[Congressional Record Volume 159, Number 63 (Tuesday, May 7, 2013)]
[Senate]
[Pages S3161-S3167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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.
______
By Mr. REED (for himself and Mr. Cochran):
S. 882. A bill to amend the Workforce Investment Act of 1998 to
integrate
[[Page S3165]]
public libraries into State and local workforce investment boards, and
for other purposes; to the Committee on Health, Education, Labor, and
Pensions.
Mr. REED. Mr. President, I am pleased to introduce the Workforce
Investments through Local Libraries Act or the WILL Act with Senator
Cochran. During these challenging economic times, our one-stop system
has been stretched to the limit. Stepping in to help have been our
public libraries, which have always been a key access point for people
looking for employment or looking to make a career change. According to
the Institute of Museum and Library Services, 30 million Americans used
a library computer to help address their career and employment needs in
2009.
The Employment and Training Administration and the Institute of
Museum and Library Services have developed a partnership to highlight
effective practices and encourage collaboration between the workforce
investment system and public libraries, but more needs to be done.
There are more than four times as many libraries as one-stop centers in
high unemployment counties. We could greatly expand the reach of the
workforce investment system by fully integrating public libraries into
the delivery system and providing them with the resources they need to
better assist Americans in finding work.
The Workforce Investments through Local Libraries, WILL, Act will
strengthen the connection between the public library system and the
one-stop system to better serve job seekers. The WILL Act will give
library users access to workforce activities and information related to
training services and employment opportunities, including resume
development, job bank web searches, literacy services, and workshops on
career information. The goal of the WILL Act is to enable libraries to
access Workforce Investment Act resources to continue to provide job
search support in communities all across America.
Specifically, the WILL Act amends the Workforce Investment Act, WIA,
to: include library representation on state and local workforce
investment boards; ensure the coordination of employment, training, and
literacy services carried out by public libraries as part of the state
workforce investment plan; recognize public libraries as an allowable
``One-Stop'' partner; authorize new demonstration and pilot projects to
establish employment resources in public libraries; and encourage the
Employment and Training Administration to collaborate with other
federal agencies, including the Institute of Museum and Library
Services, to leverage and expand access to workforce development
resources.
To get Americans back to work, we need to leverage all of our
community assets. Public libraries play a vital role in providing
access to information, technology, support, and other essential
resources to help Americans find good jobs and build successful
careers. I urge my colleagues to join Senator Cochran and me in
cosponsoring the WILL Act and to support its inclusion in the effort to
renew the Workforce Investment Act.
______
By Mr. LEVIN (for himself, Mr. McCain, Mr. Coburn, and Mr.
Rockefeller):
S. 884. A bill to require the Director of National Intelligence to
develop a watch list and a priority watch list of foreign countries
that engage in economic or industrial espionage in cyberspace with
respect to United States trade secrets or proprietary information, and
for other purposes; to the Committee on Finance.
Mr. LEVIN. Mr. President, one aspect of cybersecurity threats from
foreign nations relates directly to America's global competitiveness.
If American entrepreneurs are known for one thing, it is innovation.
That innovation costs money. American companies invest billions and
billions of dollars every year on research and development to create
products that are the best in the world. Companies in my State alone
invest $16 billion a year in research and development. When these
investments succeed American companies are often the leaders in their
industries at home and in overseas markets, offering technologies that
are not available elsewhere. This is a huge competitive value and one
that we must protect.
But too many U.S. companies of all sizes are being robbed of their
intellectual property, the engine of their businesses, and the American
economy is being undermined through cyber theft. Often the culprits are
foreign governments. To make matters worse, these governments share the
stolen technology with companies that compete with the very U.S.
companies that developed the technology in the first place.
General Keith B. Alexander, head of the National Security Agency and
U.S. Cyber Command, recently called the theft of intellectual property
from U.S. entities through cyberspace ``the greatest transfer of wealth
in history.'' He estimated that such theft costs U.S. companies and
institutions hundreds of billions of dollars. It is outrageous that
American trade secrets are being stolen and used to compete against us.
So who is responsible?
As far back as 2011, the National Counterintelligence Executive said
in its annual report to Congress that ``Chinese actors are the world's
most active and persistent perpetrators of economic espionage. U.S.
private sector firms and cybersecurity specialists have reported an
onslaught of computer network intrusions that have originated in
China.''
