NDAA 2023 and Accompanying Report Language:

President Signed the National Defense Authorization Act of 2023 Into Law.

President Biden signed into law the James M. Inhofe National Defense Authorization Act of 2023 on Friday, December 23, 2022. Several provisions of this legislation introduce changes to the military justice system which SWAN has advocated for over a decade. Taken together with the establishment of the Office of Special Trial Counsel in each Service Secretariat made by last year’s NDAA, the combined 2022 and 2023 NDAAs greatly reduce the role of defendants’ commanders in the conducting of Courts-Martial for military defendants accused of certain crimes under the Uniform Code of Military Justice.

Key Measures Included:

Healthcare:

     - Temporary (1 year) co-pay relief for contraceptives for all TRICARE users

Physical Fitness Standards for close combat MOSs:

-       All services must provide a list of close combat MOSs and justification for each MOS included on the list.

-       Services must development separate, gender-neutral Physical Fitness Standards for close combat MOSs that are tougher than for non-close combat MOSs.

Sexual Assault, Harassment and the Military Justice System

        - Service IGs can no longer refer matters involving policies and procedures with respect to sexual assault and harassment to the unit commanders for resolution.

        - Transfers jurisdiction for Sexual Harassment charged under Art 134 to the Special Trial Counsel

         - Report required to amend the UCMJ to include the sending of lewd photos

         - Requires the Secretary of Defense to collect data on causes correlating with Sexual Assault or Domestic Violence

       - Requires establishment of reporting requirements for sexual assault and harassment in the National Guard

        - Expands Special Trial Counsel (STC) jurisdiction to include six new crimes: murder of a pregnant women, child endangerment, mail deposits of obscene matter, indecent conduct, indecent language to a child under 16, prostitution and pandering

        - Requires a legal review before the imposing of NJP. Also establishes guidelines for use of the vessel exception (Those aboard a vessel cannot request a court martial in lieu of NJP.) Adds a requirement to collect data on the vessel exception.

        -Adds six new offenses under the authority of the STC: murder of a pregnant woman, child endangerment, mail deposits of obscene matter, indecent conduct, indecent language to a child under 16, prostitution and pandering.

        - Randomizes selection of Court Martial panel members, removing the choice of panelists from the accused’s commander.

        - Removes residual prosecutorial duties, i.e., ordering of depositions, calling of expert witnesses and grants of immunity from the accused’s commander.

        -Requires a change to the Manual for Courts Martial so Courts Martial no longer begin with an announcement that they are convened under the authority of the commander