[Congressional Record Volume 167, Number 121 (Monday, July 12, 2021)]
[Senate]
[Pages S4822-S4823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   Unanimous Consent Request--S. 1520

  Ms. GILLIBRAND. Mr. President, I rise today to once again call for 
every Senator to have an opportunity to vote on a generational bill to 
fix how the military deals with sexual assault and other serious 
crimes.
  It is the Military Justice Improvement and Increasing Prevention Act. 
This bill will ensure that men and women who serve in our military have 
the opportunity for basic justice, basic civil liberties, and basic 
protection under the law.
  I want to start by recognizing the monumental advance toward military 
justice reform made during our Senate work week. The Independent Review 
Commission on Sexual Assault in the Military released their 
recommendations, which included removing the prosecution of sexual 
assault and related crimes from the chain of command. It is a historic 
sign of progress after decades of obstruction.

  The Secretary of Defense has agreed with the Commission's findings 
that the removal of sexual assault prosecutions from the chain of 
command and the professionalization of the military justice system 
would benefit survivors and in no way diminish good order and 
discipline. It is also a historic sign of progress that President Biden 
has endorsed all of these recommendations.
  After years--years--of pushing for these types of reforms, this 
change in thinking from our military and executive leadership is truly 
momentous. Every crime that the IRC reviewed, they recommended removing 
it from the chain of command. That is a clear recognition that the 
current military justice system is not capable of addressing the 
epidemic of sexual assault among our ranks and that it is not providing 
justice for our servicemembers.
  As President Biden said, ``This is the beginning, not the end of our 
work.'' While I welcome the IRC's recommendations, I am deeply 
heartened to see that Secretary Austin and President Biden both endorse 
the recommendations and will happily work with us to make them a 
reality. We also have to recognize that the IRC was provided a very 
limited task--to review only sexual assault and harassment in the 
military. No other crimes were under their purview. Unfortunately, they 
were also not asked to look at other serious crimes that are related, 
such as murder.
  We as a Congress have been tasked with a larger job. It is our job to 
ensure that the military writ large works for every servicemember. The 
recent scandals at Fort Hood, the murder of Vanessa Guillen, and the 
deep racial disparities in prosecutions have made it plain that the 
need for reform in the military justice system goes far beyond sexual 
assaults. Vanessa Guillen was murdered, and she was harassed. Serious 
crimes such as murder deserve the consideration of military lawyers who 
are trained with expertise, not commanders.
  For those who worry about the impact that this reform would have on 
command authority, I would point to the head of the IRC, the 
chairwoman, Lynn Rosenthal, who said:

       The IRC rejects the notion that, by removing legal 
     decisions about prosecution from the command structure, that 
     commanders have no role. It's simply not the case. Commanders 
     are responsible for the climates they create. They're 
     responsible for working to prevent sexual assault and sexual 
     harassment, and they're responsible for making sure that 
     victims are protected when they come forward to report. So, 
     the idea that they won't have an interest in solving this 
     problem if they are not making [a] technical, legal 
     [decision], we think, is simply false.