In March of this year, Mandiant, a company that investigates private
sector cyber security breaches, published a report describing how a
cyber-espionage unit of the Chinese People's Liberation Army raided the
computers of at least 141 different organizations, stealing
``technology blueprints, proprietary manufacturing processes, test
results, business plans, pricing documents, [and] partnership
agreements.'' According to Mandiant, the industries targeted by the PLA
``match industries that China has identified as strategic to their
growth.'' Mandiant's report exposed PLA cyber theft aimed at the
information technology, transportation, aerospace, satellites and
telecommunications, and high end electronics industries, to name just a
few.
U.S. government reports also point to China. Just last week the U.S.
Trade Representative issued its ``Special 301'' report reviewing the
global state of intellectual property rights, IPR. USTR stated that
``Obtaining effective enforcement of IPR in China remains a central
challenge, as it has been for many years.'' The report continued ``This
situation has been made worse by cyber theft, as information suggests
that actors located in China have been engaged in sophisticated,
targeted efforts to steal [intellectual property] from U.S. corporate
systems.''
Also last week, an article in Bloomberg described cyber espionage
conducted by the Chinese People's Liberation Army against QinetiQ, a
defense contractor. The article said the PLA operation ``jeopardized
the [victim] company's sensitive technology involving drones,
satellites, the U.S. Army's combat helicopter fleet, and military
robotics, both already-deployed systems and those still in
development.'' The report stated that the Chinese ``hackers had
burrowed into almost every corner of QinetiQ's U.S. operations,
including production facilities and engineering labs in St. Louis,
Pittsburgh, Long Beach, Mississippi, Huntsville, Alabama and
Albuquerque, New Mexico, where QinetiQ engineers work on satellite-
based espionage, among other projects.''
It is time that we fought back to protect American businesses and
American innovation. We need to call out those who are responsible for
cyber theft and empower the President to hit the thieves where it hurts
most--in their wallets.
Today, I am introducing a bill along with Senators McCain, Coburn and
Rockefeller that calls on the Director of National Intelligence, DNI,
to develop a list of foreign countries that engage in economic or
industrial espionage in cyberspace with respect to U.S. trade secrets
or proprietary information. We have done something similar under the
Special 301 process for intellectual property rights infringements in
foreign countries.
Specifically, our legislation requires the DNI to publish an annual
report listing foreign countries that engage in, facilitate, support or
tolerate economic and industrial espionage targeting U.S. trade secrets
or proprietary
[[Page S3166]]
information through cyberspace. That report would identify:
A watch list of foreign countries that engage in economic or
industrial espionage in cyberspace with respect to trade secrets or
proprietary information owned by United States persons; it would
identify a priority watch list of foreign countries that are the most
egregious offenders; U.S. technologies targeted for economic or
industrial espionage in cyberspace and U.S. technologies that have been
stolen, to the extent that is known; articles manufactured or produced
or services provided, without permission from the rights holder, using
such stolen technologies or proprietary information; foreign companies,
including state owned enterprises, that benefit from stolen
technologies or proprietary information; details of the economic or
industrial espionage engaged in by foreign countries; and actions taken
by DNI and other Federal agencies and progress made to decrease foreign
economic or industrial espionage in cyberspace against United States
persons.
Creating a ``name and shame'' list, as this report would do, will
shine a spotlight on those who are stealing U.S. technologies. But we
need more than a report, we need action.
Our bill provides for more than a report. In order to enforce
compliance with laws protecting U.S. patents, copyrights, and other
intellectual property and protection of the Department of Defense
supply chain, our legislation requires the President to block imports
of products if they: contain stolen U.S. technology or proprietary
information, or are produced by a state-owned enterprise of a country
on the priority watch list and are the same as or similar to products
made using the stolen or targeted U.S. technology or proprietary
information identified in the report, or are made by a company
identified in the report as having benefitted from the stolen U.S.
technology or proprietary information.
Blocking imports of products that either incorporate intellectual
property stolen from U.S. companies or are from companies otherwise
that benefit from cyber theft will send the message that we have had
enough. If foreign governments--like the Chinese government--want to
continue to deny their involvement in cyber theft despite the proof,
that's one thing. We can't stop the denials on the face of facts. But
we aren't without remedies. We can prevent the companies that benefit
from the theft--including State-owned companies from getting away with
the benefits of that theft. Maybe once they understand that complicity
will cost them access to the U.S. market, they will press their
governments to stop or refuse to benefit at least. We will hit them
where it hurts with this legislation and we aim to get results.
