[Congressional Record (Bound Edition), Volume 159 (2013), Part 12]
[Senate]
[Pages 17415-17421]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     SEXUAL ASSAULT IN THE MILITARY

  Ms. MIKULSKI. Mr. President, today we, of course, are beginning the 
debate on the National Defense Authorization Act. Throughout the next 
hour, and throughout the rest of the day, you will see the women of the 
Senate take the floor, one, in support of our military but also to 
express their concern and their ideas on how to deal with sexual 
violence in the military. You will see in the next hour our ideas--the 
fact that we have excellent ideas in the bill--and then we will have a 
robust debate on how to even further enhance this process.
  This is a compelling national problem. When you join the military and 
you face the enemy, you should not have to fear the enemy within. No 
woman should be a victim of rape by a fellow soldier or seaman or 
corpsman. No man should face the same sexual attack and call it hazing. 
There is no place in the U.S. military for violence against one member 
of the military by another.
  I am pretty fed up. I am fed up with lip service and empty promises 
and zero tolerance policies and task force after task force after task 
force. I am an old-timer in this institution. I have been here for 25 
years, and I have worked on this issue every year. Ever since I first 
came here there has been some repugnant occurrence--from when I was a 
brandnew Senator and I had to deal with a situation at the Naval 
Academy where a female midshipman was chained to a urinal at the Naval 
Academy and taunted for 3 hours by fellow midshipmen, until she was 
freed by a visiting Air Force cadet, getting her out of handcuffs at 
her own Naval Academy. Then there was Tailhook. Then there were other 
kinds of incidents.
  Statistics after statistics. There are 26,000 reasons why we are on 
the floor today. Mr. President, 26,000 sexual assaults have occurred in 
our U.S. military this past year.
  Then we look at the service academies training the future leaders--15 
attacks at the Naval Academy, 15 attacks at West Point, and over 50 
attacks at the U.S. Air Force Academy.
  Now is the time to do something, to do something bold, to do 
something strong and something unequivocal, something victims can have 
confidence in, where the accused can feel the process will be fair and 
we restore the confidence in the U.S. military to stop this and to deal 
with their own.
  I am proud of the leadership taken by the women in the Senate and the 
women on the Armed Services Committee. There are now seven women on the 
Armed Services Committee--five Democrats and two Republicans. Wow, do 
they work on a bipartisan basis with the leadership of the committee. 
We appreciate the work of the fine men who have supported us in dealing 
with this issue. We particularly thank Chairman Levin for his 
leadership, and we acknowledge the role of Senator Inhofe. By the way, 
all of the women of the Senate wish to express our sincere condolences 
to Senator Inhofe on the loss of his beloved son, Dr. Perry Inhofe.
  This is not just a women-only fight. This is a fight to make sure our 
military continues to be the best in the world and that when you serve, 
there is an enemy outside that we will always face, but there is an 
enemy within that we need to now end.
  We, the women of the Senate--all of us--agree on the goals. We want 
to be able to provide prosecutorial tools for punishment, we want to 
ensure fairness in the process, and we want to make sure we get help to 
the victims.
  The National Defense Authorization Act has more than 30 reforms in it 
to accomplish that. Thirteen relate to prosecutorial reforms, 10 are 
reforms to improve victims' services, 2 reforms are to improve training 
of first responders, and 5 also deal with various kinds of reporting.
  I am so pleased that the bill works to prevent retaliation against 
someone who reports a crime. So if you feel you have been a victim of 
sexual assault you are not retaliated against by stepping forward, 
where you are then doubly victimized, both by the attack and then by 
those who want to squelch the fact that you want to bring the attack to 
the surface and to follow some kind of redress and to also get help.
  It also eliminates the statute of limitations on courts-martial for 
sexual crimes. It requires a review of decisions by commanders not to 
prosecute and requires dishonorable discharge for anyone convicted of a 
sexual assault.
  The bill ensures that every victim gets access to legal counsel and 
support. This is very important. It is important not only to me and the 
other women, but it is important to the person who would be injured. 
First responders must have training in sexual assault. There are others 
that could be elaborated on.
  Sexual assault in the military continues to rise. It is a problem, as 
I said. I am worried about the men and women every day, to be sure that 
they are well trained and well protected.

[[Page 17416]]

  Unfortunately, many of these acts of violence are unreported, 
unprosecuted, and unpunished. DOD's own annual report gives us a 
picture of why victims do not report these crimes. Fifty percent do not 
think anything will be done, 43 percent believe they will not be 
believed, and 47 percent are afraid of retaliation.
  The reforms in this bill deal with those fears and their concerns. We 
are ready to reform, revise, and standardize how the military deals 
with these problems. These reforms will change the way the military 
thinks and how they act.
  During the course of this whole process, we have met with victims and 
heard their stories, we have met with experts and advocates, we have 
met with the military themselves. Now we are ready to give all 
concerned in this a voice by using the Defense bill for a vehicle for 
serious and significant reform. We have been able to do this because we 
have worked together on both sides of the aisle, working with the 
leadership of the committee--30 reforms that people can count on for 
fairness in the process for the accused but also help to those who feel 
they have been victimized but to be sure they are not victimized by the 
very system they count on.
