[Congressional Record (Bound Edition), Volume 159 (2013), Part 7]
[House]
[Pages 10426-10430]
[From the U.S. Government Publishing Office, www.gpo.gov]




INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF RETALIATORY PERSONNEL 
ACTIONS TAKEN IN RESPONSE TO MAKING PROTECTED COMMUNICATIONS REGARDING 
                             SEXUAL ASSAULT

  Mrs. WALORSKI. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 1864) to amend title 10, United States Code, to require 
an Inspector General investigation of allegations of retaliatory 
personnel actions taken in response to making protected communications 
regarding sexual assault.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1864

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF 
                   RETALIATORY PERSONNEL ACTIONS TAKEN IN RESPONSE 
                   TO MAKING PROTECTED COMMUNICATIONS REGARDING 
                   SEXUAL ASSAULT.

       Section 1034(c)(2)(A) of title 10, United States Code, is 
     amended by striking ``sexual harassment or'' and inserting 
     ``rape, sexual assault, or other sexual misconduct in 
     violation of sections 920 through 920c of this title 
     (articles 120 through 120c of the Uniform Code of Military 
     Justice), sexual harassment, or''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Indiana (Mrs. Walorski) and the gentlewoman from California (Ms. 
Loretta Sanchez) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Indiana.


                             General Leave

  Mrs. WALORSKI. Madam Speaker, I ask that all Members may have 5 
legislative days in which to revise and extend their remarks and insert 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Indiana?
  There was no objection.
  Mrs. WALORSKI. Madam Speaker, I yield myself such time as I may 
consume.
  Sexual assault in the military is maiming our troops. These aren't my 
words. They are the words of General Raymond Odierno, the Chief of 
Staff of the Army. He likened military sexual assault to other serious 
threats that our troops face downrange.
  The threat of sexual assault in the military is real. The wounds it 
inflicts on our servicemembers are also just as real.
  I introduced H.R. 1864 with my colleague and tireless advocate 
Congresswoman Loretta Sanchez. The bill on the floor today is the 
product of a lot of time and hard work.
  I remember sitting in the House Armed Services Committee hearing and 
becoming shocked as I learned firsthand about the widespread abuse at 
Lackland Air Force base. I remember thinking that our brave 
servicemembers deserve so much better and that those in charge deserve 
to be held accountable. After that hearing, I went to work.
  The bill we are debating today is a true bipartisan and bicameral 
reform that gets to the heart of this issue. It does so by addressing 
the challenges of sexual assault underreporting that has become too 
common in the military. The Pentagon estimates that there were 
approximately 26,000 victims of sexual assault last year. However, only 
roughly 3,600 victims actually filed reports.
  Many individuals don't come forward because they don't have 
confidence in the military justice system. Others don't come forward 
because they fear reprisal or they believe reporting another 
servicemember will negatively impact their own career. This lack of 
reporting, for whatever reason, demonstrates that we have a real 
problem.
  Before we can truly understand the scope of sexual assault in the 
military and how to best confront it, we have to find a way to 
encourage more victims to come forward. We have to find a way to 
empower the victims and restore their faith in the military justice 
system. That's what this bill does.
  H.R. 1864 strengthens existing military whistleblower protections and 
seeks to remove many of the fears and stigmas that deter reporting. The 
bill requires an inspector general investigation into suspected 
retaliation in response to allegations of sexual assault. This bill 
also seeks to help create an environment in the military where victims 
feel safe to come out of the darkness and to report these crimes of 
sexual violence.

                              {time}  1420

  It is reported that 62 percent of the servicemembers who experienced 
unwanted sexual contact felt as if they were being retaliated against 
in one form or another. This is completely unacceptable. Troops who 
have sacrificed so much for the cause of liberty should not be subject 
to reprisal after having just been subject to the emotional and 
physical pain of a sexual crime.
  H.R. 1864 is good policy, and the urgency of this issue demands that 
this Congress act today. Let's be a voice for the countless victims who 
have already come forward and for the countless more who are still 
unknown. Let's send a clear and resounding message to the Department of 
Defense and to those preying on our troops, which is that this type of 
behavior will no longer be tolerated.
  I ask my colleagues to do the right thing and join me in supporting 
this much-needed measure.
  I reserve the balance of my time.
  Ms. LORETTA SANCHEZ of California. Madam Speaker, I yield myself such 
time as I may consume.
  I rise in support of H.R. 1864, introduced by me and my good friend 
and colleague, Mrs. Walorski from Indiana.
  H.R. 1864 amends title X of the United States Code: to require an 
inspector general investigation of allegations of retaliatory personnel 
actions taken in response to making protected communications regarding 
sexual assault.
  As the lead Democratic sponsor of this measure, I support the effort 
to protect military whistleblowers against reprisal for disclosing 
violations of law, for sexual assault and other prohibitive sexual 
misconduct. As such, I am pleased that this bill was also put into the 
National Defense Authorization Act just about 10 days ago on this House 
floor.