  The same logic extends to all serious crimes. Commanders will still 
be responsible for setting the culture that prevents them, for 
protecting victims, and for maintaining an interest in solving these 
problems even if they are not making these complex, technical decisions 
about whether or not a case should go to trial. And in a great number 
of these cases that do not go forward to trial, they come back to the 
commander for the commander to use his discretion--nonjudicial 
punishment, summary court-martial, or special court-martial--the many 
tools he still has.
  We must guarantee that we have a professional, unbiased system for 
all servicemembers. It is our constitutional duty to provide oversight 
and accountability over the Department of Defense. We are the authors 
of the military justice code. We are the ones who put it in place. It 
is Congress's duty to update it and to make sure it works. We can do 
that by taking this momentum and building upon it and passing the 
Military Justice Improvement and Increasing Prevention Act this year. 
We have the votes to pass it in committee. We have the votes to pass it 
on the floor. This is an issue we have been fighting for and talking 
about and having hearings on for 8 years.
  I began calling for a full vote on the floor on this bill on May 24. 
Since then, an estimated 2,744 servicemembers will have been raped or 
sexually assaulted. More will have been victims of other serious 
crimes. All of them deserve justice, and it is our responsibility to 
provide it.
  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 Armed Services 
Committee 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
  Mr. REED. Mr. President, I object to the Senator's request for the 
reasons that I have previously stated.
  As the Senator from New York acknowledged, on July 2, President Biden 
announced that he ``strongly supports'' the recommendations put forth 
by Secretary Austin based on the work of the Independent Review 
Commission that would reform how the military prosecutes sexual 
assault-related crimes. Subsequent to the President's statement, the 
administration forwarded to the committee their legislative proposals 
to implement this reform.
  I support and commend the President, the Secretary, and the IRC 
leadership and staff for their work, and I look forward to working with 
them and the administration and my colleagues, particularly my 
colleagues on the Armed Services Committee, to enact this historic and 
momentous change to the Department of Defense.
  Sexual assault is an unconscionable crime and a pervasive problem in 
the military and in American society. While the military has taken 
steps to try to stop sexual assault in the ranks, it simply hasn't been 
enough. I strongly agree with the President's statement that ``sexual 
assault in the military is doubly damaging because it also shreds the 
unity and cohesion that is essential for the functioning of the U.S. 
military and to our national defense.''
  While this change will be important, enhancing prevention, education, 
and command climate and culture will also be vital. If this reform to 
the UCMJ is the only thing we do, then I think that it will not be 
successful on its own. We need to prevent these crimes, not simply 
prosecute them.
  I understand that my colleague from New York, Senator Gillibrand, 
disagrees with the proposed scope of this reform. Nevertheless, I want 
to acknowledge her leadership on this issue. She has fought for 8 years 
for this reform, and that day, with respect to sexual assault, is 
coming. Indeed, just as a footnote, the legislation that is being 
advanced would include every crime incident to a sexual assault, so 
that if a

[[Page S4823]]

victim is subject not just simply to sexual assault but to other crimes 
in that incident, all those crimes are to be tried together. So the 
need to import crimes like murder and arson and other nonsexual related 
crimes is, in my view, not going to accomplish the goals that I think 
this Senate has been focused on, particularly over the last 6 months or 
so.
  I intend to include the administration's proposals in next week's 
markup at the annual Defense bill, subject to amendment. I think that 
is important to know--subject to amendment, that the UC as proposed 
would not allow amendments. It would not allow colleagues on the floor 
to come up and say: I have a better idea. We will do that in the 
committee, as we have always done it in the committee or at least tried 
to do it in the committee.
  I look forward to working with Senator Gillibrand and my other 
colleagues in the committee as we consider, debate, and vote on this 
and other proposals, but I still must reiterate my objection to the 
unanimous consent request.
  I yield the floor.
  The PRESIDING OFFICER. The objection is heard.
  Mrs. GILLIBRAND. Mr. President.
  The PRESIDING OFFICER. The Senator from New York
  Mrs. GILLIBRAND. First of all, our bill is entitled ``Military 
Justice Improvement and Increasing Prevention Act,'' so, as the 
chairman has requested, there is a great deal of prevention in this 
bill. And I dare say, if the chairman was going to include all of the 
recommendations of the IRC, we would have a very strong base bill on 
which to work from, but I do not have the sense that that will be done. 
In fact, I do not have the sense that all the recommendations are being 
considered, so I intend to offer an amendment that encompasses all of 
the recommendations.
  Second, the reason why murder and other serious crimes must be 
included is because there are two challenges within the military: One, 
sexual assault cases are not handled properly, and unfortunately too 
few go to trial and too few end in conviction. The rate of going to 
trial and the rate of conviction has gone down.
  The second reason is, if you only allow sexual assault cases to have 
a proper review, you will further marginalize survivors of sexual 
assault, who, more often than not, are women who report those cases, 
because receiving special treatment and a special legal system will not 
create fairness within the military for them.
  Third, there is enormous evidence in the last 3 years of considerable 
racial bias against Black and Brown servicemembers. In the marines, if 
you are a Black man, you are up to 2.6 times more likely to be 
punished. That is a serious problem, and this is an issue that has been 
investigated for a long time.
  So I believe that the bright line of felonies, as our allies have 
already done in the UK, Israel, Canada, Netherlands, Germany, and 
Australia, is meaningful because they did it for defendants' rights, 
they did it to professionalize their military justice system, and they 
did it to protect all servicemembers. Servicemembers in the U.S. 
military deserve nothing less.
  I yield the floor.
  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.
  Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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