreign military purchases. The United States does not require offsets for its purchases from foreign companies. The House legislation contains provisions blocking the purchase of military items or services by the Defense Department from foreign companies unless their government matches the U.S. offset policy. The Senate version contains no such provision, but instead broadens the Defense Secretary’s current authority to waive existing “Buy America” laws for close U.S. allies.
Force End Strengths: The House would increase Army end strength by 30,000 and Marine Corps end strength 9,000 with annual increases of 10,000 and 3,000 respectively in fiscal years 2005, 2006, and 2007. The Senate would increase Army end strength only, by 20,000, in fiscal year 2005.
Non-Proliferation Programs I: The Senate version grants the President permanent authority to waive restrictions on spending for destruction of chemical weapons in Russia, and removes the $50 million limitation on the amount of prior-year, unobligated Cooperative Threat Reduction (CTR) program funds [the so-called “Nunn-Lugar”program] the President can authorize for projects and activities outside the former Soviet Union. The House version grants the President only a one-year extension of his waiver authority for chemical weapons destruction, and does not authorize use of CTR funds for projects outside the former Soviet Union.
Non-Proliferation Programs II: The Senate version authorizes the Secretary of Energy to undertake a “global cleanout” program to accelerate efforts to remove and secure nuclear materials and equipment from vulnerable research reactors and other facilities around the world. The House version contains no similar provisions.
For additional details, see “Nonproliferation Update: Comparison of House and Senate Defense Authorization Bills for FY2005.”
Missile Defense: The Senate version directs the Missile Defense Agency to ensure that if a Near Field Infrared Experiment (NFIRE) test takes place, it should be conducted in a way that no collision between the spaced-based sensor and target occurs in order to avoid the creation of potentially dangerous space debris. The House version contains no similar provisions.
Treatment of Prisoners/Detainees: The Senate version of the legislation bars any person being held by the United States from being tortured or treated in ways prohibited by the Constitution, laws or treaties of the United States, or not in compliance with the Geneva Conventions. It also requires the Defense Department to report to Congress on the numbers and status of foreign detainees in U.S.-controlled prisons. The House version requires the Secretary of Defense to develop policies to prevent the abuse of prisoners by members of the armed forces, Defense Department personnel, or contractors related to the war on terrorism.
Airborne Tankers: The House legislation includes $98.5 million for the Air Force’s KC-767 airborne tanker lease/purchase program. The Senate version sets a broad range of reporting requirements that must be met before the Air Force can approve any tanker lease/purchase agreement, and effectively delays any such approval until at least November, 2004.
Guard/Reserve Healthcare Benefits: The Senate bill allows members of the National Guard and the reserves to enroll in the Pentagon’s Tricare healthcare program regardless of their activation status. Currently only reservists are covered while on active duty, and for a brief period thereafter. The House version contains no similar provisions.
Reimbursement for Body Armor Purchases: The Senate bill allows families to seek reimbursement for purchases of body armor made on behalf a family member deploying to Afghanistan or Iraq who was not issued this equipment prior to deploying. Reimbursements are limited to no more than $1,100, and are for purchases that occurred between September 11, 2001, and December 31, 2003. The House version allows for reimbursements for body armor purchased during this period by individuals or family members, but does not cap the amount of reimbursement.
Overseas Abortions: The Senate version permits the use of Defense Department funds for abortions for service people stationed overseas in the cases of rape and incest. The House version contains no such provisions.
Provisions Not Related to Defense
Hate Crimes: The Senate version expands the federal definition of hate crimes to include gender, sexual orientation or disability, and provides additional federal assistance in solving hate crimes. The House version contains no similar provisions.
Broadcast Decency Standards: The Senate version increased penalties for obscene, indecent and profane broadcasts. The House version contains no similar provisions.
Sources: House Report 108-491, Senate Report 108-260.