[[Page 10427]]

  People have asked me: Why are you bringing this up as a stand-alone 
bill? My answer is that, last year, we finished and approved and got 
the NDAA signed on the 31st of December.
  This bill really cannot wait. We need it today in the military 
because the biggest problem we have with respect to sexual assault is 
that the victims--the people who are being harassed and assaulted--are 
being retaliated against in the workplace. We do need this. There is no 
room for misbehavior of any kind, which may hinder the readiness, the 
morale, and the safety of our units. I look forward to working with my 
colleagues to ensure the passage of this important language.
  Madam Speaker, I reserve the balance of my time.
  Mrs. WALORSKI. Madam Speaker, I yield 2 minutes to my friend and 
colleague, the chairman of the Subcommittee on Tactical Air and Land 
Forces, the gentleman from Ohio (Mr. Turner).
  Mr. TURNER. Madam Speaker, in 2008, Maria Lauterbach, a female marine 
from my community, stepped forward to report a sexual assault from 
another marine. She was subsequently viciously murdered by the accused. 
Her mother, Mary Lauterbach, took up the issue of sexual assault in the 
military, and I have worked with her since 2008 on legislative 
solutions and in trying to change the culture in the military.
  With that, I rise today in support of H.R. 1864, the work of 
Representative Sanchez and Representative Walorski, as part of that 
effort for us to change the culture and to provide the tools to victims 
in the military.
  The problem in the military with sexual assault is clear: victims 
feel revictimized by the system, and perpetrators feel safe. Our 
efforts legislatively are to change that dynamic in which perpetrators 
feel unsafe so that we can rise to the level of preventing sexual 
assaults and, of course, to rally around victims so they feel safe.
  Last year, I had the opportunity to attend a breakfast at the 
Commandant of the Marines' home to discuss the issue of sexual assault 
in the military. During that breakfast, a female marine, a lieutenant 
colonel, spoke up and admitted that if she were sexually assaulted that 
she would not report it. She said the cost in the military is just too 
high. No one should serve in the military and feel as if one who is 
subject to a crime is less secure if one steps forward and reports it, 
especially a crime as heinous as sexual assault.
  H.R. 1864 will strengthen military whistleblower protection laws by 
requiring that victims of sexual assault are protected from punishment 
or reprisal for reporting their attacks. Through the passage of this 
bipartisan legislation, introduced by Congresswomen Walorski and 
Sanchez, Congress has the opportunity to take the necessary step in 
providing victims with the confidence, assurance, and peace of mind 
that they cannot be threatened or punished for reporting a sexual 
assault.
  Recently, the Department of Defense indicated through a survey that 
62 percent of those who reported a sexual assault felt that they were 
punished in the workplace for doing so by both their superiors and 
their fellow coworkers. This bill will add that additional protection 
in which they can feel safe once they report the crimes and as they 
move forward through prosecution.
  I applaud Representatives Sanchez and Walorski for bringing this 
forward. Everyone should support H.R. 1864.
  Ms. LORETTA SANCHEZ of California. Madam Speaker, I yield 1\1/2\ 
minutes to the gentlelady from New Hampshire (Ms. Kuster), who has been 
working on this issue quite hard.
  Ms. KUSTER. Thank you, Representative Walorski and Representative 
Sanchez, for your friendship and for your leadership on this issue.
