Congresswoman Sylvia R. Garcia Issues Statement On Key Reforms To The Uniform Code of Military Justice In The NDAA To Protect Victims of Sexual Assault

WASHINGTON D.C.— Today, Congresswoman Sylvia R. Garcia (TX-29) issued the following statement regarding the reforms to the Uniform Code of Military Justice included in the Senate's version of the National Defense Authorization Act and the search of justice for Spc. Vanessa Guillen:

"The National Defense Authorization Act of 2022 provides the most significant reforms to the Uniform Code of Military Justice in fifty years. This bill will finally answer the call of countless survivors of sexual assault and harassment to provide independent prosecution of these crimes. We got in this fight after the tragic murder of Spc. Vanessa Guillen, and we have pushed and pushed and pushed and while all provisions were not included in the Senate's agreed version, it is a major step in getting justice for victims and protecting our soldiers," said Congresswoman Sylvia Garcia. I want to also acknowledge that my colleagues like Chairwomen Jackie Speier and Kirsten Gillibrand have been working hard on this issue since long before I joined them in Congress. The people of the 29^th District of Texas are grateful for all of your efforts. I want to thank my colleagues in the Congressional Hispanic Caucus, especially Chair Raul Ruiz and Reps. Gallego and Escobar, for their allyship since the tragic death of my constituent. While we did not get every single reform for which we were hoping, together we have made history,"concluded the Congresswoman.

SUMMARY OF RELEVANT PROVISIONS IN THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ) REFORMS

Special Trial Counsel

• Creates an Office of the Special Trial Counsel within each Service and ensuring their independence by requiring they directly report to the Service Secretary. The provision also defines the role and responsibilities of these prosecutors and including their required experience.
• Criminalizes sexual harassment under the Uniform Code of Military Justice. All claims of sexual harassment will be required to be investigated by an independent investigator outside the chain of command.
• Establishes judge-alone sentencing and sentencing parameters to increase fairness across the system.
• Increases the notification for Survivors of Sexual Assault by directing the Services to notify survivors of sexual assault about the outcomes of any administrative action taken against their perpetrator.

Sexual Assault Response and Prevention

• Requires a study on including a military occupational specialty for Sexual Assault Response Coordinators.
• Authorizes Special Victim Counsel to hire additional administrative support personnel.
• Allows the DoD Safe Helpline to intake restricted and unrestricted reports for eligible sexual assault victims.
• Requires a briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military.
• Requires the Department of Defense to track allegations of retaliation by victims of sexual assault or sexual harassment and related persons.

Reform and Improvement of Military Criminal Investigative Organizations

• Requires the military services to reform their criminal investigative organizations consistent with the guidance provided and submit a report through the Secretary of
• Defense not later than 1 year after the date of the enactment of this Act.

Racial Disparities

• Requires the secretaries of each service to provide detailed demographic information including sex, ethnicity, and rank on both the principal and victim of an offense under the UCMJ. The report will include investigations, nonjudicial punishment, administrative action, and all levels of courts-martial.

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Congresswoman Sylvia R. Garcia was elected to the U.S. House of Representatives in November 2018, becoming the first Latina ever to represent the Texas 29th Congressional District. She serves on the House Judiciary and Financial Services Committees.