Re: Civil Liberties Issues in the Department of Defense Authorization Bill 

Dear Conferee: 

The American Civil Liberties Union urges you consider several important civil liberties issues as you negotiate the contours of the final FY 2003 Department of Defense Authorization Bill. 

(1) Permit Privately Funded Abortions at U.S. Military Hospitals 

We urge you to support important bipartisan women's health language that was included in the Senate-passed version of the bill. Senators Patty Murray (D-WA) and Olympia Snowe (R-ME) offered this amendment to ensure equal access to comprehensive reproductive health care for all U.S. servicewomen and military dependents, regardless of where they are stationed. 

Current law prohibits women from obtaining abortion services at U.S. military hospitals, even if they pay for these services with their own private funds. For military women and dependents stationed overseas, this restriction poses grave health risks. Local facilities are often inadequate or entirely unavailable. Traveling to a safe facility can result in delays that may substantially increase the risks of an abortion procedure. 

The ban on privately funded abortions also discriminates against women and their families who have volunteered to serve their country and have been assigned to military stations overseas. These women are prohibited from exercising their fundamental constitutional right to choose simply because of their military service and where they have been stationed. In a letter to Congress dated May 7, 1999, the Department of Defense opposed this harmful restriction, emphasizing that "it is unfair to female service members, particularly those assigned to overseas locations, to be denied their constitutional right to the full range of reproductive health care." 

Retired Lieutenant General Claudia Kennedy, the highest ranking woman ever to serve in the United States Army, recently spoke out again the ban, explaining that it is "imperative that our soldiers have access to safe, confidential abortion services at U.S. military hospitals overseas." General Kennedy noted that a soldier's situation is "different from that of a civilian woman" because "she is subject to the orders of the officers appointed over her. Every hour of her day belongs to the U.S. Army and she must have her seniors' permission to leave her place of duty." These factors make it extremely difficult for military women to access abortion services off base. 

At a time when we are expecting so much from our military women, it is critical that they have every resource at their disposal to meet their health needs. We therefore urge you to support this critical language. 

(2) Oppose Expanded Use of the Military's DNA Database  

We urge you to oppose Section 1556 of the House-passed version of the bill (H.R. 4546), which would require the Department of Defense, pursuant to a federal court order, to make available DNA samples for the purpose of an investigation or prosecution of a felony, or any sexual offense, for which no other source of DNA is available. 

The Department of Defense maintains a repository of DNA samples of members of the armed forces for the purpose of identifying human remains. Section 1556 is a perfect illustration of how DNA databases are subject to "function creep." Once established, DNA databases inevitably expand into other uses. In this case, individuals who join the military submit DNA to a repository for the worst-case scenario in which their remains must be identified. Congress should resist expansion of DNA databases that were established for the specific purpose of identifying members of the military who are killed in combat or on the job. 

Section 1556 also leaves a number of important questions unanswered. Would it apply to the DNA of every individual who has ever served in the armed forces, or only those on active duty? What is the standard by which a court order would be issued? Would there have to be probable cause that the individual is the perpetrator of a felony or sexual offense? How long would law enforcement officials hold on to the sample? When would the sample be destroyed? 

In light of these unanswered questions and the serious civil liberties issues raised by the expansion of this DNA database, we urge you to oppose this language. 

(3) Oppose Eliminating Federal Prison Industries Programs  

Section 811 of the House bill eliminates the mandatory source provision for federal prison industries (FPI) when it is contracting with the Department of Defense. There is an effort underway to attach H.R. 1577, a bill that eliminates mandatory sourcing in all FPI contracts. The ACLU opposes H.R. 1577 because it will severely impact FPI's capacity to provide employment opportunities for federal prison inmates. (See the letter on H.R. 1577 at /prison/gen/14675leg20020916.html). We urge you to oppose attaching H.R. 1577 to the DOD authorization bill and, for the reasons stated in the attachment, to oppose Section 811 of the House bill as well. 

Sincerely, 

Laura W. Murphy
Director 

Gregory T. Nojeim
Associate Director and Chief Legislative Counsel