  Today, I am proud to join my colleagues in passing this bill to 
strengthen whistleblower protections for those who report sexual 
assaults in the military. This legislation will help ensure that sexual 
trauma survivors and others who step forward do not face reprisal for 
reporting these terrible crimes.
  I am especially proud that, of the 110 bipartisan cosponsors of this 
important reform, nearly 50 are members of the freshman class. I know 
that these new Representatives are committed to working across the 
aisle in making commonsense reforms and getting things done for the 
American people. This important legislation proves that Congress can 
work together to do the right thing for the American people, and what 
better issue is there to partner on than in strengthening protections 
for the men and women of our Armed Forces. This critical reform is a 
great step forward in further protecting our heroes in uniform who take 
the extra heroic step of coming forward to blow the whistle on military 
sexual crimes.
  It has been an honor to work with you all to help build support for 
this legislation. I urge my colleagues to support H.R. 1864 and to 
continue to work together to end sexual violence in the military.
  Mrs. WALORSKI. Madam Speaker, I yield 2 minutes to my friend and 
colleague, a member of the Committee on Armed Services, the gentlelady 
from South Dakota (Mrs. Noem).
  Mrs. NOEM. I thank the gentlelady for yielding.
  Madam Speaker, I would like to thank my colleagues for their hard 
work and leadership on this issue, and I am very proud to stand up in 
support of this legislation.
  The number is staggering--26,000. That's how many military members 
were sexually assaulted last year alone, and thousands more were 
unwilling to come forward.
  Research has shown that victims only report, roughly, 14 percent of 
all sexual assaults to law enforcement. Many who choose not to come 
forward may not have the confidence that they will actually receive 
justice. They may fear that reporting a fellow servicemember will 
result in threats or could negatively impact their careers. A recent 
DOD report showed that 62 percent of victims who reported sexual 
assaults faced some kind of retaliation. That's terrible.
  This legislation is going to provide safeguards and additional 
protections for victims. By requiring an inspector general 
investigation into any allegations of retaliatory personnel actions 
taken against victims, we are clearly stating that this behavior is 
unacceptable, that it is inexcusable and will no longer be tolerated.
  This legislation is part of a broader effort to do as much as we can 
to address the problem. For too long, lawmakers, military officials, 
and civilians have discussed the need to bring an end to sexual 
assault. This bill is another opportunity to put words into action and 
to take meaningful steps to address this growing problem. We have a 
responsibility to ensure adequate protections are in place, and we also 
have to provide physical and mental support for those victims as well 
as to insist on swift punishment for those who are responsible.
  I am proud that Members on both sides of the aisle have worked on 
this bill as well as on other measures that we have previously passed 
as part of the Defense Authorization Act. It is only the start of a 
process that will change the culture in the military. It will establish 
a safe environment for all individuals--for service men and women--but 
we have to continue to do all that we can to solve this problem.
  Ms. LORETTA SANCHEZ of California. Madam Speaker, I now yield 1 
minute to the ranking member on the House Armed Services Subcommittee 
on Military Personnel, the gentlelady from California (Mrs. Davis).

