2019: Schweikert 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, Schweikert 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: Schweikert 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, Schweikert 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: Schweikert Voted Against Moving All Prosecutorial And Judicial Duties For Major Military Crimes Outside The Chain Of Command And Against Classifying Sexual Harassment As A Major Military Crime. In December 2022, according to Congressional Quarterly, Schweikert voted against 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: Schweikert Voted Against Reforming 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, Schweikert voted against 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: Schweikert Voted Against 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, Schweikert voted against 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]