Representative Bradley Byrne

Representing the 1st District of Alabama

Our Common Defense

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Jul 6, 2020
Blog

Last week, the House Armed Services Committee, which I’m proud to be a member of, passed and sent to the full House the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.  This is the 60th year in a row that we have passed this act out of Committee, and since we passed it unanimously, we are optimistic it will pass the full House later this month.  This year’s version is named after a longtime member of the Committee and former Chairman, Mac Thornberry of Texas.  Mac led the charge to increase defense funding when President Trump took over.  He is also a personal friend of mine and a true friend to the people of Southwest Alabama.

Article I, Section 8 of the Constitution empowers Congress to “provide for the common defense… of the United States,” “declare war,” “raise and support armies,” and “provide and maintain a Navy.”  It’s our most important power, and the hard work of exercising that power is carried out by our Committee.  We pass only one bill each year, but in my judgement it, along with the bills appropriating money for operating the government, comprise the biggest legislative job of Congress each year.

The NDAA authorizes the defense of the country and the operations of the Department of Defense and the respective service branches.  It’s one of the few bills that enjoys broad bipartisan support year after year because our Committee’s members are committed to bipartisan support for the men and women who wear the uniform and defend the nation.  We hold numerous hearings, classified and unclassified, before the bill is written.  Our subcommittees do the same for their respective parts of the bill.  And we really legislate, that is we work through differences and address the nitty gritty details with the seriousness they deserve.  The bill is hundreds of pages long and takes an enormous amount of work. 

This is my seventh and last year to participate in the process and I am proud of the work the Committee has done even though there are some parts I personally would have done differently.  For example, I don’t agree with the topline spending we authorized because I think we have shortchanged some important defense endeavors like shipbuilding.  But, I understand that the number was negotiated last year by President Trump and Congressional leadership as part of a two year spending plan.  Our Committee had no choice but to honor that agreement, but I know it’s too low.

We also had a protracted debate on military bases named after former Confederate generals.  We Republicans backed an amendment to require the service secretaries responsible for those bases to review the use of those names going forward but did not want to dictate to them what their decision should be.  The Democrats on the Committee wanted to require them to change the names but didn’t dictate what the new names would be.  I couldn’t support the Democrats on this point because I don’t like usurping the service secretaries’ authority on operational details and I also wanted stronger input from the local communities where the bases are located.  As they form the majority on the Committee, the Democrats’ version prevailed.

We also had a long discussion regarding the Insurrection Act.  Passed in 1807, and amended twice, in 1861 and 1871, the Insurrection Act empowers a president to use active and national guard personnel under very exceptional circumstances, such as an armed uprising.  It was last used in 1992 to quell riots in Los Angeles.  President Trump talked about using the Insurrection Act when the protests around the country turned violent in late May and June, and that set off the national news media and the Democrats who wanted to limit his authority to do so.  As it turned out, President Trump did not invoke the law at all, but that didn’t stop the Democrats from offering an amendment that would have substantially limited a president’s authority.  I took the lead for the Republicans on the Committee as we didn’t want to limit that authority any more than it is already limited by the Posse Comitatus Act.  Fortunately, we won the debate, and the amendment to limit a president’s authority was defeated.

Most importantly for our area, the Committee added an Expeditionary Fast Transport (EPF) ship at my request and with the blessing of the Navy.  The EPF is an aluminum hulled catamaran capable of transporting 600 short tons of cargo 1200 nautical miles at an average speed of 35 knots in Sea State 3. It has a roll on/roll off capability for things like the Abrams Main Battle Tank, and a helicopter flight deck.  Its shallow draft dramatically expands the ports and waterways it can operate in.  It’s made at Austal USA in Mobile, and I’m very proud of the work the great shipbuilders there do.  I predict you will be hearing more about varied uses for the EPF in the future.

The American people deserve the peace of mind a strong national defense brings.  The men and women who wear our uniform and provide that defense deserve the Congressional authority to carry out their important jobs.  I have not hesitated to be critical of Congress when we have all too often failed to do our job in the past year and a half.  But, this time we did our job and passed a bill out of Committee which, while not perfect, fulfills Congress’s responsibility to provide for the common defense of our country.