Scott Statement on No Vote on House-version of the FY2017 National Defense Authorization Act

WASHINGTON, D.C. – Congressman Robert C. “Bobby” Scott (VA-03) issued the following statement on his No vote on H.R. 4909, the National Defense Authorization Act for Fiscal Year 2017 (Roll Call No. 216):

“The House version of the FY2017 National Defense Authorization Act contained many provisions that I strongly support, especially those pertaining to shipbuilding and ship maintenance, as well as the proposed pay increase for our men and women in uniform.

“Unfortunately, the bill also includes several troubling provisions that ultimately required me to vote No. As drafted, the bill uses an accounting gimmick that would transfer approximately $18 billion from the Overseas Contingency Operations account to fund base Department of Defense accounts. The Ranking Member of the Armed Services Committee has pointed out that this will shortchange our men and women in the field, degrade military readiness, and require Congress to enact a supplemental funding request for U.S. operations in Afghanistan by April 30, 2017. This accounting gimmick also breaks last year’s bipartisan budget agreement, setting up an unnecessary fiscal fight in the months ahead.

“The legislation also includes restrictions on the President’s efforts to close Guantanamo Bay. Allowing the detention facility at Guantanamo to remain open only further undermines our nation’s national security goals and allows terrorists overseas to use the facility as a leading propaganda tool to recruit. And not to mention the fact that the facility depletes military resources that could be better utilized elsewhere in the Department of Defense.

“The bill also adds a new mandatory minimum in the Uniform Code of Military Justice for certain sex-related offenses committed by members of the Armed Forces. While a two year sentence may be appropriate for most individuals convicted of committing such abhorrent acts, it should be left to the discretion of the sentencing judge to determine the exact sentence based on all the relevant facts and circumstances of each individual case. The research and evidence over the last few decades has clearly demonstrated that mandatory minimums are ineffective deterrents, waste the taxpayers' money, force judges to impose irrational sentences, and discriminate against minorities. This provision only adds another mandatory minimum to the countless others currently contained in the federal code. If we expect to do anything about this problem, the first step has to be to stop passing new mandatory minimums.

“Most troubling, the bill includes two harmful provisions that hurt American workers. One provision would have the effect of permitting employment discrimination by religious organizations in all types of procurement using federal dollars. This provision turns the Civil Rights Act and the Americans with Disabilities Act (ADA) on its head. And another provision blocks implementation of the President’s executive order on Fair Pay and Safe Workplaces, which is designed to ensure that federal contractors are abiding by federal labor laws, including protections against wage theft, workplace safety rules, and the right of workers to unionize.

“The National Defense Authorization Act is usually the most significant bipartisan legislation to pass Congress each year. That is why it is unfortunate that House Republicans ignored this long standing custom by including these unnecessarily controversial provisions. It is my hope that as the process moves forward with the Senate, we can come together and resolve these differences to ensure that our military is well equipped to confront the many challenges we face around the world.”

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