[Congressional Record Volume 159, Number 63 (Tuesday, May 7, 2013)]
[Senate]
[Pages S3161-S3164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself, Ms. Ayotte, and Mr. Blumenthal):
  S. 871. A bill to amend title 10, United States Code, to enhance 
assistance for victims of sexual assault committed by members of the 
Armed Forces, and for other purposes; to the Committee on Armed 
Services.
  Mrs. MURRAY. Mr. President, I come to the floor because I believe the 
great strength of our military is in the character and dedication of 
our men and women who wear the uniform. It is the courage of these 
Americans to volunteer to serve. That is the Pentagon's greatest asset.
  I know it is said a lot, but take a minute to think about that. Our 
servicemembers volunteer to face danger, to put their lives on the line 
to protect our country and all of its people. When we think of those 
dangers, we think of IEDs. We think of battles with insurgents, many of 
whom are so cowardly and evil that they refuse to even wear a uniform 
themselves, and they seek to kill innocent civilians.
  There are, unfortunately, other dangers as well, dangers that cannot 
be expected and none of our courageous servicemembers should ever have 
to face. That is what I am speaking about, sexual assault. That 
continues to plague the ranks of our military services.
  It is absolutely unconscionable that a fellow servicemember, the 
person whom you rely on to have your back and be there for you, would 
commit such a terrible crime. It is simply appalling that they could 
commit such a personal violation of their brother or sister in uniform.
  Even worse is the prevalence of these crimes. Just today, we are 
hearing the alarming statistic that the number of cases has increased 
by more than one-third since 2010. For the estimated 26,000 cases of 
military sexual assault in 2012, less than 3,000 of them were reported. 
Out of 26,000, only 3,000 were reported. What is even more startling is 
that of those who bravely came forward and reported the abuse, an 
astounding 62 percent of them were retaliated against in one way or 
another.
  According to the Department of Veterans Affairs, about one in five 
female veterans treated by the VA has suffered from military sexual 
trauma. That is certainly not the act of a comrade. It is not in 
keeping with the ethos in any service, and it can no longer be 
tolerated. We still have not done enough to put an end to these 
shameful acts.
  Today I am taking action to change that. Today Senator Ayotte and I 
joined to introduce the Combatting Military Sexual Assault Act of 2013. 
This is bipartisan legislation that we have worked on to make several 
vital improvements to protect our servicemembers, to assist the 
victims, and to punish the criminals. Our bill, the Combatting Military 
Sexual Assault Act, will create a new category of legal advocates 
called special victims' counsels who would be responsible for 
advocating on behalf of the interests of the victim. These SVCs, 
special victims' counsels, would advise the victim on the range of 
legal issues they might face. For example, when a young private first 
class is intimidated into not reporting a sexual assault, by 
threatening her with unrelated legal charges such as underage drinking, 
this new advocate, the SVC, would be there to protect her and tell her 
the truth.
  This bill would also enhance the responsibilities and authority of 
the Department of Defense Sexual Assault Prevention and Response 
Office, known as the SAPRO, to provide better oversight of efforts to 
combat military sexual assault across our Armed Forces. SAPRO would 
also be required to regularly track and report on a range of MSA 
statistics, including assault rates, the number of cases brought to 
trial, and compliance within each of these individual services.
  Some of this data collection and reporting is already being done, so 
this requirement is not going to be burdensome. It would give that 
office statutory authority to track and report to us on the extent of 
the problem.
  The Combatting Military Sexual Assault Act would also require sexual 
assault cases to be referred to the next superior competent authority 
for court martial when there is a conflict of interest in the immediate 
chain of command. This is very important. This will help ensure that 
sexual assault allegations get a fair, impartial,and thorough 
investigation. The President of the Military Officers Association of 
America agrees. They stated:

       Preventing sexual assault is a duty of everyone in the 
     chain of command. This legislation will increase support for 
     sexual assault victims and strengthen policies and procedures 
     for such cases in our Nation's Armed Forces.