  I eagerly look forward to hearing from my senior Republican colleague 
Senator Collins.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. First, I wish to commend the senior Senator from 
Maryland, the dean of the women Senators, for organizing this debate 
today on an issue that concerns each of us; that is, the growing crisis 
of sexual assault in the military.
  I first raised my concern over the military's inadequate response to 
the growing crisis of sexual assault nearly 10 years ago. I remember it 
well. It was a hearing before the Senate Armed Services Committee in 
2004, at which I expressed my growing alarm about the number of sexual 
assaults in the military and the inadequate response by the leaders of 
the military to provide adequate care for the survivors and to ensure 
appropriate punishment for the perpetrators of these reprehensible 
crimes.
  In an exchange I had with GEN George Casey, I stated the military 
needs to be much more responsive to reports of sexual assault, 
particularly in the field, and to separate these women and, in some 
cases, the male victims, from their alleged attackers. The Department 
must also vigorously prosecute offenders and hold commanders 
accountable for establishing zero tolerance policies.
  To say that General Casey's response was disappointing would be an 
understatement. I am convinced that if the military had heeded the 
concerns that I and others such as Senator Mikulski raised a decade 
ago, this terrible problem would have been addressed much sooner, 
saving many individuals from the trauma, the pain, and the injustice 
they endured.
  Back then, sadly, the attitude of the high-ranking officials who were 
testifying at that 2004 hearing was dismissive, even though these 
crimes never should have occurred in the first place, traumatized the 
survivors, and eroded the trust and discipline that are fundamental to 
every military unit. Thankfully, the attitude I perceive amongst senior 
military officers today is markedly different from the one I 
encountered 9 years ago. The work of translating the military's stated 
policy of zero tolerance into reality, however, remains unfinished 
business. Fostering a culture of zero tolerance so that the number of 
assaults is greatly diminished remains a goal, not reality. Ensuring 
that survivors do not think twice about reporting an assault for fear 
of retaliation or damage to their careers is still not part of the 
military culture.
  In 2011, I joined our former colleague John Kerry in coauthoring the 
Defense STRONG Act as an initial step to address this crisis. 
Provisions of that bill were signed into law as part of the fiscal year 
2012 National Defense Authorization Act. They provide survivors of 
sexual assault the assistance of advocates with genuine 
confidentiality. They provide guaranteed access to an attorney and 
expedited consideration to be transferred far away from their 
assailant.
  Earlier this year I introduced the Coast Guard STRONG Act to extend 
these protections to Coast Guard members. I thank Chairman Levin, 
Ranking Member Inhofe, and Senator McCaskill for their work to include 
these provisions in this year's NDAA.
  More than anything, survivors need to have the confidence that the 
legal system in which they report a crime will produce a just and fair 
result. Based upon data from the Department of Defense's most recent 
sexual assault prevention and response survey, that view is not held by 
enough servicemembers or survivors.
  As a result, I have supported and introduced legislation with 
Senators Gillibrand and McCaskill aimed at reducing the barriers to 
justice that many survivors of sexual assault currently face in the 
military.
  I commend both Senator Gillibrand and Senator McCaskill for their 
extraordinary leadership and dedication to resolving this unacceptable 
problem.
  Let me also thank Chairman Levin and Ranking Member Inhofe for 
incorporating significant provisions from both bills into the NDAA.
  In fact, there are more than 26 provisions specifically targeting 
sexual assault in the military in the bill that we are debating today. 
For example--and there are many, but I wish to highlight one because it 
was part of a bill Senator McCaskill and I introduced--the legislation 
mandates a dishonorable discharge or dismissal for any servicemember 
convicted of sexual assault. This came from a bipartisan, bicameral 
bill, the BE SAFE Act, that I introduced with Senator McCaskill, 
Congresswoman Niki Tsongas, and Congressman Mike Turner earlier this 
year.
  In addition, the NDAA eliminates the ability of a convening authority 
to overturn a conviction by a jury post-trial for major offenses.
  It permits a commander to relocate an alleged perpetrator of a sexual 
assault crime rather than relocating the survivor following an attack.
  It eliminates certain factors, such as the alleged character of the 
accused, that a commander can consider in deciding how to dispose of an 
offense so that these decisions are based on evidence and the law.
  Finally, the bill includes a provision I support that requires the 
military to provide an attorney dedicated to the interests of survivors 
of sexual assaults who can provide legal advice and assistance when 
survivors need such assistance the most.
  There are many other important provisions that are included in this 
bill. Our work will not be complete until the Pentagon has demonstrated 
that it is fully enforcing its stated policy of zero tolerance for 
sexual assault.
  There are strong views in the Pentagon and in Congress on how best to 
address this issue beyond the 26 provisions in the bill before us. 
There is much debate on what it means for the military's unique legal 
system.
