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Floor Speech

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Mr. REED. Madam President, reserving my right to object.

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Mr. REED. Madam President, on military justice reform, I am pleased that the NDAA that we will consider this week will enact sweeping and historic reform that changes how sexual assault and other offenses are investigated and prosecuted in the Armed Forces. This bipartisan, bicameral compromise was achieved after tough negotiations with the House and also with the administration. The House voted last week 363 to 70 to pass this bill with these reforms--an overwhelming endorsement of the work that we do. I look forward to a similar, strong vote in the Senate this week, sending these reforms to the President of the United States.

As you know, there have been many proposals for improving how the military prosecutes sexual assault and other crimes, from Senators, Representatives, from the administration, and from other organizations, all of them with their unique merits. Bringing all this together was difficult and complicated, but I believe we have done so effectively.

Our bill removes all meaningful prosecutorial authority from the military chain of command for the series of sexual assault offenses under the UCMJ, as well as for other offenses, including the wrongful distribution of intimate visual images, domestic violence, stalking, retaliation, murder, manslaughter, kidnapping, and child pornography.

Our bill creates special trial counsel, who are highly specialized, independent prosecutors outside the chain of command of the victims and the accused. They will have exclusive, binding, and final decision- making authority over whether to prosecute these crimes.

Under our bill, no commander will be able to overrule the binding decision of a special trial counsel to prosecute or not prosecute a case. Similarly, our bill ensures that the special trial counsel have the exclusive authority to withdraw or dismiss charges or specifications, removing that power from commanders.

Finally, our bill will make a large number of necessary and conforming amendments to the UCMJ to effectuate this reform, and I am sure there will be need for more of this during the 2-year implementation period.

The bottom line is that the reforms contained in this bill represent a sea change in military justice. At the end of the day, this NDAA will enact the most sweeping reform to the UCMJ in decades, and that is why Protect Our Defenders--probably one of the most effective and vocal organizations founded on the premise of defending the rights of victims of sexual assault--said: ``The provisions included in this year's NDAA are the most transformative military justice reforms in our Nation's history.''

Madam President, having made that statement, I will object.

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