  This legislation would also prohibit sexual contact between military 
instructors and servicemembers during basic training or its equivalent 
or within 30 days after the training. As we have seen, with disturbing 
frequency at places such as Lackland Air Force Base or the Air Force 
Academy, new servicemembers are too often taken advantage of and 
abused.
  In these settings, new servicemembers have every aspect of their life 
controlled by their instructor. While this is appropriate for military 
training, in this type of setting it is entirely inappropriate for 
senior servicemembers to seek a sexual relationship with a junior 
subordinate. It is our view it is impossible for a servicemember to 
freely give consent in that setting.
  This bill will also ensure that sexual assault response coordinators 
are available to members of the National Guard and Reserve at all 
times. I was told a very disturbing story recently by a female 
servicemember from the National Guard in my home State of Washington. 
After being sexually assaulted during her monthly drill on a military 
base, she took all the necessary steps, including calling the sexual 
assault response coordinator. When she called, she was told that 
because the assault happened during a monthly drill, not on Active 
Duty, the sexual response coordinator could not help her. Those 
services were only reserved for those on Active Duty.
  That is absolutely unacceptable. When one of our men and women in 
uniform is the victim of a sexual assault, and they have the courage to 
come forward and ask for help, the answer never, ever should be, sorry, 
there are regulations, nothing I can do for you.
  This bill is one step to address the crises we have in our own Armed 
Forces, and it needs to be done now. Yesterday's news that the Air 
Force's chief of sexual assault prevention was arrested for sexual 
assault is another reminder that we have to change the culture around 
this issue.
  I want to be very clear. The military has taken some steps on its 
own. For instance, I am looking forward to seeing Secretary Hagel's 
proposal on how to reform article 60 of the Uniform Code of Military 
Justice. As I think most of our colleagues know, under article 60, the 
convening authority of a court martial is empowered to dismiss the 
judgment of the court martial and overturn their verdict. Many of us, 
myself included, have had serious concerns about how that authority has 
been used in sexual assault cases.
  We are here today to introduce this bill, and I wish to thank the 
Senator from New Hampshire for her advocacy on this issue and for her 
help in putting this legislation together.
  I also wish to thank Representative Tim Ryan for his leadership and 
championing our companion bill in the other Chamber.

[[Page S3162]]

  When I asked Navy Secretary Ray Mabus about the sexual assault 
epidemic, I was glad to hear him say ``concern'' wasn't a strong enough 
word to describe how he felt about this problem. He said he was angry 
about it.
  I know a lot of us share this feeling. We want it to stop. I am very 
hopeful both Chambers can work quickly to do right by our Nation's 
heroes. When our best and brightest put on a uniform and joined our 
U.S. Armed Forces, they do so with the understanding they will 
sacrifice much in the name of defending our country and its people. 
That sacrifice should not have to come in the form of unwanted sexual 
contact from within the ranks.
  I am very pleased to introduce this bill. I wish to thank Senator 
Ayotte again for her hard work and advocacy. It is a pleasure to work 
with her.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 871

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Combating Military Sexual 
     Assault Act of 2013''.

     SEC. 2. SPECIAL VICTIMS' COUNSEL FOR VICTIMS OF SEXUAL 
                   ASSAULT COMMITTED BY MEMBERS OF THE ARMED 
                   FORCES.