  One of the criticisms I have heard is that we should wait a few more 
months for the results of still more studies or perhaps even wait a few 
more years to see if recently enacted provisions have made a 
difference. I strongly disagree. How many more victims are required to 
suffer before we take additional action? How many more lives must be 
ruined before we act? Rather than waiting for the results of yet more 
studies, we must debate proposals to increase the confidence of 
survivors and increase prevention efforts now until we have proved that 
the military has, indeed, fostered a culture of zero tolerance in which 
survivors are no longer concerned about retaliation from their peers or 
even their commanders.
  This is why I have decided to support Senator Gillibrand's amendment 
to this bill. This was not an easy decision, as there are valid 
arguments on both sides. Senator Gillibrand's amendment takes aim 
squarely at the problem of victims failing to report sexual assault. In 
my judgment, her amendment will encourage more victims to

[[Page 17417]]

report sexual assaults, and that is absolutely critical.
  There can be no question about the Senate's commitment to reducing 
the instances of sexual assault in the military and to providing 
appropriate care for survivors. As we debate various proposals, we are 
united by the need for the serious reforms that are included already in 
this bill and that will enhance the military's response to sexual 
assault.
  I wish to thank all of those on the Armed Services Committee, 
particularly the two leaders, Senator McCaskill and Senator Gillibrand, 
for their excellent work.
  I am certain our work on the NDAA will make a real difference in 
reducing unnecessary suffering, injury, and injustice.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Ms. AYOTTE. I thank my colleagues Senator Collins and Senator 
Mikulski for their leadership on this issue and for bringing this 
important discussion to the floor today.
  I also thank Senator Murkowski, who I see in the Chamber as well, who 
has been a leader. Also, I thank Senator McCaskill, who has been a 
leader in the Armed Services Committee with me.
  This has been an issue that has brought people together. It has 
brought people together for the right reasons. This is an issue that 
the women of the Senate have really driven, but it is important to 
understand that this is not a woman's issue. The issue of ending sexual 
assaults in our military is an issue for everyone. This is an issue 
about justice. This is an issue about fairness. This is about making 
sure that victims of crimes, both men and women, get the justice they 
deserve, the support they deserve in our military, and that they 
understand and appreciate that we want them to have a climate in the 
military where if they are a victim, they can come forward and receive 
the support they need and that they deserve.
  Finally, this is also about the character of our military. We are 
blessed to have the very best military in the world, but when there is 
a plague of sexual assaults such as we have seen in our military, it 
undermines the very fabric of our military in terms of our readiness, 
in terms of our preparedness, and in terms of the cohesiveness of our 
units.
  This is why it is not only important that we address and support the 
victims of these crimes, that we end sexual assault in our military, 
but that we have a climate in our military that says: If you are a 
commander and you do not stop sexual assaults, prevent sexual assaults, 
have a climate in your unit that says zero tolerance, this is not going 
to happen; if a victim comes forward in your unit and you don't handle 
this the right way, do the right thing, support victims, and ensure 
that perpetrators are held accountable, you will be relieved from 
command.
  That is the climate in which all of the reforms in this Defense 
authorization are brought forward, where we work together across the 
aisle with very strong provisions to support victims.
  One of those provisions is a special victims counsel. Senator Patty 
Murray and I introduced a bill, stand-alone, to ensure, based upon a 
pilot program in the Air Force, that victims of sexual assault will 
actually now have their own lawyer, someone to represent them and their 
interests, to know that if they come forward there is someone looking 
out for them. That is one of the provisions contained in this Defense 
authorization bill, to ensure that every victim will have someone who 
stands for them.
  In addition to that is retaliation. We have now made retaliation 
against victims a crime under the Uniform Code of Military Justice. 
This is to say to victims that if they come forward and for some reason 
are retaliated against, then whoever does that will be guilty of a 
crime. This is sending the message to please come forward, we want to 
support you, and we want to be sure the perpetrators are held 
accountable.
  In addition, I believe that if we want to solve this problem, the 
provisions in this bill that people have worked together on are very 
strong. I thank the chairman of the Armed Services Committee and the 
ranking member for their work together.
  We are going to pass in this Chamber unprecedented reforms that 
ensure that the military understands this is not an issue anymore that 
can be left in the closet. This is not an issue that can be quietly 
spoken of where victims feel they can't come forward. The reforms in 
this bill are very tough. They support victims. They hold commanders 
accountable, and they make sure we do not see what we have seen in the 
past, things such as commanders overturning the verdicts. That will be 
done under this bill. That is not allowed anymore if this bill passes 
on the floor.
