2019: Fitzpatrick Effectively Voted For The FY 2020 National Defense
Authorization Act (NDAA), Which Provided Funding For The Study And
Prevention Of Sexual Assault In The Military. In December 2019,
Fitzpatrick effectively voted for the FY 2020 NDAA. According to
Congressional Quarterly, the bill "directs the department's Inspector
General to report to Congress by March 1, 2020, with data from FY 2018
on the total number of substantiated cases of ostracism; the number of
substantiated cases of maltreatment; and other metrics related to the
handling of sexual harassment and assault [...] It also provides for
additional training for commanders on their roles in the disposition of
sexual assault and collateral offenses. The measure also [...]
Requires the secretary to establish an advisory committee, to be known
as the Defense Advisory Committee for the Prevention of Sexual
Misconduct, to advise the secretary on the prevention of sexual assault
and on the policies, programs, and practices of each military department
and military service academy for the prevention of sexual assault." The
vote was on adoption of the conference report to accompany the bill. The
House adopted the conference report by a vote of 377-48. The bill was
later passed by the Senate and signed into law by the President. [House
Vote 672, 12/11/19;
Congressional Quarterly,
12/17/19;
Congressional Actions,
S.1790]
2018: Fitzpatrick Voted For An FY 2019 Conference Report Minibus
Spending Bill And Continuing Resolution That Provided $318 Million For
Sexual Assault Prevention And Response Programs In The Defense
Department. In September 2018, Fitzpatrick voted for an FY 2019 Labor,
HHS, Education, and Defense minibus spending bill conference report.
According to Congressional Quarterly, "Adoption of the conference report
on the bill that would provide $855.1 billion in discretionary funding
for fiscal 2019 to various departments and agencies, including $674.4
billion for the Defense Department and $178.1 billion for the Labor,
Health and Human Services and Education departments. The Defense
Department total would include $606.5 billion in base Defense
Department funding subject to spending caps, and would include $67.9
billion in overseas contingency operations funding. The bill would
provide $90.3 billion in discretionary spending for the Health and
Human Services Department, $71.4 billion for the Education Department
and $12.1 billion for the Labor Department. The measure would also
provide funding for federal government operations until Dec. 7, 2018, at
an annualized rate of approximately $1.3 trillion." The vote was on
passage. The House passed the bill by a vote of 361 to 61. The president
later signed the bill into law. [House Vote 405,
9/26/18; Congressional
Quarterly, 9/26/18;
Congressional Actions, H.R.
6157]
2022: Fitzpatrick Voted To Move All Prosecutorial And Judicial Duties
For Major Military Crimes Outside The Chain Of Command And Classify
Sexual Harassment As A Major Military Crime. In December 2022,
according to Congressional Quarterly, Fitzpatrick voted for the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023, which
would, in part, "move all prosecutorial and judicial duties for major
military crimes outside the chain of command and classify sexual
harassment as a major crime." The vote was on passage. The House passed
the bill by a vote of 350-80, thus the bill was sent to the Senate for
final concurrence. The Senate concurred with the House, sent the final
bill to President Biden, and it ultimately became law. [House Vote 516,
12/8/22; Congressional
Quarterly, 12/8/22;
Congressional Actions, H.Res.
1512;
Congressional Actions, H.R.
7776]
2021: Fitzpatrick Voted To Reform The Uniform Code Of Military Justice
To Address Sexual Assault And Harassment And Requiring Independent
Military Prosecutors To Determine Warranted Prosecution Within The
Military Justice System. In December 2021, Fitzpatrick voted for the
National Defense Authorization Act For FY 2022 which would, according to
Congressional Quarterly, "make numerous reforms to the Uniform Code of
Military Justice to address sexual assault and harassment and require
independent military prosecutors, not unit commanders, to decide whether
prosecution is warranted for most felonies within the military justice
system, including sexual assault." The vote was on passage. The House
passed the bill by a vote of 363-70. The bill was sent to President
Biden and it ultimately became law. [House Vote 405,
12/7/21; Congressional
Quarterly, 12/7/21;
Congressional Actions, S.
1605]
The Bill Would Instruct The Pentagon To No Longer "Prosecute
Crimes Of Sexual Assault And Related Crimes From The Military Chain
Of Command," But Not All Felonies Would Be Removed From The Chain Of
Command. According to CBS News, "One of the highest-profile issues
this year in Congress was figuring out how to address sexual assault
in the military. The bill would remove the decision to prosecute
crimes of sexual assault and related crimes from the military chain
of command, but it would not remove all felonies from the chain of
command, as Senator Kirsten Gillibrand of New York advocated." [CBS
News,
12/8/21]
According To Senator Kirsten Gillibrand, The Provisions To Address
Sexual Assault Would Not Be Substantive Enough Because It Would Not
Reform The Military Justice System By Not Removing Serious Crimes
Out Of The Chain Of Command. According to CBS News, "But
Gillibrand said Wednesday that the NDAA does not go far enough with
the military justice provisions. She added that the initiatives,
which have bipartisan support, were stripped from the final bill.
