Senate Approves Controversial Defense Policy Bill, Paving the Way for House Debate

The bill does not include language blocking the Pentagon's abortion travel policy or restricting gender-affirming health care for transgender service members and dependents.

Senate Approves Controversial Defense Policy Bill, Paving the Way for House Debate
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14 Dec 2023, 07:06 AM
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Defense Policy Bill Passes Senate with Controversial Exclusions

The Senate passed a defense policy bill Wednesday that authorizes the biggest pay raise for troops in more than two decades, but also leaves behind many of the policy priorities that social conservatives were clamoring for, making for an unusually divisive debate over what is traditionally a strongly bipartisan effort.

Lawmakers have been negotiating a final bill for months after each chamber passed strikingly different versions in July. Some of the priorities championed by social conservatives were a no-go for Democrats, so negotiators dropped them from the final product to get it over the finish line.

The bill passed the Senate by a vote of 87-13. It now heads to the House, where opponents have been more vocal about their concerns.

Most notably, the bill does not include language blocking the Pentagon's abortion travel policy.

Defense Bill Authorizes Boost in Service Member Pay

Defense Bill Authorizes Boost in Service Member Pay

The recently passed defense bill sets key Pentagon policy that lawmakers will attempt to fund through a follow-up appropriations bill. Lawmakers were eager to highlight the bill's provision for a 5.2% increase in service member pay, the largest raise in over two decades. The bill authorizes $886 billion for national defense programs for the current fiscal year, which began on October 1st, representing a 3% increase from the previous year.

Democratic Senate Majority Leader Chuck Schumer of New York expressed confidence that the bill would ensure "America's military remains state of the art at all times all around the world."

In addition to the pay increase, the bill includes a short-term extension of a surveillance program aimed at preventing terrorism and catching spies. However, the program has faced criticism from both sides of the political spectrum, with concerns about its impact on the privacy of ordinary Americans. Some House Republicans were particularly upset about the extension, which is intended to provide more time to reach a compromise.

The extension, known as Section 702 of the Foreign Intelligence Surveillance Act, is a program that allows the U.S. government to collect the communications of non-Americans located outside the country without a warrant, for the purpose of gathering foreign intelligence.

U.S. officials have defended the program, stating that it is crucial in disrupting terror attacks, cyber intrusions, and other national security threats. The program has provided vital intelligence for specific operations, such as the killing of al-Qaida leader Ayman al-Zawahri last year.

Strong Opposition to Surveillance Program Reauthorization

The administration's efforts to secure reauthorization of a surveillance program have faced significant pushback from both Democrats and Republicans. Sen. Ron Wyden of Oregon and Republican supporters of former President Donald Trump have joined forces to demand better privacy protections for Americans. In response, a number of competing bills have been proposed.

Sen. Rand Paul of Kentucky, in particular, has been vocal in his opposition. He sought to exclude the program's extension from the defense bill, arguing that it would prevent any potential reforms to the surveillance program in the future.

"Once again, the intelligence agencies that disregard their power constraints will go unchecked and unpunished, and the warrantless surveillance of Americans in violation of the Bill of Rights will continue," said Paul.

The opposition within the GOP has become significant enough that House Speaker Mike Johnson has decided to use a process typically reserved for non-controversial legislation to bring the defense policy bill to a vote. This avoids the possibility of a small number of Republicans blocking it through a procedural vote.

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While the passage of the bill may make things easier, it could have a negative impact on Johnson's reputation among some of the more conservative members in the House. It only takes a small number of Republicans to bring House proceedings to a halt or even remove a speaker from their position, as former House Speaker Kevin McCarthy discovered when eight Republicans joined forces with Democrats to remove him.

The White House has called for the bill to be passed quickly, stating that it "provides the necessary authorities to build a military capable of deterring future conflicts, while also supporting the servicemembers and their families who carry out that mission every day."

The consideration of this bill comes at a particularly dangerous time for the world, with conflicts occurring in Ukraine and the Middle East, and with China increasingly demonstrating its military power in the South China Sea.

Regarding Ukraine, the bill includes the establishment of a special inspector general for Ukraine to address concerns about the proper use of taxpayer dollars in the country. This is in addition to the oversight work already being carried out by other agency watchdogs.

"We will continue to closely monitor this situation, but I want to assure my colleagues that there is no evidence of any diversion of weapons provided to Ukraine or any other form of assistance," stated Rep. Mike Rogers of Alabama, the Republican chairman of the House Armed Services Committee, when advocating for the bill this week.

Defense Bill Includes Measures on China and Reproductive Care

The recently passed defense bill includes several measures aimed at addressing China's military advancements and reproductive care policies. One of the key provisions is the establishment of a new training program between the United States and Taiwan, which aims to enhance their military cooperation. Additionally, the bill requires a plan to expedite the delivery of Harpoon anti-ship missiles to Taiwan, strengthening their defense capabilities.

Another significant aspect of the bill is the approval of an agreement that grants Australia access to nuclear-powered submarines. These submarines are considered to be more advanced and stealthier compared to conventionally powered vessels, providing Australia with a strategic advantage in the region.

However, the defense bill has faced opposition from some House Republicans due to a provision that allows for travel reimbursement for service members seeking reproductive care, including abortions. This provision was implemented by the Biden administration in response to the Supreme Court's decision to overturn the nationwide right to an abortion. Some states have since imposed restrictions or bans on the procedure.

Republican Senator Tommy Tuberville of Alabama had previously blocked the promotion of over 400 senior military leaders in protest of the reimbursement policy. Although he recently lifted most of his holds, he maintained his objection to the promotion of four-star generals and admirals. Many House Republicans supported Tuberville's efforts and included a repeal of the reimbursement policy in the House version of the defense bill.