       (a) Special Victims' Counsel for Victims of Sexual Assault 
     Committed by Members of the Armed Forces.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretaries of the military 
     departments shall each implement a program on the provision 
     of a Special Victims' Counsel to victims of a sexual assault 
     committed by a member of the Armed Forces.
       (2) Qualification.--An individual may not be designated as 
     a Special Victims' Counsel under this subsection unless the 
     individual is--
       (A) a judge advocate who is a graduate of an accredited law 
     school or is a member of the bar of a Federal court or the 
     highest court of a State; and
       (B) is certified as competent to be designated as a Special 
     Victims' Counsel by the Judge Advocate General of the Armed 
     Force of which the individual is a member.
       (3) Duties.--
       (A) In general.--Subject to subparagraph (C), the duties of 
     a Special Victims' Counsel shall include the provision of 
     legal advice and assistance to a victim in connection with 
     criminal and civil legal matters related to the sexual 
     assault committed against the victim, including the 
     following:
       (i) Legal advice and assistance regarding criminal 
     liability of the victim.
       (ii) Legal advice and assistance regarding the victim's 
     responsibility to testify, and other duties to the court.
       (iii) Legal advice regarding the potential for civil 
     litigation against other parties (other than the Department 
     of Defense).
       (iv) Legal advice regarding any proceedings of the military 
     justice process which the victim may observe.
       (v) Legal advice and assistance regarding any proceeding of 
     the military justice process in which the victim may 
     participate as a witness or other party.
       (vi) Legal advice and assistance regarding available 
     military or civilian restraining or protective orders.
       (vii) Legal advice and assistance regarding available 
     military and veteran benefits.
       (viii) Legal assistance in personal civil legal matters in 
     connection with the sexual assault in accordance with section 
     1044 of title 10, United States Code.
       (ix) Such other legal advice and assistance as the 
     Secretary of the military department concerned shall specify 
     for purposes of the program implemented under this 
     subsection.
       (B) Nature of relationship.--The relationship between a 
     Special Victims' Counsel and a victim in the provision of 
     legal advice and assistance shall be the relationship between 
     an attorney and client.
       (b) Assistance and Reporting.--
       (1) Assistance.--Section 1565b of title 10, United States 
     Code, is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Availability of Special Victims' Counsel for Victims 
     of Sexual Assault Committed by Members of the Armed Forces.--
     (1) A member of the armed forces, or a dependent of a member, 
     who is the victim of a sexual assault described in paragraph 
     (2) may be provided assistance by a Special Victims' Counsel.
       ``(2) A sexual assault described in this paragraph is any 
     offense if alleged to have been committed by a member of the 
     armed forces as follows:
       ``(A) Rape or sexual assault under section 920 of this 
     title (article 120 of the Uniform Code of Military Justice).
       ``(B) An attempt to commit an offense specified in 
     subparagraph (A) as punishable under section 880 of this 
     title (article 80 of the Uniform Code of Military Justice).
       ``(3) A member of the armed forces or dependent who is the 
     victim of sexual assault described in paragraph (2) shall be 
     informed of the availability of assistance under paragraph 
     (1) as soon as the member or dependent seeks assistance from 
     a Sexual Assault Response Coordinator, a Sexual Assault 
     Victim Advocate, a military criminal investigator, a victim/
     witness liaison, a trial counsel, health care providers, or 
     any other personnel designated by the Secretary of the 
     military department concerned for purposes of this paragraph. 
     The member or dependent shall also be informed that the 
     assistance of a Special Victims' Counsel under paragraph (1) 
     is optional and may be declined, in whole or in part, at any 
     time.
       ``(4) Assistance of a Special Victims' Counsel under 
     paragraph (1) shall be available to a member or dependent 
     regardless of whether the member or dependent elects 
     unrestricted or restricted (confidential) reporting of the 
     sexual assault.''.
       (2) Reporting.--Subsection (c) of such section, as 
     redesignated by paragraph (1)(A) of this subsection, is 
     further amended in paragraph (2)--
       (A) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (B) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) A Special Victims' Counsel.''.
       (c) Conforming Amendments to Authority on SARC, SAVA, and 
     Related Assistance.--Subsection (a) of such section is 
     amended--
       (1) in paragraph (1), by striking ``may'' and inserting 
     ``shall, upon request,''; and
       (2) in paragraph (2)--
       (A) by inserting ``a Special Victims' Counsel,'' after ``a 
     Sexual Assault Victim Advocate,''; and
       (B) by striking ``or a trial counsel'' and inserting ``a 
     trial counsel, health care providers, or any other personnel 
     designated by the Secretary of the military department 
     concerned for purposes of this paragraph''.
       (d) Conforming and Clerical Amendments.--
       (1) Heading amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 1565b. Victims of sexual assault: access to legal 
       assistance and services of Sexual Assault Coordinators, 
       Sexual Assault Victim Advocates, and Special Victims' 
       Counsels''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 80 of such title is amended by striking 
     the item relating to section 1565b and inserting the 
     following new item:

``1565b. Victims of sexual assault: access to legal assistance and 
              services of Sexual Assault Coordinators, Sexual Assault 
              Victim Advocates, and Special Victims' Counsels.''.

     SEC. 3. ENHANCED RESPONSIBILITIES OF SEXUAL ASSAULT 
                   PREVENTION AND RESPONSE OFFICE FOR DEPARTMENT 
                   OF DEFENSE SEXUAL ASSAULT PREVENTION AND 
                   RESPONSE PROGRAM.

