Fiscal 2022 defense act reforms military prosecutions of sexual assault but keeps male-only draft registration

2022-01-27T14:10:31-05:00

As 2021 came to a close, President Joe Biden signed into law a $768.2 billion fiscal 2022 National Defense Authorization Act (NDAA) that transforms the way incidents of military sexual assault and harassment are investigated and prosecuted.

But dropped from the final bill (S. 1605), signed into law on Dec. 27, was a provision that would have required women to join men in registering for the selective service at age 18.

Congress must pass separate appropriations to fund the law, which authorizes national security spending totaling $740 billion for the Department of Defense (DOD) and $27.8 billion for the Department of Energy. A continuing resolution is funding DOD and other federal agencies through Feb. 18, 2022.

Reforming military sexual assault prosecutions

House Armed Services Committee Chairman Rep. Adam Smith, D-Washington, said that even though this is the 61st consecutive time a president has signed an NDAA, the 2022 law contains “transformational” reforms to address military sexual assault, which DOD estimates is experienced by 6.2% of active-duty women and 0.7% of active-duty men.

“These reforms — which are supported by longstanding advocates for survivors of the sexual assault crisis in the military — will take the prosecution of all sex crimes in the military away from the control of the military commander,” Smith said in a statement. “Instead, qualified, independent, uniformed attorneys — ultimately overseen by the civilian Service secretaries — will have the sole authority for charging decisions and the responsibility to prosecute those charges.”

According to a summary issued by Smith, the reforms under the Uniform Code of Military Justice (UCMJ) include that:
Each Service Branch secretary establish an Office of Special Trial Counsel to prosecute sexual assault cases and related crimes and put in place a lead special trial counsel to independently report to the DOD secretary.
The counsel be independent from the chain of command of the survivor and the accused.
The counsel’s court-martial decisions in sexual assault and related cases be binding on a commander and convening authority.
“Military sexual assault survivors took on the world’s largest employer with the world’s largest budget and won a major victory,” said retired Col. Don Christensen, president of the advocacy group Protect Our Defenders, in a statement. “The provisions included in this year’s NDAA are the most transformative military justice reforms in our nation’s history. This is what happens when we champion survivors and ensure their voices are heard.”

The law adds sexual harassment as a punitive article under the UCMJ and requires such complaints to be independently investigated within specific timelines. DOD is also now required to track allegations of sexual assault and sexual harassment or retaliation.

The 2022 NDAA raises service member and DOD workforce base pay by 2.7%, and provides for 12 weeks of parental leave for primary and secondary caregivers who need time for a birth, adoption or long-term foster placement.

Left out of the final version of the 2022 NDAA was an amendment to the Military Selective Service Act requiring females to register for the draft, which the nation has not had since 1973.

Learn more

Read the House committee summary of the NDAA 2022: https://rly.pt/3r4PJpT

3r4PJpT

Response by SFC Stephen King made Jan 27 at 2022 2:26 PM

2022-01-27T14:26:19-05:00

Great information, thank you for the post

Response by SGM Bill Frazer made Jan 27 at 2022 4:38 PM

2022-01-27T16:38:17-05:00

Getting tired of this- Feminists scream about equality and being able to do any man's job. Hell over 20+% of the services are women now, and thy are allowed in combat positions. If they can fight like a man, then why in the hell are they except for the draft? True it hasn't been used in50 years, but it is sitting there in case of an emergency

Response by 1SG Russell S. made Jan 27 at 2022 6:33 PM

2022-01-27T18:33:52-05:00

Equal but not.

Response by LTC Private RallyPoint Member made Jan 27 at 2022 11:53 PM

2022-01-27T23:53:39-05:00

I’m 1000% sure that all those poor commanders are THRILLED that this just became somebody else’s problem. Yadda yadda, big win against the mean old Army, blah blah. I lived in TERROR of having anything like this in my unit when I had UCMJ authority. What if it’s a false accusation? What if it isn’t? Having *actual lawyers* handle this was always the right move. Don Christensen can pound sand, this is a win for, not over, commanders!

