Rep. Cisneros Secures Key Provisions to Address Military Sexual Assault in The FY 2020 National Defense Authorization Act

Statement

Congressman Gilbert R. Cisneros, Jr. (D-CA), after hearing months of testimony from survivors, health professionals, advocates and Department of Defense (DoD) officials regarding sexual assault in the military, fought for and earned House Armed Services Committee passage of key provisions to improve policies for investigating, prosecuting, and addressing sexual assault in our armed forces.

"Sexual assault in the military is unacceptable and needs to be addressed immediately," said Rep. Cisneros. "We have a responsibility to our servicemembers to ensure not only that sexual allegations are properly investigated and prosecuted, but also that survivors' rights are enforced. I am hopeful that the provision and amendments my colleagues and I included in the National Defense Authorization Act to address sexual assault at all levels of our military will change the status quo and do right by our servicemembers."

Under the leadership of Chairwoman Jackie Speier (CA-14), the House Armed Services Subcommittee on Military Personnel, for which Rep. Cisneros serves as Vice Chair, has closely examined sexual assault in the military. In February, the Subcommittee received testimony to examine a DoD survey indicating a significant increase in sexual assault and harassment at military academies. In April, the subcommittee received testimony examining the role of the commander in sexual assault prosecutions, during which Rep. Cisneros questioned whether commanders receive sufficient legal training to be able to handle sexual assault allegations effectively.

Summaries of key provisions sponsored by Rep. Cisneros are below:

Cisneros secures bill language supporting survivors of sexual assault: The House Armed Services Committee passed several provisions that Rep. Cisneros worked to include in the FY 2020 NDAA. Those provisions:

Extend the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault and direct the Defense Advisory Committee to look into existing rules that may be limiting the voice of sexual assault survivors in cases pertaining to them;

Direct unit commanders to notify civilian authorities when protective orders are issued; and

Require the Department to explore standards for providing sexual assault survivors and their counsel with access to nonprivileged court filings and related materials to aid in their legal representation.

Rep. Cisneros believes that sexual assault survivors should be afforded every opportunity to have appropriate and competent legal representation and vigorous enforcement of their rights. Enabling sexual assault survivors and their counsel to have access to nonprivileged court filings and investigative materials pertaining to them will help ensure survivors do get competent legal representation and vigorous enforcement of their rights.

Cisneros Supports Amendment to include "Prevention of Sexual Assault in Armed Forces Act" in FY 2020 NDAA: Rep. Cisneros joined Rep. Trahan in introducing the Prevention of Sexual Assault in Armed Forces Act. This legislation would create a Defense Advisory Committee on the Prevention of Sexual Assault in the Armed Forces, established and maintained by the Secretary of Defense. It would also allow for enlisted military members to participate in the Funded Legal Education Program (FLEP) to attend law school--a program that is currently only open to officers. With Rep. Trahan, Rep. Cisneros successfully secured the inclusion of Prevention of Sexual Assault in Armed Forces Act bill in the NDAA.

Cisneros works with Rep. Speier to address sexual assault at military academies: The House Armed Services Subcommittee on Military Personnel, which Rep. Cisneros Vice Chairs with Chairwoman Speier, held a hearing this year closely examining the sharp increase in sexual assaults at American Military academies. To address concerns raised in the hearing, Rep. Cisneros supported Chairwoman Speier's amendment to create an Office of Chief Prosecutor charged with making binding referral recommendations to the Military Service Academies' superintendents regarding special victims' offenses and create a four-year pilot program to test the effects of a Chief Prosecutor on the military justice system.

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