       (a) In General.--Section 1611(b) of the Ike Skelton 
     National Defense Authorization Act for Fiscal Year 2011 (10 
     U.S.C. 1561 note) is amended by striking ``shall--'' and all 
     that follows and inserting ``shall do the following:
       ``(1) Oversee development and implementation of the 
     comprehensive policy for the Department of Defense sexual 
     assault prevention and response program, including guidance 
     and assistance for the military departments in addressing 
     matters relating to sexual assault prevention and response.
       ``(2) Serve as the single point of authority, 
     accountability, and oversight for the sexual assault 
     prevention and response program.
       ``(3) Undertake responsibility for the oversight of the 
     implementation of the sexual assault prevention and response 
     program by the Armed Forces.
       ``(4) Collect and maintain data of the military departments 
     on sexual assault in accordance with section 1615.
       ``(5) Provide oversight to ensure that the military 
     departments maintain documents relating to the following:
       ``(A) Allegations and complaints of sexual assault 
     involving members of the Armed Forces.
       ``(B) Courts-martial or trials of members of the Armed 
     Forces for offenses relating to sexual assault.
       ``(6) Act as liaison between the Department of Defense and 
     other Federal and State agencies on programs and efforts 
     relating to sexual assault prevention and response.
       ``(7) Oversee development of strategic program guidance and 
     joint planning objectives for resources in support of the 
     sexual assault prevention and response program, and make 
     recommendations on modifications to policy, law, and 
     regulations needed to ensure the continuing availability of 
     such resources.
       ``(8) Provide to the Secretary of Veterans Affairs any 
     records or documents on sexual assault in the Armed Forces, 
     including restricted reports with the approval of the 
     individuals who filed such reports, that are required by the 
     Secretary for purposes of the administration of the laws 
     administered by the Secretary.''.
       (b) Collection and Maintenance of Data.--Subtitle A of 
     title XVI of such Act (10 U.S.C. 1561 note) is amended by 
     adding at the end the following new section:

[[Page S3163]]

     ``SEC. 1615. COLLECTION AND MAINTENANCE OF DATA OF MILITARY 
                   DEPARTMENTS ON SEXUAL ASSAULT PREVENTION AND 
                   RESPONSE.

       ``In carrying out the requirements of section 1611(b)(4), 
     the Director of the Sexual Assault Prevention and Response 
     Office shall do the following:
       ``(1) Collect from each military department on a quarterly 
     and annual basis data of such military department on sexual 
     assaults involving members of the Armed Forces in a manner 
     consistent with the policy and procedures developed pursuant 
     to section 586 of the National Defense Authorization Act for 
     Fiscal Year 2012 (10 U.S.C. 1561 note) that protect the 
     privacy of individuals named in records and the status of 
     records.
       ``(2) Maintain data collected from the military departments 
     under paragraph (1).
       ``(3) Assemble from the data collected and maintained under 
     this section quarterly and annual reports on the involvement 
     of members of the Armed Forces in incidents of sexual 
     assault.
       ``(4) Develop metrics to measure the effectiveness of, and 
     compliance with, training and awareness objectives of the 
     military departments on sexual assault prevention and 
     response.
       ``(5) Establish categories of information to be provided by 
     the military departments in connection with reports on sexual 
     assault prevention and response, including, but not limited 
     to, the annual reports required by section 1631, and ensure 
     that the submittals of the military departments for purposes 
     of such reports include data within such categories.''.
       (c) Element on Unit of Accused and Victim in Case Synopses 
     in Annual Report on Sexual Assaults.--
       (1) In general.--Section 1631(f) of such Act (10 U.S.C. 
     1561 note) is amended--
       (A) by redesignating paragraphs (5) and (6) as paragraphs 
     (6) and (7), respectively; and
       (B) by inserting after paragraph (4) the following new 
     paragraph (5):
       ``(5) The case synopsis shall indicate the unit of each 
     member of the Armed Forces accused of committing a sexual 
     assault and the unit of each member of the Armed Forces who 
     is a victim of sexual assault.''.
       (2) Application of amendments.--The amendments made by 
     paragraph (1) shall apply beginning with the report regarding 
     sexual assaults involving members of the Armed Forces 
     required to be submitted by March 1, 2014, under section 1631 
     of the Ike Skelton National Defense Authorization Act for 
     Fiscal Year 2011.

     SEC. 4. DISPOSITION AND OTHER REQUIREMENTS FOR RAPE AND 
                   SEXUAL ASSAULT OFFENSES UNDER THE UNIFORM CODE 
                   OF MILITARY JUSTICE.