We have stood by for far too long while our intellectual property and
proprietary information is plundered in cyberspace and in turn used to
undercut the very companies that developed it. It is now time to act.
Our legislation will give our Government powerful tools to fight back
against these crimes and protect the investments and property of U.S.
companies and institutions. I urge my colleagues to work to enact this
very important legislation as quickly as possible. We have no time to
lose.
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. 884
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 ``Deter Cyber Theft Act''.
SEC. 2. ACTIONS TO ADDRESS FOREIGN ECONOMIC OR INDUSTRIAL
ESPIONAGE IN CYBERSPACE.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Director of National Intelligence shall submit to the
appropriate congressional committees a report on foreign
economic and industrial espionage in cyberspace during the
12-month period preceding the submission of the report that--
(A) identifies--
(i) foreign countries that engage in economic or industrial
espionage in cyberspace with respect to trade secrets or
proprietary information owned by United States persons;
(ii) foreign countries identified under clause (i) that the
Director determines engage in the most egregious economic or
industrial espionage in cyberspace with respect to such trade
secrets or proprietary information (in this section referred
to as ``priority foreign countries'');
(iii) technologies or proprietary information developed by
United States persons that--
(I) are targeted for economic or industrial espionage in
cyberspace; and
(II) to the extent practicable, have been appropriated
through such espionage;
(iv) articles manufactured or otherwise produced using
technologies or proprietary information described in clause
(iii)(II);
(v) services provided using such technologies or
proprietary information; and
(vi) foreign entities, including entities owned or
controlled by the government of a foreign country, that
request, engage in, support, facilitate, or benefit from the
appropriation through economic or industrial espionage in
cyberspace of technologies or proprietary information
developed by United States persons;
(B) describes the economic or industrial espionage engaged
in by the foreign countries identified under clauses (i) and
(ii) of subparagraph (A); and
(C) describes--
(i) actions taken by the Director and other Federal
agencies to decrease the prevalence of economic or industrial
espionage in cyberspace; and
(ii) the progress made in decreasing the prevalence of such
espionage.
(2) Determination of foreign countries engaging in economic
or industrial espionage in cyberspace.--For purposes of
clauses (i) and (ii) of paragraph (1)(A), the Director shall
identify a foreign country as a foreign country that engages
in economic or industrial espionage in cyberspace with
respect to trade secrets or proprietary information owned by
United States persons if the government of the foreign
country--
(A) engages in economic or industrial espionage in
cyberspace with respect to trade secrets or proprietary
information owned by United States persons; or
(B) facilitates, supports, fails to prosecute, or otherwise
permits such espionage by--
(i) individuals who are citizens or residents of the
foreign country; or
(ii) entities that are organized under the laws of the
foreign country or are otherwise subject to the jurisdiction
of the government of the foreign country.
(3) Prioritization of collection and analysis of
information.--The President shall direct the Director to make
it a priority for the intelligence community to collect and
analyze information in order to identify articles described
in clause (iv) of paragraph (1)(A), services described in
clause (v) of that paragraph, and entities described in
clause (vi) of that paragraph.
(4) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
(b) Action by President.--
(1) In general.--Not later than 120 days after each report
required by subsection (a)(1) is submitted, the President
shall direct U.S. Customs and Border Protection to exclude
from entry into the United States an article described in
paragraph (2) if the President determines the exclusion of
the article is warranted--
(A) for the enforcement of intellectual property rights; or
(B) to protect the integrity of the Department of Defense
supply chain.
(2) Article described.--An article described in this
paragraph is an article--
(A) identified under subsection (a)(1)(A)(iv);
(B) produced or exported by an entity that--
(i) is owned or controlled by the government of a priority
foreign country; and
(ii) produces or exports articles that are the same as or
similar to articles manufactured or otherwise produced using
technologies or proprietary information identified under
subsection (a)(1)(A)(iii); or
(C) produced or exported by an entity identified under
subsection (a)(1)(A)(vi).
(c) Consistency With International Agreements.--This
section shall be applied in a manner that is consistent with
the obligations of the United States under international
agreements.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Finance, the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on
Homeland Security, the Committee on Foreign Affairs, the
Committee on Ways and Means, and the Permanent Select
Committee on Intelligence of the House of Representatives.
