NDAA 2023, Omnibus budget bill, and Report Language

Congress passed NDAA 2023 and DoD Appropriations, as well as the Omnibus budget bill that funds the VA, and President Biden signed them in December 2022.

Some of the provisions of this law build on changes to the military justice system made in the 2022 NDAA seeking to eliminate sexual assault and harassment. SWAN has been advocating for these changes for over a decade. The NDAA transfers more responsibilities from Convening Authorities (usually the accused’s commander) to the Special Trial Council for each Service which was established in NDAA 2022. In accordance with last year’s bill, the decision to refer certain charges to Court-Martial will be made by the Special Trial Counsel instead of the accused’s commander beginning in January 2024.

Crimes that fall under the STCs’ purview now will include issuing of grants of immunity, hiring of expert witnesses, and ordering depositions. It also changes the method for naming court-martial panelists (jury members) to random selection whenever possible. Additionally, it establishes various reports that must be provided to Congress including on the funding, personnel, and other resources needed to implement these STC changes. The NDAA also requires that charges of sexual harassment be investigated by independent investigators outside the chains of command of both the accused and complainant. Finally, the law provides further guidance on the sexual assault and harassment prevention and response workforce (DoD SAPRO).

The 2023 NDAA did not include the Senate Armed Services Committee’s provision requiring women to sign up for Selective Service.