       (a) Disposition and Other Requirements.--
       (1) In general.--Subchapter VI of chapter 47 of title 10, 
     United States Code (the Uniform Code of Military Justice), is 
     amended by inserting after section 830 (article 30) the 
     following new section (article):

     ``Sec. 830a. Art. 30a. Rape and sexual assault offenses: 
       disposition and other requirements

       ``(a) In General.--Notwithstanding any other provision of 
     this chapter, charges on offenses specified in subsection (b) 
     shall be subject to the disposition requirement in subsection 
     (c) and subject to the other requirements and limitations set 
     forth this section.
       ``(b) Covered Offenses.--The charges on offenses specified 
     in this subsection are charges on the offenses as follows:
       ``(1) Rape or sexual assault under section 920 of this 
     title (article 120).
       ``(2) An attempt to commit an offense specified in 
     paragraph (1) as punishable under section 880 of this title 
     (article 80).
       ``(c) Disposition Requirements.--(1) Subject to paragraph 
     (2), the charges on any offense specified in subsection (b) 
     shall be referred to an appropriate authority for convening 
     general courts-martial under section 822 of this title 
     (article 22) for disposition.
       ``(2) If the appropriate authority to which charges 
     described in paragraph (1) would be referred under that 
     paragraph is a member with direct supervisory authority over 
     the member alleged to have committed the offense, such 
     charges shall be referred to a superior authority competent 
     to convene a general court-martial.
       ``(d) Victim's Rights.--A victim of an offense specified in 
     subsection (b) shall have rights as follows:
       ``(1) To a Special Victims' Counsel provided under section 
     1565b(b) of this title.
       ``(2) To have all communications between the victim and any 
     Sexual Assault Response Coordinator, Sexual Assault Victim 
     Advocate, or Special Victims' Counsel for the victim 
     considered privileged communications for purposes of the case 
     and any proceedings relating to the case.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter VI of chapter 47 of such title (the 
     Uniform Code of Military Justice) is amended by inserting 
     after the item relating to section 830 (article 30) the 
     following new item:

``830a. Art. 30a. Rape and sexual assault offenses: disposition and 
              other requirements.''.
       (b) Revision of Manual for Courts-Martial.--The Joint 
     Service Committee on Military Justice shall amend the Manual 
     for Courts-Martial to reflect the requirements in section 
     830a of title 10, United States Code (article 830a of the 
     Uniform Code of Military Justice), as added by subsection 
     (b), including, in particular, section 306 of the Manual 
     relating to disposition of charges.

     SEC. 5. PROHIBITION ON SEXUAL ACTS AND CONTACT BETWEEN 
                   CERTAIN MILITARY INSTRUCTORS AND THEIR 
                   TRAINEES.

       (a) Prohibition.--Section 920 of title 10, United States 
     Code (article 120 of the Uniform Code of Military Justice), 
     is amended--
       (1) by redesignating subsections (e) through (g) as 
     subsections (f) through (h); respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Sexual Acts and Sexual Contact Between Certain 
     Military Instructors and Trainees.--
       ``(1) Enhanced prohibition on sexual assault.--A military 
     instructor who commits a sexual act upon a member of the 
     armed forces while the member is undergoing basic training 
     (or its equivalent) or within 30 days after completing such 
     training is guilty of sexual assault and shall be punished as 
     a court-martial may direct.
       ``(2) Enhanced prohibition on abusive sexual contact.--A 
     military instructor who commits or causes sexual contact upon 
     or by a member of the armed forces while the member is 
     undergoing basic training (or its equivalent), or within 30 
     days after completing such training, which instructor was not 
     the spouse of the member at the member's commencement of such 
     training, is guilty of abusive sexual contact and shall be 
     punished as a court-martial may direct.
       ``(3) Covered military instructors.--This subsection 
     applies with respect to the following members of the armed 
     forces otherwise subject to this chapter:
       ``(A) Drill Sergeants in the Army.
       ``(B) Drill Instructors in the Marine Corps.
       ``(C) Recruit Division Commanders in the Navy.
       ``(D) Military Training instructors in the Air Force.
       ``(E) Company Commanders in the Coast Guard.
       ``(F) Such other members of the armed forces as the 
     Secretary concerned may designate as having supervisory 
     authority over new recruits undergoing basic training (or its 
     equivalent).
       ``(4) Consent.--Lack of consent is not an element and need 
     not be proven in any prosecution under this subsection. 
     Consent is not a defense for any conduct in issue in any 
     prosecution under this subsection.''.
       (b) Cross References to Definitions.--Chapter 47 of title 
     10, United States Code (the Uniform Code of Military 
     Justice), is amended--
       (1) in section 920b(h)(1) (article 120b(h)(1)), by striking 
     ``section 920(g) of this title (article 120(g))'' and 
     inserting ``section 920 of this title (article 120)''; and
       (2) in section 920c(d)(1) (article 120c(d)(1)), by striking 
     ``section 920(g) of this title (article 120(g)))'' and 
     inserting ``section 920 of this title (article 120))''.