'This bill does not reform the military justice system in a way that
will truly help survivors get justice,' Gillibrand said. 'It does
not remove serious crimes out of the chain of command, which is the
only way to create the professional unbiased system that we've been
advocating for.'" [CBS News,
12/8/21]
The Bill Would Instruct The Defense Department To Keep An Eye On
"Allegations Of Retaliation" Against Sexual Assault Or Harassment
Victims And Third-Party Individuals. According to CBS News, "The
NDAA also would require the Defense Department to track allegations
of retaliation against victims of sexual assault or harassment and
third-party individuals who have reported an incident." [CBS News,
12/8/21]
The Bill Would Address Issues Handlings Cases Of Sexual Assault
And Harassment Within The Military And Bias And Discrimination
Training Changes. According to CNN, "The sweeping bill targets
issues that have been top-of-mind for Secretary of Defense Lloyd
Austin since he took the helm of the department in January, from the
handling of sexual assault and harassment within the military to
changes to bias and discrimination training for all military
branches." [CNN,
12/8/21]
According To Representative Anthony Brown Of Maryland, The Bill
Did Not Address Racial Bias In The Justice System Within The
Military. According to CNN, "Democratic Rep. Anthony Brown of
Maryland outlined why he would be voting against the legislation. He
said he believes the bill doesn't go far enough to address racial
bias in the military justice system. 'At a time when Democrats
control the House, the Senate, and the Executive Branch, it is an
unconscionable failure to deliver a National Defense Authorization
Act that does not meet the values of equity and justice for which we
have long strived or a bill that does not meaningfully protect the
foundations of our democracy,' Brown said in a statement." [CNN,
12/8/21]
The Bill Would Instruct The Removal Of The Commander Of A Military
Command From Prosecution Decisions Of Covered Crimes, And, Instead,
An Office Of The Special Trial Counsel For Each Services Would
Handle Prosecution Of Covered Crimes, Including Sexual Assault.
According to CNN, "The final version of the bill removes the
commander of a military command 'from decisions related to the
prosecution of covered crimes,' including 'sexual assault,' an
important shift that military leaders including Austin and Chairman
of the Joint Chiefs of Staff Gen. Mark Milley have publicly said
they support. Instead, the bill establishes, each service will now
have an Office of the Special Trial Counsel to handle prosecution of
those crimes, including sexual assault, that will report to each
service secretary." [CNN,
12/8/21]
For The First Time, Sexual Harassment Would Be Considered A Crime
Under The Uniform Code Of Military Justice And Claims Would Need To
Be Investigated Outside The Chain Of Command. According to CNN,
"The bill makes sexual harassment a crime in the Uniform Code of
Military Justice for the first time. 'All claims of sexual
harassment will be required to be investigated by an independent
investigator outside of the chain of command,' the bill summary
states." [CNN,
12/8/21]
Under The Instructions To "Track Allegations Of Retaliation" By
Sexual Assault And Harassment Victims, Each Service Would Need To
Collect Demographic Information On The Accused Individuals And
Victims. According to CNN, "It also directs the department to
'track allegations of retaliation by victims' of sexual assault and
harassment. Each service will be required to track the demographic
information of both the person accused of committing sexual assault
and harassment crimes and the victim of those crimes." [CNN,
12/8/21]
The Bill Would Require The Defense Department To Provide A Report
On Placing Violent Extremism Under The Uniform Code Of Military
Justice. According to The Hill, "However, the compromise requires
the Department of Defense to submit a report on adding violent
extremism to the Uniform Code of Military Justice." [The Hill,
12/7/21]
The Bill Would Empower Special Prosecutors, Instead Of Military
Commanders, To Decide Whether To Prosecute Sexual Assault And
Harassment, Murder, Kidnapping And Other Serious Crimes. According
to Congressional Quarterly, "The NDAA that the House passed in
September would have empowered special prosecutors in the services
to make decisions now reserved for military commanders on whether to
prosecute sexual and related offenses. The final measure does that
while covering more crimes, such as murder and kidnapping, in
addition to sexual crimes, and it would make sexual harassment a
crime in the military." [Congressional Quarterly,
12/7/21]
The Special Prosecutors Would Decide Whether To Prosecute And Go
To Trial, Whereas Commanders Would Have The Ability To "Convene
Courts-Martial." According to Congressional Quarterly, "Moreover,
the special prosecutors would be more independent of the chain of
command than in the original House bill. Under the final measure,
commanders would have the power to convene courts-martial, but the
new prosecutors' offices would be the ones to decide whether or not
to bring charges and whether to actually go to trial."
[Congressional Quarterly,
12/7/21]
The Bill Would Reform The Prosecution Of Certain Crimes In The
Military, Including Sexual Assault. According to The Hill, "The
defense bill also includes a major overhaul of how the military
prosecutes certain crimes, including military sexual assault." [The
Hill,
12/15/21]
The Bill Would Strip Military Commanders Of Most Of Their
Authority, But They Would Retain Authority To Orchestrate Trials,
Select Jury Members, Accept Witnesses And Provide Immunity.
According to The Hill, "The bill strips commanders of most of their
authority, but they would still be allowed to conduct trials, pick
jury members, approve witnesses and grant immunity." [The Hill,
12/15/21]
Senator Kirsten Gillibrand Proposed To Remove Military Commanders
From The Chain Of Command Entirely And Permit Independent
Prosecutors Handle Cases, But Was Not Included In The Bill.
According to The Hill, "The changes were not enough for Sen. Kirsten
Gillibrand (D-N.Y.), who had been pressing to completely remove
commanders from the chain of command in these instances and let
independent military prosecutors handle them." [The Hill,
12/15/21]
2022: Fitzpatrick Voted For An Amendment That Incentivized States To
Enact The Rights Given To Victims Of Sexual Assault Under The Survivors
Of Bill Rights Act. In July 2022, according to Congressional
Quarterly, Fitzpatrick voted for an amendment to the National Defense
Authorization Act for Fiscal Year 2023, which would "incentivize states
to enact, at a minimum, the rights afforded to victims of sexual assault
under the Survivors Bill of Rights Act." The vote was on the adoption of
an amendment. The House adopted the amendment by a vote 222-195. [House
Vote 338, 7/14/22;
Congressional Quarterly,
7/14/22; Congressional
Actions, H.Amdt.
275;
Congressional Actions, H.R.
7900]