  So I simply come to the floor today to say there is so much we have 
agreed upon that is going to address this issue in the military, and I 
thank all my colleagues on the floor today for their leadership. We 
will not let this rest. The one thing I do know, for those of us who 
serve on the Armed Services Committee and those who are here in the 
Chamber who do not serve on the Armed Services Committee but serve on 
other important committees, including the Appropriations Committee, 
despite the unprecedented reforms I believe we are going to pass on a 
bipartisan basis to end sexual assault in the military and to ensure 
victims are supported, we are not going to let this go. This is not 
going to be something where we pass these reforms and that is the end 
of the story. Every few months we are going to be asking: What have you 
done to implement these reforms? Every few months we are going to be 
expecting a report back to the Senate to ensure that what we all have 
intended to occur here--that is the right thing for victims of crime, 
that is the right thing for our military--is getting done.
  So while I am very proud of everything we have done and we will do 
when we pass the Defense authorization bill on a bipartisan basis to 
stand against sexual assault in our military, this is not the end of 
the story. We will continue to pursue this to make sure that our 
military understands they are accountable, that victims of crime 
understand that while in the military they will be supported, that we 
will not let this go.
  I thank the Chair and my colleagues for their leadership and 
everything they have done to support victims of crime and to end sexual 
assault in our military.
  The PRESIDING OFFICER. The Senator from Washington.
  Ms. CANTWELL. Mr. President, I rise to join my colleagues in 
highlighting the epidemic of sexual assault in our Nation's armed 
services, and I am glad to join many of my colleagues here--the 
Senators from Maine and New Hampshire and our leader, the Senator from 
Maryland--in making sure the voices of women are heard in this debate.
  We know that in May 2013 the Defense Department released a report 
that showed 26,000 incidents of unwanted sexual contact among 
servicemembers. That is an increase of 35 percent over 2 years.
  In my State, Washingtonians are very proud of the incredible men and 
women who keep our country safe and defend us, and we are proud of the 
10 military installations across our State. There are more than 65,000 
men and women serving in military installations in the State of 
Washington--places such as Joint Base Lewis-McChord, the Puget Sound 
Naval Shipyard, Naval Station Everett, Naval Base Kitsap, Whidbey 
Island Naval Air Station, Bangor Naval Submarine Base, and Fairchild 
Air Force Base. So we took it seriously when there were 116 reports of 
sexual assault across all of these installations in the State of 
Washington in 2010. That number is too high, and that is only the 
amount that is being reported. We know there may be many assaults that 
go unreported.
  As my colleagues are saying, we need to do everything we can to 
address this problem. I am pleased that Joint Base Lewis-McChord is 
developing a sexual assault prevention program, and I urge my 
colleagues in the Senate to act to

[[Page 17418]]

address this epidemic problem. The men and women of our Armed Forces 
are basically defending our country, so why are we leaving them 
unprotected while they serve?
  I have cosponsored legislation authored by my colleague the senior 
Senator from Washington to provide special victims' counsel to victims 
of sexual assault. This will ensure that professionals trained in 
dealing with sexual assault are there to support the victims.
  There may be differing opinions on how best to achieve the overall 
goals of reducing sexual assault in the military, but I believe all my 
colleagues can agree on one common goal: protecting the victims from 
further abuse. We need to put an end to an environment that allows 
sexual assault to occur and that lets the perpetrators go unpunished 
and discourages victims of sexual assault through fear and 
intimidation. Again, we may differ on how to best achieve that goal, 
but we are all here to say the same thing: Enough is enough. We will 
not tolerate sexual assault in the military and Armed Forces, and we 
owe it to our servicemembers to come together and act toward a solution 
today. That is why my colleagues are here--to emphasize this point in a 
way that speaks volumes about how this tragedy is affecting men and 
women in the armed services and the fact that this institution needs to 
come together to address it.
  I thank the Chair, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Ms. MURKOWSKI. Mr. President, I thank my friends, the good Senator 
from Maryland, the dean of the women in the Senate, and the Senator 
from Maine, who have organized this portion of the debate this morning. 
I acknowledge and thank the other women of the Senate who are here this 
morning to speak on an issue we would all agree is something that must 
be addressed and that for far too long has not seen the redress it 
commands. So we stand together unified in an effort to truly make a 
difference.
  I acknowledge the good work particularly of Senators McCaskill and 
Gillibrand, who have worked to raise the awareness of sexual assault in 
the military. They have truly advanced the discussion to the point 
where for the first time in far too long we will make substantive, 
meaningful headway when it comes to addressing sexual assault, sexual 
harassment, and what has been called or referred to as military sexual 
trauma. Working together I think we do have that momentum, that push to 
truly address these areas in a meaningful way.
  When the Senate passes the National Defense Authorization Act for 
2014, it will be evident to all that we have sent a very strong message 
on these issues--a very united message, clearly bipartisan.
  It should be clear to all who have been following the debates--first 
in the Armed Services Committee and now here on the floor--there are 
differences of opinion within this body about how we address the 
crisis. But there is no difference of opinion that we must address the 
crisis. That means how to create a culture that prevents the kinds of 
incidents we are talking about from ever occurring; how we work to 
protect the rights of victims; how to ensure that justice and 
accountability are achieved in an open and transparent fashion so that 
victims know there is a system that works for them and so that our 
constituents know and we here in Congress have that confidence again. 
Right now that confidence does not exist.
