[Congressional Record Volume 168, Number 70 (Thursday, April 28, 2022)]
[Senate]
[Page S2221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Ms. HIRONO (for herself, Mr. Booker, Mrs. Gillibrand, and Mrs.
Feinstein):
S. 4113. A bill to provide for the independent investigation and
prosecution of sexual harassment under the Uniform Code of Military
Justice, and for other purposes; to the Committee on Armed Services.
Ms. HIRONO. Mr. President, I rise today to introduce the Sexual
Harassment Independent Investigations and Prosecution Act, also known
as the SHIIP Act, which addresses longstanding systemic problems in the
way that the military investigates and prosecutes sexual harassment. I
thank Senators Booker, Gillibrand, and Feinstein for being original
cosponsors and Representative Speier for introducing this important
legislation in the U.S. House of Representatives.
It has been 2 years since Army SPC Vanessa Guillen was murdered after
she reported being sexually harassed by another servicemember. Her
tragic death was the catalyst to an investigation that led the
Independent Review Commission to recommend key changes to the way the
Department of Defense handles sexual assault and sexual harassment.
Some of these changes, including the codification of sexual harassment
as a crime, were established last year through the Fiscal Year 2022
National Defense Authorization Act. Others, unfortunately, were left
out.
We must continue to build on the important work of the Independent
Review Commission and the steps taken in the Fiscal Year 2022 National
Defense Authorization Act for the sake of our servicemembers. This
includes codifying the requirement that any sexual harassment or
assault complaint to be reviewed by a third-party investigator outside
the chain of command. This change is essential to restoring the trust
between soldiers and their superiors. Servicemembers would no longer
have to fear their voices being stifled or dismissed altogether.
That is why I am introducing the SHIIP Act to require that all
complaints of sexual assault and harassment be reviewed by a specially
trained investigator outside the chain of command. The provisions in
this legislation will move prosecutorial decisions on sexual harassment
cases to the new special trial counsel, created by the Fiscal Year 2022
National Defense Authorization Act, and require that independent sexual
harassment investigators be outside the chain of command and trained to
investigate sexual harassment. These changes are essential to ensure
servicemembers feel safe reporting any misconduct and that their
complaints are investigated properly.
I urge my colleagues to pass the SHIIP Act as another step forward
toward restoring faith in the military justice system.
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