     SEC. 6. AVAILABILITY OF SEXUAL ASSAULT RESPONSE COORDINATORS 
                   FOR MEMBERS OF THE NATIONAL GUARD.

       (a) Availability in Each National Guard State and 
     Territory.--Section 584(a) of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81; 
     125 Stat. 1433; 10 U.S.C. 1561 note) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Availability in each national guard state and 
     territory.--The National Guard of each State and Territory 
     shall ensure that a Sexual Assault Response Coordinator is 
     available at all times to the members of the National Guard 
     of such State or Territory. The Secretary of the Army and the 
     Secretary of the Air Force may, in consultation with the 
     Chief of the National Guard Bureau, assign additional Sexual 
     Assault Response Coordinators in a State or Territory as 
     necessary based on the resource requirements of National 
     Guard units within such State or Territory. Any additional 
     Sexual Assault Response Coordinator may serve on a full-time 
     or part-time basis at the discretion of the assigning 
     Secretary.''.
       (b) Availability To Provide Assistance for Members of the 
     National Guard in State Status.--Section 1565b of title 10, 
     United States Code, as amended by section 2 of this Act, is 
     further amended in subsection (a)--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) In the case of a member of the National Guard in 
     State status under title 32 who is the victim of a sexual 
     assault, assistance provided by a Sexual Assault Response 
     Coordinator shall be provided by the Sexual Assault Response 
     Coordinator Assistance available in the State or Territory 
     concerned under paragraph (2) of section 584(a) of the 
     National Defense Authorization Act for Fiscal Year 2012 (10 
     U.S.C. 1561 note), but, with the approval of the Secretary of 
     the Army or the Secretary of the Air Force, as applicable, 
     may also be provided by Sexual Assault Response Coordinator 
     assigned under paragraph (1) of that section.''.

  Ms. AYOTTE. Let me say I wish to thank very much my colleague from 
Washington, Senator Murray, for her leadership on this issue and for 
the opportunity to work together to address this very important issue 
of making sure we eliminate sexual assaults that occur within our 
military and that the victims of these crimes get the respect,

[[Page S3164]]