  We recognize that there remain differences across the body in how to 
achieve the elimination of sexual assault, sexual harassment, and 
military sexual trauma. I believe the amendment offered by our 
colleague from New York Senator Gillibrand is the best medicine for a 
difficult situation that has been allowed to languish for far too long.
  This afternoon I intend to spend a little more time explaining why 
the amendment of Senator Gillibrand, although it is strong medicine and 
it is disruptive of the status quo, is the right way to go. But my 
purpose this morning in joining with my female colleagues here in the 
Senate is not to argue for or against one amendment or another; it is 
to point out that the NDAA, as reported by the Armed Services 
Committee, includes many provisions--so many provisions--that truly 
have a positive impact going forward.
  I would also point out that during the course of our debate on the 
NDAA, the Senate may consider other amendments that enjoy broad 
support. My colleague, the Senator from California Mrs. Boxer spoke 
eloquently last night about her amendment that will protect victims' 
rights in article 32 proceedings. This amendment has drawn good, strong 
support from those who support the approach of Senator Gillibrand as 
well as those who oppose it. I am proud to cosponsor the amendment of 
Senator Boxer. It is good legislation, and I hope we can come together 
to adopt it.
  I have submitted amendment No. 2141. This ensures that cadets and 
midshipmen at our Nation's service academies have access to special 
victims' counsel and sexual assault nurse examiners. Another of my 
amendments, No. 2143, requires reports from the heads of our service 
academies on the services available to victims of military sexual 
trauma. I would certainly hope these noncontroversial amendments can be 
offered and accepted at the appropriate time.
  I think all of these ideas--those mentioned by my colleague from New 
Hampshire, those addressed by my colleague from Maine and others--will 
all help to make a difference, but I think we recognize that this is 
just the beginning of solving the problem. The Congress of the United 
States can encourage good behavior and can sanction bad behavior, but 
what we cannot do is legislate good culture.
  Over the next few days we are going to hear a good many words about 
the importance of the chain of command in maintaining good culture. 
Some will argue that our efforts to ensure bad behavior is sanctioned 
will cause the chain of command to abandon this responsibility. I don't 
accept this proposition. Regardless of how we dispose of the amendment 
of Senator Gillibrand or the amendment of Senator McCaskill, it is the 
responsibility of the chain of command to provide for good order and 
discipline and sound military culture always. This is a nondelegable 
duty of those who accept positions of leadership and responsibility 
within our Armed Forces.
  Those who wear the uniform reflect the values of this country, and 
every action they take must uphold those values. Sometimes, though, one 
has to wonder, does the chain of command get it? To illustrate a point, 
I want to share a sad story. This is a story Senator Gillibrand and I 
share.
  The soldier's name was Danny Chen. He grew up in New York City's 
Chinatown. He joined the Army, and he was assigned to Fort Wainwright 
in Fairbanks, AK. From there he was deployed to Afghanistan. He was 
found dead in Afghanistan of what the Army described as ``an apparent 
self-inflicted gunshot wound.''
  New York Magazine describes his experience in Afghanistan this way: A 
group of his superiors allegedly tormented Chen on an almost daily 
basis over the course of about 6 weeks in Afghanistan. They singled him 
out. He was their only Chinese-American soldier. They spit racial slurs 
at him. They forced him to do sprints while carrying a sandbag. They 
ordered him to crawl along gravel-covered ground while they flung rocks 
at him. One day, when his unit was assembling a tent, he was forced to 
wear a hard hat and shout out instructions to his fellow soldiers in 
Chinese.
  Danny Chen's story is not about sexual assault or sexual harassment, 
but it is about harassment. It is about the kind of extreme behavior 
that has no place--absolutely no place--in the Armed Forces of this 
world's greatest democracy, just as sexual harassment and military 
sexual trauma have no place in our Armed Forces.
  This week we have the opportunity to send a strong statement to the 
chain of command that they need to clean up the culture. Never again 
should we

[[Page 17419]]

have to speak of a culture that allows harassment, assault, and trauma 
generated from within to fester within our military.
  So I join with my colleagues this morning in unity for the victims 
and for a change--a change that will realign the reality that our 
servicemembers seem to face in the Armed Forces with the values of the 
greatest democracy on Earth.
  I thank the Chair and my colleagues, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Ms. KLOBUCHAR. Mr. President, I rise today to speak on the National 
Defense Authorization Act and how the Senate, and particularly the 
women of the Senate, are working to address the crisis of military 
sexual assault.
  I thank Senators Mikulski and Collins for organizing and bringing us 
together this morning. I thank Senators Levin and Inhofe for their 
leadership, and I thank Senators McCaskill and Gillibrand for working 
on this critical legislation over the course of the past year. Of 
course, I thank all of the women of the Senate. We have heard from many 
of them this morning and will hear from more because this is an 
incredible year--a year that I hope will be remembered as a decisive 
one in the effort to eradicate military sexual assault once and for 
all.
