Chair Jackie Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization (July 2, 2020)

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“Nearly two dozen major provisions offered by Congresswoman Jackie Speier (D-CA), Chair of the House Armed Services Military Personnel Subcommittee, were adopted during consideration of the annual defense policy bill by the Armed Services Committee this week.”

  • Authorize a System of Military Court Protective Orders: Allowing military judges and magistrates to issue court protective orders compliant with the Violence Against Women Act. The new judicial orders provide better protection and enforceability for servicemembers and family members experiencing intimate partner violence.
  • Initiate a Sexual Assault Prosecution Pilot Program at the Military Service Academies: A 4-year test of a new Chief Prosecutor would demonstrate whether assigning charging decisions for sexual assault and other special victims’ crimes to an independent expert outside of the chain of command would increase the willingness of survivors to report and the ability of the military justice system to hold perpetrators accountable.
  • Establish a Special Inspector General for Racial and Ethnic Disparities in the Armed Forces: A dedicated office to investigate underrepresentation of people of color among military officers and high-ranking enlisted servicemembers, racial disparities within the military justice system, and white supremacy among servicemembers.
  • Increase Representation of Women and People of Color in the Armed Services: The military would be required to establish specific goals to increase recruiting, accessions, and promotion of minorities and women, and to report to Congress on a plan to achieve these goals and their progress.
  • Address Bias by Anonymizing Candidates Before Military Promotion Boards: Redact all personally identifiable information, such as names and photographs, of servicemembers before promotion boards to remove the potential for conscious or unconscious bias.
  • Make Violent Extremism a Military Crime: A new article within the Uniform Code of Military Justice would bring greater consequences to servicemembers who perpetrate, plan, threaten, or conspire to commit violent acts with intent to intimidate or coerce a person or class of people, or the intent to impact government action or policy.
  • Track White Supremacy among Servicemembers: The military services would be required to improve tracking of white-supremacist and other extremist activity by servicemembers.
  • Establish a Military-Civilian Task Force on Domestic Violence: The task force would report to Congress with findings and recommendations to address intimate partner violence among servicemembers and military families, and DoD would be required to collect data on the prevalence of intimate partner violence.
  • Establish a Military-wide Safe-to-Report Policy: Clarify that servicemembers may report sexual assault without fear of being disciplined for related minor collateral misconduct such as drinking in the barracks.
  • Improve Coordination for Survivors of Sexual Trauma: Ensure a warm handoff for survivors when relocating between stations within the military or when separating from the military and transferring from service providers within DoD to resources within the Department of Veterans Affairs.
  • Improve Oversight of Military Sexual Assault Investigations: Require DoD to report to Congress all military sexual assault investigations that remain open more than 6 months along with the reasons for the delay.
  • Improve Oversight of Next Generation Body Armor: Require DoD to report on barriers to fielding next generation body armor that will provide better, gender-specific protection for military servicemembers.
  • Expand Child Care Options for Military Families: Address waiting lists, establish competitive pay for providers in high-cost areas, provide housing priority for military spouses that operate Family Care Centers, and expand the Financial Assistance Program to pay for in-home child care, such as by a nanny or au pair. Additionally, it requires 24-hour child care be provided on bases where servicemembers are required to work night shifts.
  • Improve Oversight of the Next Generation Interceptor Missile Defense Program: Require an independent cost estimate and two successful flight tests before buying.
  • Transparency of Contractor Ownership: Expand reporting requirements to identify the beneficial owner of contractors.
  • Strengthen Whistleblower Protections: Clarify that nondisclosure agreements do not prevent employees of government contractors and subcontractors from filing a whistleblower complaint.
  • Examine Equal Employment Opportunity: Require the Department of Defense to report on ways to improve the EEO process for DoD civilians.
  • Enact the Elijah Cummings Federal Employee Anti-Discrimination Act: Strengthen EEO protections and increase accountability for federal employees who are found to be responsible for discrimination.
  • Authorize Incentive Pay for Programming Proficiency: Develop a system to track coding language aptitude and proficiency by military servicemembers and DoD civilians and offer financial incentives for needed programming skills.
  • Investigate Suicide at Remote Military Installations: Require a Comptroller General report covering unique challenges of preventing suicide by military servicemembers and military family members at remote bases outside of the contiguous United States.
  • Examine Access to Contraception and Family Planning Education. Require DoD to issue a report on barriers experienced by servicemembers in accessing contraception and the status of implementation of new DoD requirements on reproductive health care, such as ensuring access to contraception for the full length of deployment.

Read more here.

Related Links:
Chair Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
Senators Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)

Senators Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)

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Find contact information and how your Senators voted here.

Contact the SASC & HASC Members here.

Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)

“U.S. Sens. Kirsten Gillibrand (D-N.Y.), Chuck Grassley (R-Iowa) and I recently announced that we will offer the bipartisan Military Justice Improvement Act as an amendment to this year’s National Defense Authorization Act. The Military Justice Improvement Act would professionalize how the military prosecutes serious crimes by moving the decision over whether to prosecute them to independent, trained, professional military prosecutors.

Despite years of Congressional reforms, thousands of service members are raped and sexually assaulted every year. In many of those cases, the assailant is someone in the survivor’s own chain of command. Only a small fraction of the perpetrators are ever held accountable for their violent crimes. Last year, the Department of Defense announced a record number of sexual assaults reported by or against service members, and yet, less than 10 percent of cases considered for command action ever proceeded to trial. Worse yet, despite repeated efforts to stamp out the scourge of retaliation against military sexual assault survivors, the most recent Pentagon survey found that 64 percent of survivors say they have experienced some form of retaliation for reporting the crime. That figure is statistically unchanged from 2016.”

Read more here.

SASC: Senate Armed Services Committee
HASC: House Armed Services Committee

Related Links:
Chair Jackie Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization (July 2, 2020)
Sens. Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)
S. 1789: Military Justice Improvement Act of 2019 Reintroduced by Republican Senator Ted Cruz of Texas and Democratic Senator Kirsten Gillibrand of New York (June 13, 2019)
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members
15 Active Duty Cases That Beg for Prevention Efforts, Military Justice Reform, and the End of the Feres Doctrine
Washington D.C. Veteran’s Presentation on the Current Status of the Armed Forces at Fort Hood in Texas (December 12, 2017)
Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside (January 1, 2016 to Present)
August: U.S. Department of Defense Casualties Report from September 11, 2001 to Present (August 31, 2017)
September: U.S. Department of Defense Casualties Report from September 11, 2001 to Present (September 30, 2017)
Non Combat Deaths of Female Service Members in the U.S. Military (Iraq)
Non Combat Deaths of Female Soldiers in the US Military (Afghanistan)
Non Combat Deaths of Female Soldiers in the US Military (Other Areas)