[Congressional Record Volume 157, Number 182 (Wednesday, November 30, 2011)]
[Senate]
[Pages S8059-S8060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     SEXUAL ASSAULT IN THE MILITARY

  Ms. KLOBUCHAR. Mr. President, I rise today to speak in regard to the 
National Defense Authorization Act, and in particular to certain 
sections of that bill which target a serious but often underaddressed 
problem facing the men and women of our Armed Services. This is the 
issue of sexual assault.
  I introduced this legislation on this issue in the spring with 
Senator Susan Collins, and I remain deeply concerned about the subject.
  Many of our colleagues are aware that sexual assault is a persistent 
problem within our Armed Forces. In fact, reports of trauma have risen 
in recent years.
  In March, the Department of Defense put out its annual report on 
sexual assault in the military. According to the estimates, there were 
more than 3,000 reports of sexual assault in the military last year. 
That includes reports by both male and female victims, exposing attacks 
perpetrated both by and against members of our military. And those are 
just the reported attacks. Since the Department of Defense estimates 
that only 13 percent of victims actually come forward, we can assume 
the real number of sexual assaults is much higher--upwards of 19,000.
  The Department of Veterans Affairs has reported similarly disturbing 
figures: More than 20 percent of female servicemembers seen at VA 
medical facilities say they were sexually assaulted or harassed during 
their service.
  Let me make this clear. We know the vast majority of the men and 
women serving in our military would never be involved in a sexual 
assault. They have the toughest jobs out there. They are on the front 
lines every day. But when we have a problem, we cannot put our heads in 
the sand and pretend it is not happening.

  In 2008 alone, VA medical personnel reported nearly half a million 
encounters with veterans that focused on sexual assault and harassment. 
Our servicemembers are already dealing with the stress of battle. They 
are fighting two wars, and they are responding to other conflicts and 
needs around the globe.
  The idea that an American in uniform--who is out there on the front 
lines, serving our country--may also suffer the physical and emotional 
trauma of sexual assault is simply unacceptable. It is also 
unacceptable that the records of that assault would be destroyed.
  According to the VA, women who experience sexual assault or sexual 
harassment in the military have a 59-percent higher risk of developing 
mental health injuries.
  Sexual trauma does not just hurt the victims. It can also take a huge 
toll on the soldiers who serve by their sides. It has been shown to 
severely undermine military cohesion, team morale, and overall force 
effectiveness.
  The Department of Defense is well aware of this problem, and over the 
years it has taken some positive steps to address it.
  For example, the Pentagon has created positions for personnel 
specially trained to handle reports of sexual trauma. It has improved 
counseling services for victims. And it has implemented new training 
procedures for commanders. But despite these important improvements, 
the Defense Department continues to fall short in one very key area: 
ensuring the lifelong preservation of victims' records from reports of 
sexual assault.
  As a former prosecutor, I know firsthand how important it is to 
preserve the data connected to crimes like sexual assault. That is why 
I am so troubled by the gaps we have seen at the Defense Department.
  As of now, there is no coordinated, cross-service policy for ensuring 
the preservation of medical records and other information that is 
related to sexual assault. In this day and age, it seems a little 
crazy. Some of the branches have 5 years; some of them have 10 years. 
There is no policy, and many of these records are destroyed. These are 
records of sexual assault.
  Across the board, these policies--or lack thereof--are bleak. In a 
significant number of cases of sexual assault, the data is destroyed 
within 1 year. It is simply shredded.
  The problems this can cause for servicemembers are extensive. Within 
1 year, the servicemember loses the proof that he or she experienced a 
sexual assault connected to their military service.
  As a prosecutor, if you have someone who is maybe accused of a 
crime--or maybe no one followed through on it, and then later they go 
on and they commit an actual crime and there is a trial--you want to be 
able to access the records from the past.
  Also, for the individual victim, it means they no longer have access 
to the evidence necessary for pursuing criminal action against their 
perpetrator.
  It also means if the victim experiences depression or any other 
ailment, either mental or physical, relating to the assault, they may 
not be able to prove it was caused during their service, meaning they 
will not be able to seek VA disability benefits.
  There are far too many examples of this out there--of servicemembers 
being denied compensation from the VA for disabilities caused by 
military sexual assault. There are far too many examples of 
servicemembers who have been told to ``find a witness.'' And when there 
are no witnesses, they have been told to ``get their attackers to 
attest to the assault.'' This is not the way we should be treating our 
servicemembers.
  This year, my office was contacted by a group of Minnesota women 
veterans--veterans of all ages--who have bonded together to share their 
stories of sexual assault and to advocate for stronger protections from 
the Department of Defense and the VA.
  These women signed up to serve. They performed well and honorably. 
And if in the course of their service, they experience an assault--an 
assault that would not have been experienced if they had not 
volunteered--then we owe them the basic decency of keeping their 
records. That is all we are talking about here.
  We have appreciated that the Department of Defense is open to it, 
that the leaders of this bill are working with us on this issue.
  I originally introduced this bill with Senator Collins, Senator 
Murkowski, and Senator McCaskill. We were able to get 23 cosponsors on 
this bill, including every single woman in the U.S. Senate.
  The Support for Survivors Act also is endorsed by several key 
veterans service organizations, including the American Legion, the 
Veterans of Foreign Wars, the Disabled American Veterans, and the Iraq 
and Afghanistan Veterans of America, as well as the Servicewomen's 
Action Network.
  The Support for Survivors Act is straightforward. Quite simply, it 
requires the Department of Defense to ensure lifelong storage of all 
documents connected with reports of sexual assault and sexual 
harassment in the military, while also maintaining full privacy for 
those involved.
  Likewise, the purpose and motivation of this legislation is also 
pretty simple. It is about supporting our veterans.
  I have always believed that when we ask men and women to sacrifice 
for us in defense of our Nation, we make them a promise that we are 
going to give them the support when they come home. As Abraham Lincoln 
said: We need to care for those who have borne the battle.
  Well, protecting our servicemembers' personal records, protecting 
their rights is just about that. This week, Senators are considering a 
critically important bill, the National Defense Authorization Act. I am 
happy to say this year the Defense authorization bill already includes 
a significant majority of the provisions of my Support for Survivors 
Act.
  This summer, the Senate Armed Services Committee saw fit to address 
the issue of military sexual assault during its markup of the bill. I 
am grateful for the time and effort my colleagues have invested in 
reviewing this issue. Already, the National Defense Authorization Act 
requires the Department of Defense to collaborate with the Department 
of Veterans Affairs in developing a comprehensive policy for ensuring 
retention and access to sexual assault records.
  Importantly, the bill ensures protection of the privacy of the 
records. It