  We are all too well aware that sexual assault continues to plague our 
Armed Forces. We have all seen the horrifying numbers. In 2012, the 
Department of Defense received 3,374 reports of sexual assault in the 
military. But by the DOD's own estimates, 26,000 incidents of unwanted 
sexual contact actually took place during that period. That means that 
only 12.9 percent--a small fraction--of all incidents were actually 
reported. Of the 3,374 reported offenses in 2012, only 880 faced 
command action for sex crimes. Of those 880, 594 faced court-martial, 
and 302 of those courts-martial resulted in convictions.
  So all in all, we have a situation in which 880 people faced any kind 
of discipline for a sex crime out of the universe of 26,000 potential 
incidents. That is only 3.4 percent of total of incidents in which 
someone was held accountable, and only 302 or 1.1 percent were actually 
convicted of a crime. That is not a good set of numbers, and it sums up 
why this problem has been festering and why we need action this year.
  But I think we also know that we are not all here because of the 
statistics. We are here because of real people and because each and 
every one of the numbers is a personal story of grief, and we know them 
all too well. Whether it was the sexual assault scandal last year at 
Lackland Air Force Base in Texas where a dozen or more basic training 
instructors were accused of sexually assaulting female trainees or the 
more recent case at the air base in Italy, where an Air Force general 
decided to reinstate a pilot, without explanation, despite the fact 
that this pilot had been convicted of sexual assault charges in a 
court-martial by a jury of his peers.
  I think of Kimberley Wellnitz from Mora, MN. She served with the 
Marines in Iraq. In 2005, she was handcuffed to a bed and assaulted by 
a fellow Marine--her supervisor. She reported him. The end result? He 
was demoted in rank.
  It is clear we have so much more to do in addressing this problem. It 
doesn't just hurt our men and women in uniform. It undermines the 
integrity of our Armed Forces and the integrity of our country, and 
that is why we can't let it continue.
  I know everyone in the Senate--and none more than the women of the 
Senate--wants action to change this intolerable situation. And action 
is what we are going to get. This year's National Defense Authorization 
Act contains more than two dozen unprecedented reforms which will 
increase reporting of these crimes, provide support to victims, and 
help rebuild trust in the military's handling of sexual assaults.
  As a former prosecutor who ran an office of 400 people, I learned 
over time that the outcomes are incredibly important. But just as 
important is how people feel about how they are treated in the system. 
Every year we did a survey of our victims of domestic abuse and of 
sexual assault, and one of the aspects that became clear over time: 
Just as important as how many months someone got in prison was whether 
or not the crime was explained to them, whether or not the process was 
explained to the victims, and whether or not the outcome was explained. 
We actually had people come back and say: I know this case had to be 
dropped; or I know you couldn't bring charges in this case, but I felt 
that you treated me with respect, and I understood that my case would 
still remain so that if another case came forward my record would be 
there, my report would be there. If the facts were better or if there 
was more evidence, you could go forward with it. That led me to get 
involved way before this past year in the issues of record retention in 
the military on sexual assault reports.
  When I first got involved, we learned the shocking fact that many 
branches of the military were destroying the records sometimes in 1 
year, sometimes in 5 years. That is why Senator Olympia Snowe and I got 
together and proposed changes to that system. We actually changed it so 
records would be kept for decades. But the problem is that still in the 
law, despite two changes we have made over the years on this exact 
authorization act, the victim actually has to sign something and say 
they want the records retained. That would not happen in a civil court.
  Current law only requires retention of restricted reports--and that 
is when a servicemember chooses not to take legal action--at the 
request of the affected servicemember. This might seem innocuous, but 
it is not. It is a loophole allowing for the continued destruction of 
records, making it harder for service men and women who have been 
sexually assaulted to get VA benefits for the assault or to seek 
justice in the future.
  I did an event with a former marine whose case couldn't be brought. 
Because she was a marine, the records at the time were kept for 5 
years. So when the perpetrator got out and raped two kids in 
California, that prosecutor in California was at least able to look at 
the records. Whether he could use them or not is somewhat immaterial. 
It simply helps to look at the records to know what happened and if 
there was a similar modus operandi.
  A servicemember who has been through an assault should not be forced 
to reach a far-reaching decision whether his or her report on such a 
crime will be retained or not, as is what is happening right now. This 
bill gets rid of the double standard between restricted and 
unrestricted reports, ensuring all reports are stored in a secure and 
private manner for at least 50 years. It also contains a provision from 
my bill requiring the disposition of substantiated sexual-related 
offenses be noted in personnel records. This will help ensure that 
commanders are aware of potential repeat offenders. And it contains the 
language from my Military Sexual Assault Prevention Act--and I thank 
Senator Murkowski for her support--which expresses the sense of the 
Senate that charges of rape, sexual assault or attempts to commit these 
offenses should be disposed of by court-martial rather than by 
nonjudicial punishment or administrative action. We want offenders to 
be convicted and punished, not just given a slap on the wrist by 
commanders or allowed to slink away without a discharge.
