Statement: Protect Our Defenders Shares Recommendations for National Defense Authorization Act for FY 2013
Washington DC – The Senate Armed Services Committee (SASC) and House Armed Services Committee (HASC) are currently finalizing the National Defense Authorization Act (NDAA) for fiscal year 2013. The NDAA has the potential to significantly reduce incidences of sexual assault and harassment within the military. Today, Protect Our Defenders President Nancy Parrish shared the following letter with recommendations for the NDAA with HASC and SASC members.
FOR IMMEDIATE RELEASE
December 17, 2012
Contact: Brian Purchia, brian@protectourdefenders.com
***STATEMENT ***
Protect Our Defenders Shares Recommendations for National Defense Authorization Act for Fiscal Year 2013
Washington DC – The Senate Armed Services Committee (SASC) and House Armed Services Committee (HASC) are currently finalizing the National Defense Authorization Act (NDAA) for fiscal year 2013. The NDAA has the potential to significantly reduce incidences of sexual assault and harassment within the military. Today, Protect Our Defenders President Nancy Parrish shared the following letter with recommendations for the NDAA with HASC and SASC members.
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December 17, 2012
House Armed Services Committee
2120 Rayburn House Office Bldg.
Washington, DC 20515
Dear NDAA Conferees c/o of HASC Members,
We urge you to consider the following as a conferee regarding the fiscal year 2013, National Defense Authorizations Act (hereinafter “NDAA”)
Protect our Defenders is a 501(c)(3) organization that is dedicated to advocating for survivors of military sexual trauma and for policies and practices that will reduce the incidence of sexual assault and harassment within the military. After careful analysis, we seek to provide input on the fiscal year 2013 National Defense Authorization Act (hereinafter “NDAA”).
We support the following provisions:
1. Reservist retention (H.R 4310 §582; S. 3254 §541)
This provision would allow the Secretary of Defense to retain reservists on active duty who make unrestricted reports of sexual assault. We urge the NDAA Conference Committee to make this provision mandatory instead of leaving discretion with the Secretary. This would provide victims with unambiguous protection when choosing to file unrestricted (vs. restricted) reports seeking care and justice.
Currently a Reservist, who files an unrestricted report, has no guaranteed ability to remain on active duty and receive needed healthcare. Therefore, victims are incented to file restricted (medical care without filing charges) reports, in an effort to remain on duty.
2. Review of past victim discharges since October 1, 2000 – (H.R. 4310 §581)
This provision requires the Secretary to conduct a review of all victim discharges since October 1, 2000. Survivors are frequently inappropriately discharged and good data is needed to evaluate policies, procedures and practices.
3. Right to make health care choices S. 3254 §711
This section would allow the Department to fund abortions for survivors of rape or incest. Female survivors deserve the same dignity that other federal employees have in electing to terminate a pregnancy brought about by their rape.
4. Establishment of Special Victims Units – (S. 3254 §542; H.R. 4310 §571)
These provisions will mandate that DOD implement practices similar to those employed in the civilian sector regarding investigation and prosecution of sexual offenses within the military. Our service men and women that become survivors of sexual assault deserve nothing less than our best efforts to investigate and prosecute these crimes.
We also urge the Committee to amend the current language to require the Secretary identify and consider civilian best practices in establishing Special Victims Units.
5. Posting of information (of H.R. 4310 §573 and S. 3254 §542(a)(6)
We urge that the specificity of the House version be retained in the final draft of the Fiscal 2013 NDAA. Placing this information in the various places designated by this bill is the equivalent of current practices mandated in the civilian sector by the Equal Employment Opportunity Commission requiring posting of certain information.
6. Workforce and Gender Relations Survey (H.R. 4310 §579)
WGRA has proven to be the primary tool for determining whether or not the culture and climate of the military is changing. WGRA yields little useful information regarding male victims. Male survivors form a majority of sexual assaults in the military with over 10,500 out of 19,000 suspected in fiscal year 2010.We ask the Conference Committee to ensure that male victims are adequately reflected in the conduct and results of this very important survey, for example data should be broken down by gender.
7. Sexual Harassment (H.R. 4310 §575)
It is important to include information regarding sexual harassment in the annual report to Congress. Sexual harassment is detrimental to mission readiness. Units that permit sexual harassment are more prone to sexual assault.
8. Required briefings regarding combating Sexual Assault (H.R. 4310 §577)
This provision requires the Department of Defense to submit briefings to the Committees on Armed Services on the progress of initiatives to combat sexual assault.
9. Hazing (S. 3254 §543)
This provision requires the Secretary of Defense to provide more information concerning hazing. Hazing can be a forerunner to sexual assault or retaliation for reporting an assault. The Committees and the public deserve access to information regarding its prevalence in our Armed Forces, particularly as it is related to sexual assault and harassment.
10. More information in Annual Report ((H.R. 4310 §574)
More information should be included in the case synopses in the Annual Report that would allow interested parties to determine how cases that are disposed of before a court-martial are specifically resolved. This provision would allow analysis regarding the prevalence of repeat offenders and the frequency of resignations in lieu of court-martial.
11. Database Implementation Reports (H.R. 4310 §576).
This provision mandates the Secretary to provide reports on the implementation of previously mandated databases to combat sexual assault. The Department was mandated in the FY 2010 budget to have DSAID and DIBRS up and running. They have failed to implement the law as written. Proper oversight requires that the Department be held accountable.
12. Requiring administrative separation for service members convicted of certain offenses. (S. 3252 amend #3016)
This provision requires administrative separation from the Armed Forces for members who are convicted of certain Article 120 offenses and not punitively discharged in connection with such convictions. This provision would benefit by strengthening it to stipulate that the separation be less than honorable.
13. Requiring restricted reports of sexual assault be retained for a minimum of 50 years. (S.3252 amend #3012)
This provision will ensure that veterans have long-term, private, access to their medical forensic examination records for the purpose of filing VA disability claims and, if permissible under the statute of limitations, pursuing criminal action against their perpetrator.
14. Requires additional information and greater analysis of MST data in the annual SAPRO report requiring. (S. 3252 amend #3234)
This second amendment enhances and expands the annual SAPRO report by requiring additional information to be included from the case file, including a justification for the disposition method used in each case and the location and command at which the assault occurred. This amendment also requires SAPRO to provide greater analysis on trends in the occurrence of sexual assault in the military, links between sexual assault and substance-abuse and sexual harassment, and improvements the Department feels are needed to its own sexual assault programs. The enhanced reporting requirements provide needed granularity for sexual assault cases. We urge this section be strengthened by requiring data to be broken down at the base level.
15. Requires a DoD to establish a coordinated policy to prevent and respond to sexual harassment in the military as well as a procedure to facilitate the reporting of sexual harassment and ensure the secure collection and retention of records on the disposition of sexual harassment cases. (S.3252 amend # 3105)
This amendment restates current DoD requirements and it bears repeating.
16. This amendment prevents anyone convicted of a felony of sexual assault from joining the military. (S. 3252 amend # 2981)
The policy, which permitted felons to join the Armed Services, was put in place administratively by Defense Secretary Robert Gates in 2009. Currently a ban is in place. This amendment would codify the ban into law, making the change permanent.
In conclusion, we urge conferees to support the above amendments to NDAA and to strengthen the language as indicated above.
We also would appreciate the opportunity to become an active partner with the House and Senate Armed Services Committees in order to advance the needs of military sexual trauma survivors, reduce the incidences of assault within the military and fix the broken military justice system that often punishes the victim while failing to punish the perpetrator.
Sincerely,
Nancy Parrish
President, Protect Our Defenders
