[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.
____________________