S-5680-119
Read twice and referred to the Committee on Armed Services.
Sponsored by Cory Booker (D-NJ)
What it does
This bill would prohibit the obligation or spending of any federal funds to rename, redesignate, or otherwise change the name of the vessel designated CVN-81 from the "USS Doris Miller." The bill's operative text is a single sentence and sets no end date, exceptions, or penalties.
Who benefits
Supporters of keeping the current name, including the family of Doris Miller, veterans' groups, and Navy personnel and communities who value the recognition of a Black Navy sailor honored for actions at Pearl Harbor. Shipbuilding and Navy program offices may gain naming certainty for planning, signage, and ceremonies.
Who is hurt
The executive branch, including the Secretary of the Navy and the Department of Defense, would lose the ability to change this ship's name using federal money. Officials or groups who favor a different name would be unable to pursue one without new legislation. No other group is meaningfully affected, since the bill changes no spending levels or operations.
Supporters argue
Supporters argue that Doris Miller's actions at Pearl Harbor, where he manned an anti-aircraft gun and aided wounded sailors, earned him the Navy Cross and a place in Navy history. They contend a statutory bar on funds would protect a name already announced for the ship from being changed by administrative decision alone. They argue Congress holds the power of the purse and may reasonably set this limit.
Opponents argue
Opponents argue that ship naming has traditionally been a prerogative of the Secretary of the Navy and the President, and that a funding bar intrudes on that executive judgment. They contend Congress would be spending floor time on a single vessel name rather than substantive defense matters. They argue that a permanent restriction would also limit future flexibility if circumstances change.
Constitutional context
Congress's power of the purse under the Appropriations Clause (Art. I, §9, cl. 7) and its authority to make rules for the Navy (Art. I, §8, cl. 13) support funding limits like this one. The Commander-in-Chief Clause gives the President wide control over military operations, but ship naming has long been a shared and customary practice, and no landmark case squarely addresses it. Youngstown's framework would place a congressional limit of this kind in the zone where presidential power is at its lowest.
Checks and balances
Congress would gain a say over a Navy naming decision usually handled by the executive branch, and the President retains the veto and could seek to change the name by other lawful means.
Historical precedent
Congress has used funding restrictions in defense bills to limit executive actions, such as the Guantanamo transfer limits in annual defense authorization acts, but no clearly analogous statute fixing a ship's name is known.