Military Personnel Subcommittee Mark Released

May 23, 2013
Press Release
H.R. 1960 – National Defense Authorization Act for Fiscal Year 2014

WASHINGTON- The House Armed Services Committee today released legislative language scheduled to be considered by the Subcommittee on Military Personnel at their Markup tomorrow. By releasing the legislative language, Chairman McKeon is complying with House disclosure rules and overseeing the most transparent process in Congress for composing national security legislation. >>View the Military Personnel Subcommittee Mark.

The House NDAA continues to be the most transparent process in Congress for composing national security legislation. Led by subcommittee Chairman Joe Wilson (R-SC), the proposal is a vital portion of the larger National Defense Authorization Act, supporting and protecting our warfighters with the care and benefits they need, deserve, and have earned; while hedging against the chance that defense cuts erode the sacred trust between our warfighters and the American people. Specifically, this year's proposal will:

  • Reduce the number of general and flag officer billets by 24.
  • Ensure service end strength requests are within the limitations for reductions set by the FY13 NDAA.
  • Support current law allowing for a 1.8% pay raise.
  • Reaffirm the Committee's commitment to the operational reserves by requiring a minimum 180 day notification before deployment or cancellation of deployment. Provides further authority to improve National Guard readiness.
  • Reject DoD proposal to increase TRlCARE Prime enrollment fees, pharmacy co-pays, and to establish an enrollment fee for TRlCARE for Life and TRICARE Standard. 
  • Authorize the commander of Special Operations Command to use SOCOM funding for family support services.

Recognizing the problem of sexual assault in the military, this year's Military Personnel Subcommittee Mark will build on prior year efforts and bi-partisan Member initiatives to protect our service members from sexual crimes. The sexual assault provisions will:

  • Prohibit command authorities from dismissing a finding by a court martial, with an exception for minor offenses. 
  • Prohibit command authorities from reducing a guilty finding by a court martial, to guilty of a lesser offense.
  • With regard to court martial sentence, prohibit reduction below mandatory minimum sentence, unless accused provided substantial investigative or prosecution assistance.
  • Eliminate the 5 year statute of limitations on Trial by Court Martial for additional offenses involving the crimes of sexual assault and sexual assault of a child.
  • Establish dismissal or dishonorable discharge as the mandatory minimum sentence under the UCMJ for guilty parties convicted of rape, sexual assault, forcible sodomy, or an attempt to commit those offenses.
  • Allow consideration of application for a permanent change of station or unit transfer submitted by a service member who is the victim of sexual assault.
  • Authorize a service Secretary to issue guidance to commanders on temporary reassignment or removal of service members alleged to have committed a sexual crime.
  • Require Victims’ Counsels, who would be qualified and specially trained lawyers in each of the Armed Forces, to be made available to provide legal assistance to victims of sex-related offenses.
  • Require the Secretary of Defense to assess the current role and authorities of commanders in the administration of military justice and the investigation, prosecution, and adjudication of offenses under the UCMJ.
  • Add rape, sexual assault, or other sexual misconduct to the protected communications of service members with Member of Congress or an Inspector General.
  • Direct the GAO to review implementation of the Air Force corrective actions recommended following the sexual misconduct at Lackland Air force Base.
The legislative text, descriptive section-by-section analysis, and directive report language can be found on the Committee Repository or on the NDAA Subcommittee Marks page.