  This year's NDAA also includes legislation which I introduced with 
Senator McCaskill to add sexual assault and related charges to the list 
of protected communications that can be investigated by the DOD 
inspector general. This is expanded whistleblower protection which will 
help ensure that servicemembers are able to report sexual assault 
crimes without facing retaliation.
  These are just a few of the provisions addressing sexual assault in 
this bill. We also know this bill does so much focused on victims' 
rights and treating our victims with the respect that they deserve.
  Our country is fortunate that we have so many selfless service men 
and women who volunteer to serve their country. When they raise their 
hands

[[Page 17420]]

to serve, we take on the responsibility to provide them the means to 
accomplish their mission and to ensure they don't have to worry about 
what is going on behind the front line. Sexual assault in the military 
betrays that responsibility. If in the course of their service our 
service men and women experience an assault that our military failed to 
prevent, then we owe them the basic decency of justice.
  I look forward to working on and passing this bill with my colleagues 
so that we can protect our servicemembers once and for all.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, we are seeing something pretty historic, 
with over half of the women of the Senate speaking on this issue. I 
know the press isn't covering this, but I hope with C-SPAN they are.
  This is a bipartisan effort, with 30 reforms we have agreed to, and 
it is very impressive that we are all here, speaking up with one voice, 
and an occasional difference in goals. I hope America is watching 
because this has never happened before.
  I now turn to the Senator from Wisconsin for her remarks, then to the 
Senator from Missouri, and then to the Senator from Washington.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Ms. BALDWIN. Mr. President, I rise this morning to speak about this 
year's national defense authorization legislation and the important 
reforms that are a part of the underlying bill to improve our 
military's response to sexual assault within its ranks.
  The men and women in our Armed Services serve with courage in defense 
of our freedom every single day. In my eyes their service needs to be 
respected by taking decisive action to address the ongoing crisis--in 
fact, you can call it an epidemic--of sexual assault in the military. 
We know the system is broken, and it is long past time we fix it.
  I wish to share just one story from a remarkable and brave woman 
named Rachel who lives in LaCrosse, WI.
  Rachel joined the Army in 2004. She was sexually assaulted that same 
year while she was stationed at Fort Meade in Maryland for advanced 
individual training. After reporting her assault to her commanding 
officer, Rachel was interrogated for hours over numerous days and 
ultimately forced to drop the charge. She was written up for 
fraternization, and her assailant was not charged with any crime.
  As you can imagine, Rachel was deeply affected by the trauma of this 
crime and continues to face struggles with post-traumatic stress 
disorder. But Rachel is a survivor and a true inspiration. She has 
turned her pain and courage into a platform for advocacy and service to 
her community, working through her organization Survivors Empowered 
Through Art to raise awareness about military sexual assault through 
the power of art and storytelling.
  Rachel's story is a reminder that she is not alone and that we must 
do everything that we can to make sure that all victims of sexual 
assault have the support they deserve. That is why I am heartened by 
the many important reforms included in the 2014 National Defense 
Authorization Act and very grateful to the bipartisan coalition, in 
particular of women Senators who have worked so diligently to make this 
change happen. In particular, Senators Gillibrand and McCaskill have 
led the fight to make these improvements. Their efforts will make a 
real difference in the lives of countless Americans by preventing 
sexual assault in the military and greatly improving our support to 
victims.
  However, I believe more must be done to help victims of sexual 
assault. That is why I am a proud cosponsor of Senator Gillibrand's 
amendment, which would improve on these important reforms by removing 
the prosecution of major crimes from the military chain of command. 
Instead, military prosecutors would determine whether to move a case 
forward, which would eliminate inherent bias and conflicts of interest 
which currently deter victims from reporting sexual assault crimes in 
the first place.
  I am also filing an amendment to ensure we are including ROTC 
programs in our conversations about military sexual assault. Just like 
we must ensure our new officers from service academies meet our highest 
standards, we must do the same of those commissioned in ROTC programs 
across America.
  I think the important improvements in this year's Defense 
authorization show the great promise of what can be achieved if we work 
together in a bipartisan way to get work done for the American people.
  It is a tremendous privilege to be a public servant. It is a special 
privilege to be the first woman elected from my State to the U.S. 
Senate. One of the best parts for me is that I get to be a woman in the 
Senate at a time when there are so many incredible other women in the 
Senate to work with, to learn from, and to look up to. I expressly 
thank my Senate colleagues who serve on the Armed Services Committee--
Senators McCaskill, Hagan, Shaheen, Gillibrand, Hirono, Ayotte, and 
Fischer. I thank them for their work in guiding this process through 
their committee in such an effective and bipartisan way. And my thanks 
of course goes as well to Senators Levin and Inhofe for their 
stewardship of these important provisions.
  I thank Senators Mikulski and Collins for organizing today's floor 
speeches. The cumulative total of those changes represents true 
progress in eliminating the tragedy and scourge of sexual assault in 
our military. I once again thank my colleagues for their bipartisan 
work.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Kaine). The Senator from Missouri.