Response by 1SG Private RallyPoint Member made Jan 29 at 2022 6:36 PM

2022-01-29T18:36:05-05:00

I never in my 20 years of service was worried about a sexual assault or sexual harassment allegation. The sexual predators and harassers should be given maximum punishment if the allegations are substantiated. I know Republicans especially were not in favor of having women in the draft.

https://www.nationalreview.com/2021/12/republicans-shouldnt-fear-making-a-moral-case-against-drafting-women/

Republicans Shouldn’t Fear Making a Moral Case against Drafting Women | National Review

Many Republicans are loath to admit that it is profoundly shameful to send our mothers and daughters to war.

Response by SGT Mark Friedman made Jan 29 at 2022 11:00 PM

2022-01-29T23:00:00-05:00

In this day and age of the MeToo movement and others on the political left, it doesn't make sense to me that young woman are not expected to register with selective service but you g men are.

Fair is fair Mrs Pelosi

Response by SPC Eileen Keller made Jan 31 at 2022 6:14 PM

2022-01-31T18:14:23-05:00

Hmmm, I am sadden by the comments I read. I think the men serving would get that women are not the same when it comes to military service. I also don't think women should be in combat - very few will be able to keep up the guys for any length of time. When I trained with both men and women, I saw weak guys manage to get through because the women were there (even though maybe only 1 woman, or none at all, could keep up with the middle group of men). At my units if I wanted to keep up with the men (just talking about training), I had to workout additionally on my own. Just to keep up. Mentally, I could do any job that came my way. Willingness - I was willing (and did) give my everything to anything I needed to do. But the insanity of trying to make female troops the same as male troops needs to stop. To me not have to register is the first step of the correction. Although, I am sure this administration would have done it if they thought they could get away with it.

Response by SFC Casey O'Mally made Feb 4 at 2022 12:52 PM

2022-02-04T12:52:32-05:00

I seem to remember SCOTUS hearing the whole female draft issue and deciding to do nothing. The reason? Congress ASSURED SCOTUS they were working on a fix. And SCOTUS said it would be premature to rule when Congress is already working on it.

Look like Congress lied. Again. To SCOTUS, no less.

This is me waiting for the perjury indictments.....

Response by SFC Private RallyPoint Member made Feb 7 at 2022 10:19 PM

2022-02-07T22:19:51-05:00

How about we just get rid of the Selective Service? If we have to resort to drafting people ever again, I think this country is pretty well f*ed and it's everyone for themselves at that point.

Response by COL John McClellan made Feb 8 at 2022 12:09 PM

2022-02-08T12:09:27-05:00

Good moves non the UCMJ. If we're keeping the Selective Service registration, not sure why it shouldn't be all Americans at 18 years old?

Response by SFC Joe S. Davis Jr., MSM, DSL made Mar 1 at 2022 5:23 AM

2022-03-01T05:23:49-05:00

Thanks for sharing

Response by Louann Thomas made Apr 23 at 2022 1:29 AM

2022-04-23T01:29:51-04:00

I have 2 Sailors, both male. In between them I have a severely Autistic son. Both of my Sailors registered and also signed up. My Submariner doesn't have any females on his sub and won't as long as he is on a fast attack, no room for female/male quarters. But Airdale did serve with females, some were as tough as he was and others tried the "but I am a lady" thing. Whatever! BUT, this should worry every one. I had to register my severely Autistic son because he is "trainable in at least one skill". He loves taking out the trash. Show him a trash can and he will empty it. That's it! Wait, he gives amazing hugs and he doesn't talk! But neither of those skills would help in a declared war. As a female (not a biologist, just a nurse) I am offended that women who have screamed from the rafters that they are woman hear them roar, do not have to register. My bubblehead has had to go thru a boatload of equality/equity training in the last couple of years, where is the equality/equity if everyone doesn't face the same possibility? Would you rather have a "normal" female or my son who would never be able to stand the line with Brothers in Arms? I love my sons very much, I didn't give birth to any daughters. I might feel differently if I had. BTW, I am a Republican and support women registering for the draft!