(2) Cyberspace.--The term ``cyberspace''--
(A) means the interdependent network of information
technology infrastructures; and
(B) includes the Internet, telecommunications networks,
computer systems, and embedded processors and controllers.
(3) Economic or industrial espionage.--The term ``economic
or industrial espionage'' means--
[[Page S3167]]
(A) stealing a trade secret or proprietary information or
appropriating, taking, carrying away, or concealing, or by
fraud, artifice, or deception obtaining, a trade secret or
proprietary information without the authorization of the
owner of the trade secret or proprietary information;
(B) copying, duplicating, downloading, uploading,
destroying, transmitting, delivering, sending, communicating,
or conveying a trade secret or proprietary information
without the authorization of the owner of the trade secret or
proprietary information; or
(C) knowingly receiving, buying, or possessing a trade
secret or proprietary information that has been stolen or
appropriated, obtained, or converted without the
authorization of the owner of the trade secret or proprietary
information.
(4) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).
(5) Own.--The term ``own'', with respect to a trade secret
or proprietary information, means to hold rightful legal or
equitable title to, or license in, the trade secret or
proprietary information.
(6) Person.--The term ``person'' means an individual or
entity.
(7) Proprietary information.--The term ``proprietary
information'' means competitive bid preparations, negotiating
strategies, executive emails, internal financial data,
strategic business plans, technical designs, manufacturing
processes, source code, data derived from research and
development investments, and other commercially valuable
information that a person has developed or obtained if--
(A) the person has taken reasonable measures to keep the
information confidential; and
(B) the information is not generally known or readily
ascertainable through proper means by the public.
(8) Technology.--The term ``technology'' has the meaning
given that term in section 16 of the Export Administration
Act of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)).
(9) Trade secret.--The term ``trade secret'' has the
meaning given that term in section 1839 of title 18, United
States Code.
(10) United states person.--The term ``United States
person'' means--
(A) an individual who is a citizen of the United States or
an alien lawfully admitted for permanent residence to the
United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States.
______
By Mr. BOOZMAN (for himself, Mr. Manchin, Mr. Moran, and Mr.
Tester):
S. 889. A bill to amend title 10, United States Code, to improve the
Transition Assistance Program of the Department of Defense, and for
other purposes; to the Committee on Veterans' Affairs.
Mr. BOOZMAN. Mr. President, the Transition Assistance Program, TAP,
provides training to servicemembers regarding veteran benefits, job
search skills, pre-separation counseling, resume writing, how to
prepare for interviews, and other transition training. TAP is a great
program; however, there is always room for improvement. For this
reason, I am joining with Senator's Moran and Manchin to introduce
their Servicemembers' Choice in Transition Act of 2013. This
legislation enhances the content of TAP to enable those leaving
military service to better utilize their GI Bill benefits as a way to
transition to civilian employment. It also makes TAP more interactive
and provides a better fit for each servicemembers' personal transition
goals.
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. 889
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 ``Servicemembers' Choice in
Transition Act 0f 2013''.
SEC. 2. CONTENTS OF TRANSITION ASSISTANCE PROGRAM.
(a) In General.--Section 1144 of title 10, United States
Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(9) Provide information about disability-related
employment and education protections.''.
(2) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Additional Elements of Program.--The mandatory
program carried out under this section shall include--
``(1) for any member who plans to use the member's
entitlement to educational assistance under title 38--
``(A) instruction providing an overview of the use of such
entitlement; and
``(B) testing to determine academic readiness for post-
secondary education, courses of post-secondary education
appropriate for the member, courses of post-secondary
education compatible with the member's education goals, and
instruction on how to finance the member's post-secondary
education; and
``(2) instruction in the benefits under laws administered
by the Secretary of Veterans Affairs and in other subjects
determined by the Secretary concerned.''.
(b) Deadline for Implementation.--The program carried out
under section 1144 of title 10, United States Code, shall
comply with the requirements of subsections (b)(9) and (c) of
such section, as added by subsection (a), by not later than
April 1, 2015.
(c) Feasibility Study.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans' Affairs
of the Senate and the House of Representatives the results of
a study carried out by the Secretary to determine the
feasibility of providing the instruction described in
subsection (b) of section 1142 of title 10, United States
Code, at all overseas locations where such instruction is
provided by entering into a contract jointly with the
Secretary of Labor for the provision of such instruction.
____________________