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Defense Authorization Needs an Open Process

November 13, 2014

During the Obama presidency, the Senate has passed a defense authorization bill before the start of the fiscal year only one time. Twice in the last four years Senators were denied their right to amend legislation when Majority Leader Reid blocked an open amendment process for the defense authorization bill.

Fiscal Year

Date SASC version of bill passed

Amendment votes

2010 (S. 1390)

July 23, 2009

11

2011 (S. 3454)

SASC-reported bill never considered, motion to proceed rejected when Reid indicated he would fill tree

0

2012 (S. 1867)

December 1, 2011

7

2013 (S. 3254)

December 4, 2012

11

2014 (S. 1197)

SASC-reported bill did not pass, cloture rejected after Reid blocks all but two amendments

2

2015 (S. 2410)

?

?

The Senate considered the defense authorization bill last year around this time, and Majority Leader Reid allowed votes on only two amendments out of 507 filed before shutting down the process. Cloture was defeated, and the Senate later passed a defense authorization bill that had been finalized between the House and Senate Armed Services committees without further amendment. For comparison, when the Senate considered the fiscal year 2006 defense authorization bill (S. 1042), there were roll call votes on 25 amendments.

This stifling of debate under Senator Reid has consequences for both policy and politics. As a matter of politics, the American people have clearly rejected Democrats’ failure to govern. As a matter of policy, several measures became law precisely because they were added by amendment to the defense authorization bill during Senate consideration:

  • Hate crimes: making it a federal crime to perpetrate what is already a crime against someone based on the victim’s race, religion, or sexual orientation – added by S. Amdt. 1511 to S. 1390, the fiscal year 2010 defense authorization bill.
  • Iran sanctions: increased sanctions on Iran’s financial sector – added by S. Amdt. 1414 to S. 1867, the fiscal year 2012 defense authorization bill.
  • Iran sanctions: increased sanctions on the energy, shipping, and shipbuilding sectors of Iran’s economy – added by S. Amdt. 3232 to S. 3254, the fiscal year 2013 defense authorization bill. Though the administration consistently opposed holding Iran accountable for its illicit nuclear program by imposing tougher sanctions, President Obama has admitted it was the sanctions regime that compelled Iran to negotiate over its nuclear program.
  • Guantanamo detainees: prohibiting the transfer to the United States of Khalid Sheikh Mohammed or any other Guantanamo detainee – added by S. Amdt. 3245 to S. 3254, the fiscal year 2013 defense authorization bill.

In the past, the defense authorization bill has served as a vehicle for serious and important policies through an open amendment process. Majority Leader Reid should hear the message of the recent election and bring up the Senate Armed Services Committee version of the defense authorization bill under a fully open amendment process.