[Congressional Record Volume 159, Number 182 (Friday, December 20, 2013)]
[Senate]
[Pages S9092-S9093]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   NATIONAL DEFENSE AUTHORIZATION ACT

  Mr. NELSON. Madam President, the Fiscal Year 2014 National Defense 
Authorization Act makes essential improvements for the well-being of 
the men and women serving in our armed services. It also seeks to ease 
the transition from active duty to veteran status for servicemembers by 
calling on the Department of Defense and the Department of Veterans' 
Affairs to fix the lack of communication between their electronic 
health records. This provision and countless others are why I was 
pleased to see this legislation pass last night with overwhelming 
bipartisan support. Unfortunately I was unable to record my vote but 
had I been in the

[[Page S9093]]

Chamber I would have voted in favor of this important piece of 
legislation. I supported this legislation when it was reported out of 
the Armed Services Committee. I would also like to thank Senator Levin 
and Senator Inhofe for their tireless efforts to complete this bill and 
fulfill our commitments to the men and women serving our country.
  Mr. WARNER. Madam President, I would like to call attention to a 
provision within the National Defense Authorization Act for Fiscal Year 
2014.
  I would like to thank Chairman Levin, Ranking Member Inhofe, Chairman 
McKeon, and Ranking Member Smith, for including in this year's National 
Defense Authorization Act my amendment, with Senators Collins, Kaine, 
and Grassley, to expand whistleblower and enhance protections for 
servicemembers who alert authorities to misconduct that includes sexual 
assaults and other sexual misconduct. I would like to thank my 
colleagues, Senators Collins, Kaine and Grassley, for their partnership 
in winning this breakthrough in newly-strengthened free speech rights 
for our troops when they defend accountability in the military 
services. It is important to be clear about a cornerstone of our 
amendment, which is the guaranteed right to an administrative due 
process hearing in all whistleblower retaliation cases. New subsection 
f(3)(B) provides that if the Secretary does not make a finding of 
illegal retaliation and order corrective action, the case shall be 
forwarded to the appropriate Board for Corrections of Military Records 
to receive a mandatory administrative due process hearing, ``when 
appropriate.'' There should not be any confusion. It is always 
appropriate to forward the case for hearing if jurisdiction exists for 
whistleblower retaliation alleged in the servicemember's complaint. It 
is only inappropriate if another provision of law provides the relevant 
rights, procedures and remedies to resolve the complaint, such as when 
the alleged misconduct is sexual harassment per se as opposed to 
whistleblower retaliation for disclosing sexual harassment.
  Mr. UDALL of Colorado. Madam President, I rise today to welcome the 
final passage of the 2014 National Defense Authorization Act--
frequently referred to as the NDAA. I would like to thank Armed 
Services Committee Chairman Levin and Ranking Member Inhofe, as well as 
Chairman McKeon and Ranking Member Smith in the House of 
Representatives, for their tireless and collaborative efforts in 
securing this critical piece of legislation. Although the NDAA did not 
go through the optimal amendment process, its passage today extends the 
necessary authorities to implement our national security strategy and 
support and protect Colorado's military community. As we head into the 
second session of the 113th Congress, I hope that we will remain 
mindful of the importance of a full and robust debate and ensure that 
the 2015 NDAA is open to amendments on the floor of the Senate.
  As the chairman of the Strategic Forces Subcommittee, I also want to 
thank my friend and colleague on the committee, Ranking Member 
Sessions. Senator Sessions has a long tenure on the subcommittee, and I 
have benefited from his experience. I am grateful for the collegiality 
he has shown over the past year, and I look forward to starting our 
work together again in the next session.
  I would also like to recognize the staff of the subcommittee for 
their tremendous support and dedication. For Senator Sessions and his 
subcommittee staff, I want to thank Dr. Robert Soofer, who advises on 
nuclear and missile defense matters, and Daniel Lerner, who advises on 
space, intelligence and cyber security. I also want to thank both Pete 
Landrum, Senator Sessions' senior defense policy adviser and Casey 
Howard, my military legislative assistant. On my subcommittee staff, 
Jonathan Epstein, deserves great credit for his work on nuclear 
weapons, space, and a host of other issues. Richard Fieldhouse, who 
advises on missile defense, and Kirk McConnell, who assists me on cyber 
and intelligence, also have my thanks and respect. Finally, special 
thanks to Lauren Gillis, the subcommittee's staff assistant, for her 
countless hours of preparation for our hearings, working with 
witnesses, and organizing our subcommittee markup.
  In closing, I would like to highlight one provision of the 2014 NDAA, 
section 3112, which establishes an Office of Cost Analysis and Program 
Evaluation in the National Nuclear Security Administration, NNSA. I 
want to be clear that the establishment of this new office was not 
meant to in any way alter the responsibilities and oversight of the 
Naval Reactors Program--a division of the NNSA that has a long track 
record of producing high quality projects on time and within budget. 
The Naval Reactors Program has traditionally been semi-independent 
within the NNSA, being dual hatted with fleet activities of the Navy, 
whose overall responsibilities are found and carried out under 
Executive Order No. 12344. While section 3112 speaks to the NNSA as a 
whole, it was not our intent to include the Naval Reactors Program 
under the purview of the new Office of Cost Analysis and Program 
Evaluation. During the next session, I will work with my colleagues in 
both the House and the Senate to correct this provision and reflect 
that intent.
  Mr. GRASSLEY. Madam President, it is a great pleasure to thank my 
colleagues, Senators Warner, Collins, and Kaine, for their partnership 
in winning this breakthrough in newly-strengthened whistleblower 
protections for our troops. It is important to be clear about a 
cornerstone of our amendment, which is the guaranteed right to an 
administrative due process hearing in all whistleblower retaliation 
cases. New subsection f(3)(B) provides that if the Secretary does not 
make a finding of illegal retaliation and order corrective action, the 
case shall be forwarded to the appropriate Board for Corrections of 
Military Records to receive a mandatory administrative due process 
hearing, ``when appropriate.'' There should not be any confusion. It is 
always appropriate to forward the case for hearing if jurisdiction 
exists for whistleblower retaliation alleged in the servicemember's 
complaint. It is only inappropriate if another provision of law 
provides the relevant rights, procedures and remedies to resolve the 
complaint, such as when the alleged misconduct is sexual harassment per 
se as opposed to whistleblower retaliation for disclosing sexual 
harassment.

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