[Congressional Record Volume 157, Number 187 (Wednesday, December 7, 2011)]
[Extensions of Remarks]
[Page E2204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   IN SUPPORT OF MOTION TO INSTRUCT CONFEREES ON H.R. 1540, NATIONAL 
                       DEFENSE AUTHORIZATION ACT

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                         HON. LAURA RICHARDSON

                             of california

                    in the house of representatives

                      Wednesday, December 7, 2011

  Ms. RICHARDSON. Mr. Speaker, today I rise in support of the Motion to 
Instruct Conferees, which instructs House conferees to insist on the 
inclusion of certain amendments intended to improved the sexual assault 
prevention and response in the Armed Services that were contained in 
the version of National Defense Authorization Act passed by the House 
on May 26, 2011.
  While 1 in 6 women in the United States will experience some type of 
sexual assault in her lifetime, as many as 1 in 3 veteran women report 
that they have experienced some form of Military Sexual Trauma during 
their service. Due to shame, guilt or fear of not being believed, 
countless victims do not report their assault and it has been reported 
that as few as 13 percent of these sexual assaults are reported to the 
proper authorities.
  Mr. Speaker, not only do cases of sexual assault largely go 
unreported, but response protocols necessary to protect victims of 
assault need to be improved.
  In addition, more must be done to protect these victims after they 
report their abuse. Victims of sexual assault face a lack of 
confidentiality, protection, support, and access to legal counsel once 
an incident is reported.
  Currently, victims of rape or sexual assault do not have the right to 
a unit or duty location transfer following an assault. The result is 
that victims of these unspeakable crimes often have to continue serving 
alongside their assailant. As of this date, the Department of Defense 
has not yet adopted policies that will enable sexual assault victims to 
escape constant contact with their attackers.
  Mr. Speaker, this is a huge problem. Something must be done.
  Fortunately, the problem of rape and sexual assault in the military 
has been addressed by provisions in both the House- and Senate-passed 
versions of the National Defense Authorization Act for FY 2012 (NDAA). 
In both the House and Senate versions, the NDAA makes improvements in 
the military's response to sexual assault and to provide greater 
protections for our service men and women in the armed forces. Our hope 
is to ensure zero tolerance for sexual assault in the military.
  However, the House and Senate versions of this act differ 
significantly. The House version of the NDAA has stronger provisions 
regarding sexual assault in the military by strengthening legal 
protections for the victims, providing support and guidance to victims, 
and by strengthening the systems in place to prevent future assaults. 
That is why the Motion to Instruct directs House conferees to insist on 
the inclusion of these provisions in the compromise legislation 
negotiated in the Conference.
  Among the House-passed improvements are provisions:
  ensuring that sexual assault victims be afforded legal counsel if 
desired;
  protecting the confidentiality and victim advocates;
  requiring that commanders transfer duty stations; and
  requiring adequate training and education programs to prevent sexual 
assault.
  Mr. Speaker, we have a duty to protect our men and women in the 
military, who put their lives on the line for our country. We have a 
duty to make our armed forces safe for all men and women who wish to 
serve. It is dangerous enough risking one's safety in defense of our 
country on foreign shores. It is simply intolerable for American 
servicewomen and men to have to assume the risk of sexual assault from 
their comrades.
  The provisions in the version of H.R. 1540 passed by the House 
reflects a zero tolerance policy when it comes to the sexual assault of 
members of the Armed Forces by members of the Armed Forces. That is why 
I strongly support this Motion to Instruct Conferees on H.R. 1540. I 
urge all of my colleagues to do likewise.

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