ndaa letter to sasc from protect our defenders dec 2012

7/30/2019 NDAA Letter to SASC from Protect Our Defenders Dec 2012

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December 17, 2012

Senate Armed Services Committee

228 Russell Senate Office Building Washington, DC 20510

Dear NDAA Conferees c/o of SASC 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 theincidence of sexual assault and harassment within the military. After careful analysis, weseek 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 tofile 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 requir es the Secretary to conduct a review of all victim discharges since

October 1, 2000. Survivors are frequently inappropriately discharged and good data isneeded 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 electingto terminate a pregnancy brought about by their rape.

20 Park Road, Suite E Burlingame, CA. 94010 [email protected]



4. Establishment of Special Victims Units - (S. 3254 §542; H.R. 4310 §571)

These provisions will mandate that DOD implement practices similar to those employedin 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 EqualEmployment 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 Committeeson 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 R eport 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 mandatedin 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 memberswho are convicted of certain Article 120 offenses and not punitively discharged in

connection with such convictions. This provision would benefit by strengthening it tostipulate 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 requiringadditional 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 assaultoccurred. This amendment also requires SAPRO to provide greater analysis on trends in

the occurrence of sexual assault in the military, links between sexual assault andsubstance-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 sexualharassment 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 joiningthe military. (S. 3252 amend # 2981)

The policy, which permitted felons to join the Armed Services, was put in placeadministratively 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 andSenate 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

ndaa letter to sasc from protect our defenders dec 2012

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