[[Page S8060]]

also calls on the Defense Department and the VA to address access to 
the records not only for victims but also to the VA, law enforcement, 
and other entities that may need to access them. The bill also seeks to 
make the policy uniform across all service branches so members of the 
Air Force, the Army, the Navy, and the Marines are given fair 
treatment.
  Why would you have records destroyed of sexual assault in one branch 
after a year and another branch after 5 years and another after 10 
years? It is my position they should not be destroyed at all. The one 
provision which was not included in the Defense Authorization Act, 
which I believe is vitally important, was the requirement that records 
be stored throughout the life of the victim. Storing records for a 
person's lifetime is, in my mind, common sense. All other critical 
records, such as our health records, insurance records, banking records 
are stored throughout our lives. So I believe the case should be the 
same here. Unfortunately, the Defense Authorization Act does not 
require lifelong storage. Instead it put this question entirely in the 
hands of the Defense Department, requiring only that the records be 
stored for 5 years and otherwise allowing the agency to determine its 
own timing.
  Five years is not enough. Yes, it is five times the length of time 
the records are currently stored, and in that respect it is a good 
step. But it is not enough, not in a modern day where we store records 
and we have ways of storing records in a way--and certainly the Defense 
Department knows how to store these records--that is private.
  That is why I have filed an amendment that would ensure that almost 
all sexual assault records are stored for an estimated 50 years. This 
solution is one that I have discussed personally with Senator Levin. It 
is also something my office has worked on closely with the Department 
of Defense. Although 50 years is not necessarily the life of the 
victim, it gets us a long way and is certainly better than what we have 
now.
  I thank Chairman Levin for his willingness to work with me on this 
important issue and for his efforts to include this amendment in the 
overall bill. I also thank the Republicans, the other side of the 
aisle, for working with us and the fact that this was a bipartisan 
amendment from the beginning. Again, the sponsorship on the underlying 
bill included the sponsorship of all women Senators in the Senate.
  I urge my colleagues to support this amendment as well as the strong 
provisions in this bill that address sexual assault protections for 
military members. The problems with sexual trauma within the military 
are broad. But the provisions included in the bill, including my 
amendment, are important advancements. I intend to monitor the Defense 
Department's implementation of these provisions. Although I was not 
able to secure the full lifelong record preservation, I am going to 
keep fighting this fight. But 50 years for most of the records is a 
pretty good result given what we have in place right now.
  This year, the Department of Defense has finally placed a military 
officer in charge of its Sexual Assault Protection and Responsive 
Office, GEN Mary Kay Hertog. I believe she has not only a good grasp on 
the importance of preserving records but also the rank and weight 
necessary to forge real change in the Department's policy.
  I intend to continue my communication with General Hertog, and I look 
forward to finding a policy that ensures that victims have lifelong 
access to their personal records. When our men and women signed up to 
serve there was not a line, and there should not be a line when they 
get back--not for jobs, not for education, and not to receive the 
medical benefits or health protection they have earned.
  I see my colleagues, the leaders on this bill, Senator Levin and 
Senator McCain, are here. I again thank them for working with me on 
this amendment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I thank the Senator from Minnesota for her 
strong efforts on behalf of the men and women in the military and their 
welfare and benefits. She is an advocate and a person who is committed 
to making sure that not only those who are now serving but those who 
have are cared for by our society and by our military and our veterans 
facilities.
  So I thank the Senator. I appreciate the very eloquent statement she 
just made.

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