the support, and the justice they deserve. I am very honored to work 
with Senator Murray, and I thank her so much for giving me the 
opportunity to work with her on this important legislation to address a 
very serious problem in our military.
  I approach this issue not just as someone who comes from a military 
family and has such great, deep respect for the military--as I know 
Senator Murray does with the important position she has on the 
Veterans' Committee--but also as someone who serves on the Armed 
Services Committee and someone who worked in my prior career 
extensively with victims of sexual assault. During my time as a 
prosecutor in New Hampshire and then later as the State's attorney 
general, I saw the devastating impact of these types of crimes.
  I also saw the real need to address what is too often a silent crime. 
The victims often suffer in silence for fear of coming forward and not 
being supported when they are to come forward and report a sexual 
assault.
  That is very important, and that is why I also supported efforts 
earlier this year--that I know Senator Murray was a very strong leader 
on--to reauthorize the Violence Against Women Act. I wish to thank her 
for her leadership on that as well.
  Currently, military sexual assault occurs at alarming levels 
throughout all branches of our military. According to the Department of 
Defenses estimates, 19,000 servicemembers were sexually assaulted in 
2011, a rate of over 52 per day. Despite these shocking figures, fewer 
than 2,800 assaults against servicemembers were reported to the 
Department of Defense over the same period.
  The Department of Defense Sexual Assault Prevention and Response 
Office's annual report, which was actually just released today at the 
same time that we are filing our legislation, concludes that the number 
of people who made an anonymous sexual assault claim but never reported 
the attack increased from 19,000 in 2011 to 26,000 in 2012, nearly a 
37-percent increase. Yet the number of reported sexual assaults against 
servicemembers only increased--in other words, those who did report and 
come forward--by about 8 percent. This is a dramatic example of people 
who were victims but feel they would have the support to come forward 
and report the crimes that were being committed against them.
  Astonishingly, as Senator Murray mentioned, just yesterday it was 
reported that the police arrested a lieutenant colonel in charge of the 
Air Force's Sexual Assault Prevention and Response branch and charged 
him with sexual battery, which brought this issue very much to the 
forefront, given the fact that this individual was charged with 
important responsibility over the Sexual Assault Prevention and 
Response Program.
  It is important to understand why sexual assault is so destructive, 
especially when it occurs in our military--of course, when it occurs 
anywhere. Sexual assault is a serious and unacceptable crime that can 
inflict lasting emotional and physical impact on the victims of these 
crimes that can last for years and throughout their lifetimes.
  In the military, sexual assault can also damage unit morale, 
readiness, the preparedness of our troops. Also, military sexual 
assault can negatively impact the well-earned reputation of those who 
serve honorably, which is obviously the overwhelming number of members 
of our military who serve our country with great courage and with great 
character.
  So we must aggressively tackle this problem to compassionately help 
victims but also to protect the good order and discipline that 
ultimately undermine and support the readiness of our military units. 
We do our military and our servicemembers little good if we ignore this 
problem.
  Conversely, it is very important we pass commonsense legislation that 
will help solve the problem. But we should make no mistake that, again, 
the vast majority of our men and women in uniform serve with tremendous 
dignity and honor, and the United States continues to be the very best 
military in the world because of the character, quality, and courage of 
our men and women in uniform. But when a servicemember fails to live up 
to our values and commits a sexual assault, we must ensure victims have 
the support they need and the perpetrators are held accountable and are 
brought to justice.
  That is why Senator Murray and I have introduced this legislation 
today. Our legislation, titled the ``Combating Military Sexual Assault 
Act,'' would expand and improve military sexual assault prevention and 
response resources available to the victims of these crimes. Building 
on the lessons we have learned from a pilot program already in place in 
the Air Force, our bill would provide trained special victims' counsels 
to victims in all service branches to help them throughout the process. 
These counsels can help comfort and advise victims after the crime has 
occurred. The special victims' counsel also provides victims the 
confidence they need to come forward, report the crime, and seek 
justice.
  The Chief of Staff of the Air Force, General Welsh, testified this 
morning before the Armed Services Committee ``the evidence is clear'' 
that providing special victims' counsel to those who suffer from this 
crime has been ``immensely helpful'' in the Air Force. So every victim 
of crime within our Armed Services deserves to have the support of the 
special victims' counsel.
  Our bill would also ensure sexual assault response coordinators are 
available to members of the National Guard and Reserve at all times, 
regardless of whether the servicemember is operating under title 10 or 
title 32 authority. It is very important we get this in the law now so 
that our Guard men and women get the support they deserve. We could not 
have fought the battles and wars we have fought without their courage 
and bravery and the sacrifices they have made.
  Our bill would also make certain sexual assault cases are referred to 
the general court-martial level when sexual assault charges are filed 
or to the next superior competent authority when there is a conflict of 
interest in the immediate chain of command. Right now, the way the 
system is set up, there is not a set mechanism where there is a 
conflict of interest. This commonsense approach would recognize the 
uniquely devastating damage sexual assault crimes inflict on 
individuals and ensure that victims can have confidence in the military 
court justice system.
  In conclusion, allowing this problem to persist is simply 
unacceptable, both for the victims and for the morale and readiness of 
our forces that do so much to ensure the freedom of this country. We 
must continue to make clear that sexual assault in the military simply 
will not be tolerated, and we must match these words with actions. Our 
legislation does just that.
  I look forward to working with the Department of Defense, continuing 
to work with Senator Murray--and I thank her again for her leadership--
as well as my Senate colleagues on both sides of the aisle in 
strengthening existing laws and policies so that all military sexual 
assault victims can come forward without fear of retribution and with 
the confidence they will receive the support, care, and justice they 
deserve from our country.
  Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Madam President, I want to thank my colleagues for 
working on military sexual assault. Senator Gillibrand and I and others 
are working on a way to handle these assaults which takes them out of 
the chain of command and makes sure the prosecutors get the chance to 
decide whether a case goes forward, and no one in the chain of command 
can overturn a military court that makes a decision.
  So I look forward to working with all my colleagues, female 
colleagues and male colleagues, because this is an absolute disgrace 
for the greatest Nation on Earth. We have to change a culture that 
somehow is permissive toward violence against women, and might I add 
men as well, when we look at the numbers. There is a lot of sexual 
violence against men in the military in terms of numbers--more cases 
against men than women--but in terms of percentages, there are more 
against women. It is a terrible situation.
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