[Congressional Record Volume 167, Number 100 (Wednesday, June 9, 2021)]
[Senate]
[Pages S4005-S4006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   Unanimous Consent Request--S. 1520

  Mrs. GILLIBRAND. Mr. President, I rise for the sixth time to call for 
this entire body to have the opportunity to consider and cast their 
votes on the Military Justice Improvement and Increasing Prevention 
Act. This commonsense reform would ensure that people in the military 
who are subjected to sexual assault and other serious crimes have the 
opportunity to get the justice that they deserve.
  Under the current system, fewer than 1 in 10 sexual assault cases 
that are considered for command action are sent to trial, and under the 
current culture, nearly 2 in 3 sexual assault survivors experience some 
form of retaliation for reporting that crime. That means a survivor of 
sexual assault is far more likely to face consequences than an 
assailant.
  When a 2016 Pentagon survey showed that 58 percent of survivors 
perceived retaliation for reporting their assaults, commanders said it 
was unacceptable, and Congress demanded action; but instead of working 
to change the system or the culture, the response was to make 
retaliation a specific crime, despite the fact that it already was a 
chargeable offense under title 10, section 1034 of the United States 
Code. It was nothing more than window dressing. We know that is true 
because, in 2018, when the same survey came out again, the perceived 
retaliation rate went up to 64 percent.
  The DOD estimates that 20,500 servicemembers are sexually assaulted 
each year. So you may wonder: How many documented prosecutions for 
retaliation did we see in the most recent year? The answer: One. Only 
one person has been charged for retaliation in the last year, and there 
have been zero convictions reported. To me, that seems more of a joke.
  Under our bill, the ability to charge and prosecute retaliation would 
move outside the chain of command, giving survivors more confidence to 
come forward in knowing the prosecutors would be free to protect them. 
Under the status quo and under the chairman's proposal, the ability to 
prosecute remains in the wrong hands.
  It is time to remove retaliation and other serious crimes from the 
purview of the chain of command. It is time to professionalize the 
military justice system to remove bias, protect our servicemembers, and 
deliver justice.
  The numbers speak for themselves, and every single number represents 
a person--a survivor, a family member. We owe it to our survivors--
those who have gone through the horrific experience of being assaulted 
only to experience retaliation from their fellow brothers and sisters 
in arms--to change this system. The Military Justice Improvement and 
Increasing Prevention Act will make the changes that they need.
  Every day we delay a vote on this legislation is another day we deny 
justice to our servicemembers--the people who do so much for and give 
so much to our country. There is no reason to make them wait any 
longer.
  Mr. President, as if in legislative session, I ask unanimous consent 
that, at a time to be determined by the majority leader in consultation 
with the Republican leader, the Senate Committee on Armed Services be 
discharged from further consideration of S. 1520 and the Senate proceed 
to its consideration; that there be 2 hours for debate, equally divided 
in the usual form; and that upon the use or yielding back of that time, 
the Senate vote on the bill with no intervening action or debate.
  The PRESIDING OFFICER. Is there objection?

[[Page S4006]]

  The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, in reserving the right to object, the 
chairman of our committee and I have both agreed that we need to be 
debating this during our markup, and we intend to do that.
  For that reason, I object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Iowa.
  Ms. ERNST. Mr. President, I rise to support my colleague and friend 
from New York in the call for the consideration of the Military Justice 
Improvement and Increasing Prevention Act. This is an effort whose time 
is well past due.
  For too long, our servicemembers have faced the threat and traumas of 
sexual assault in their own ranks. We must act to prevent these attacks 
and hold perpetrators accountable. Sixty-five other Members of this 
Chamber recognize the urgency of our servicemembers' plight. It is time 
for debate and consideration.
  I yield the floor.
  Mrs. GILLIBRAND. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. MENENDEZ. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.