  Mrs. McCASKILL. Mr. President, I too thank my colleagues Senator 
Mikulski and Senator Collins for making an effort today to highlight 
the work that has been done on this important issue. I would be less 
than candid if I did not say it has been frustrating to have one policy 
difference dominate the discussion of this issue over the previous few 
weeks, without anyone even realizing the historic reforms that are 
contained in this bill. So I welcome the opportunity to come with my 
colleagues who may disagree on one policy issue but do not disagree on 
the goal and are taking a moment to recognize the work that has been 
put into this bill by not just the women of the Armed Services 
Committee but also the men of the Armed Services Committee.
  After the hearings--and some of us have spent literally hundreds of 
hours pouring over trial transcripts, spending time visiting with 
prosecutors--I think we have fashioned historic and amazing changes 
that are going to forever change the successful prosecution of rapists 
in our military and go further to protect victims.
  I come to this issue with a great deal of experience. I think it is 
not hyperbole or overstating it that I have stood in the courtroom 
prosecuting sexual predators more than any Member of the Senate. I have 
handled hundreds and hundreds of cases and dozens and dozens of jury 
trials. No one in this Chamber has intersected with victims of sexual 
assault more than I have. I do not think anyone has more of an 
understanding of the particularly complicated problems that these cases 
present, especially when there is a ``consent'' defense.
  Keep in mind that the vast majority of these cases in the military 
are consent offenses. You have two options in a sexual assault case. 
One is ``it wasn't me,'' and the other is ``it was consensual 
activity.'' It does not take someone much to understand the principle 
that in this instance most of these cases are going to be consent 
defenses.
  Why do I emphasize that? I emphasize it because it is relevant. It is 
particularly relevant to the reforms that we embrace in the underlying 
bill. The time period in which a victim decides she is going to come 
forward out of the shadows and hold her perpetrator accountable is 
invariably very close in time to the time of report. It is how she is 
treated at that juncture more than anything else, more than whether she 
has been victimized in the military

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or whether she has been victimized on the streets of your hometown--she 
is coming forward with the most personally painful moment of her life. 
Keep in mind if you are coming forward with the most personally painful 
moment of your life how complicated that gets if you know the defense 
is going to be that you wanted it, that it is consensual, and then it 
is even more difficult.
  That is why the vast majority of these crimes in our country are 
never reported, ever. It doesn't matter whether we are talking military 
or civilian. So how can we, at that critical moment, make sure that 
victim gets the help and support she or he needs to do the unthinkable, 
and that is to lay herself or himself bare to the public about what has 
happened. The way you do that is through the reforms my colleague 
Senator Murray stressed and that we have incorporated in this bill, and 
that is that every single victim gets their own lawyer.
  I don't think many Members understand how extraordinary that is. That 
reform alone will make our military the most victim-friendly criminal 
justice system in the world. In no other criminal justice system 
anywhere--civilian, military, United States, our allies--does a victim 
get that kind of support. That is what is underlying in these reforms. 
We already know it works because it has been a pilot program in the Air 
Force. Unlike those who say reporting will never go up unless we make 
another policy change, reporting is spiking in our military, up 50 
percent just this year. That is because the victims are getting the 
word, not only do you not have to report to the chain of command, you 
are going to begin to get the resources and help and knowledge you need 
to navigate the choppiest waters, emotionally and personally, you will 
ever encounter.
  Not only have we done that in the underlying bill, we also have done 
other work such as stripping commanders of their ability to abuse this 
system by changing the outcome of a trial--very important.
  Making the crime of retaliation a reality in the military--it should 
be actionable in a criminal court within the military if you retaliate 
against a victim who reports. Now not only will the victim know that 
retaliation is a crime, not only will the unit know retaliation is a 
crime, the victim has her own lawyer who can help press those charges 
if that occurs.
  Think of the practical consequences of this reform. You go back into 
your unit, you are retaliated against, you call your lawyer: You will 
not believe what they did to me today. Your lawyer helps you bring 
charges against those who might retaliate.
  It requires automatic discharge from the military for rape or assault 
convictions.
  There will be other opportunities to debate the policy difference we 
have about how these cases are handled in the military, but I cannot 
say how grateful I am to the dean and to Senator Collins for doing this 
today. It is very important that we not lose sight that this is not 
about a bumper sticker. It is not about one side versus the other. This 
is about doing the very best job we can on the policy so we can protect 
victims, prosecute offenders, and get them the hell out of our 
military. That is what this is about, and with every fiber of my being 
I believe we are going to accomplish that with the reforms we are 
embracing.
  I will come back to the floor to talk more about the amendment I will 
be offering on the floor to go even further with some of these reforms 
that we think are necessary.
  I am so grateful that my colleagues have taken a moment to recognize 
the obvious; that what we have done is historic; that what we have done 
we do in agreement; and what we have done is going to make a 
difference.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, how much time do we have under this 
morning business agreement?
  The PRESIDING OFFICER. All time in morning business has currently 
expired.

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