                              {time}  1430

  Mrs. DAVIS of California. Madam Speaker, I certainly want to thank my 
colleagues on both sides of the aisle because I think we've seen how 
people can come together on a serious issue like this that really does 
affect our national security.
  What's so important about this bill is I think it sends a message. It 
sends a message to perpetrators. But more than that, it sends a message 
to bystanders that responding to bad behavior is an important and 
critical thing to do. We can celebrate the good behavior, and I think 
this is also a way of

[[Page 10428]]

sending that message. But we're saying that bad behavior will not be 
tolerated. We see this not just in our Armed Forces, but we see it 
around the country, as well.
  Just recently, General Morrison of Australia had a very, I think, 
concise and strong message to his troops in saying that the standard 
that you walk past is the standard that you uphold. Let's uphold the 
highest standard. Retaliation drives people from not reporting sexual 
abuse and sexual crimes. We need it to be okay to report because if 
people are fearing for their career or fearing that somehow they're 
going to be so demoralized by reporting, that's not going to work.
  This is a good bill, and I applaud all my colleagues for supporting 
it.
  Mrs. WALORSKI. Madam Speaker, I yield 2 minutes to my friend and 
colleague, the gentlelady from Indiana (Mrs. Brooks).
  Mrs. BROOKS of Indiana. Madam Chair, I rise today in support of H.R. 
1864, a bill that bolsters existing military whistleblower protection 
laws to clarify that victims of criminal sexual crimes are protected 
from punishment for reporting those crimes. And I applaud my fellow 
Hoosier, Jackie Walorski, and the others from the Armed Services 
Committee in that this has been done in a bipartisan way.
  Just this past weekend as a former U.S. attorney and a new Member of 
Congress, I spoke to an Indiana statewide victim assistance academy, 
and I shared with them the shocking statistics that they weren't aware 
of--that 26,000 members that you've already heard about, members of our 
military, were assaulted in 2012. That is a 34 percent increase from 
2010. Only a fraction of these victims file reports, and their abusers 
remain in the military to assault again. Why? For the same reasons that 
victims in our civilian criminal justice system face: they are afraid. 
They face fear. And more than 60 percent of those victims in the 
military never do report and come forward. But these victims just 
aren't on our military bases, they come home and they live in our 
communities. They may be reserve officers, they may be in our National 
Guards, and they are active enlisted officers and personnel.
  Unless we stop this retaliation that these victims face, fewer and 
fewer assault victims will come forward and report, and more and more 
attackers will remain free to commit these crimes, and not just on our 
bases. These crimes often don't happen just once with one woman or, 
yes, one man. These will happen again and again if the assailant and 
the perpetrator is not brought to justice.
  If we want to end the epidemic of sexual assault in our military, we 
must ensure that these victims come forward to report their assault 
without fear that they will be victimized again by the institution, the 
military they've chosen to serve.
  I urge my colleagues to support this important legislation.
  Ms. LORETTA SANCHEZ of California. Madam Speaker, I inquire as to how 
much time remains on this side.
  The SPEAKER pro tempore. The gentlewoman from California has 15\1/2\ 
minutes remaining, and the gentlewoman from Indiana has 10\1/2\ minutes 
remaining.
  Ms. LORETTA SANCHEZ of California. Madam Speaker, I reserve the 
balance of my time as I have no more speakers.
  Mrs. WALORSKI. Madam Speaker, I yield 3 minutes to my freshman friend 
and colleague, the gentleman from Illinois (Mr. Rodney Davis).
  Mr. RODNEY DAVIS of Illinois. Madam Speaker, I rise today in support 
of H.R. 1864. This legislation addresses a serious problem in our 
military--sexual assault.
  Today's legislation is absolutely critical for creating an 
environment where victims feel comfortable enough to report crimes of 
sexual violence. I'm proud to be a cosponsor of this important piece of 
legislation. With reports of 26,000 instances of unwanted sexual 
contact, we must continue to address this unacceptable culture within 
our military. The lack of reporting in instances of sexual assault is 
alarming to say the least.
  The Department of Defense estimates that only 14 percent of victims 
of sexual abuse actually report assaults. Today I am voting to end this 
culture. I'm voting to encourage a reporting of sexual assault in an 
environment where our soldiers will not fear for loss of their job.
  My good friend and my colleague Congresswoman Walorski's bill 
provides protections against retaliation for those that report 
instances of sexual abuse. Because of her bill, an investigation must 
be launched in response to any retaliatory action taken against someone 
that reports an instance of sexual abuse. As a Nation, we have made 
great strides with women in the military. We need to build upon our 
efforts to ensure that these women are in an environment where they can 
feel safe.
  I have a daughter who is 2 years away from being eligible to serve 
our country in the military. I would like to know if she chose to serve 
our country that she would not be entering the type of culture that 
currently exists.
  I support this bill for all of the fathers like me and mothers and 
wives and kids who send their loved ones to serve in our great military 
in this great Nation. We owe those men and women in uniform who 
sacrifice so much for this country a culture of respect and security.
  I know I will be thinking of those victims as I vote today, and for 
all those that felt their career would be hurt if they were to actually 
report an instance of sexual assault.
  I want to thank again my friend, my colleague, Congresswoman 
Walorski, for allowing me the time to speak and for her leadership on 
this very important issue.
  I strongly support this bill and urge my colleagues to vote ``yes'' 
on H.R. 1864, providing protections to those who report sexual assault 
in the military.
  Ms. LORETTA SANCHEZ of California. Madam Speaker, I continue to 
reserve the balance of my time.
  Mrs. WALORSKI. Madam Speaker, I yield 3\1/2\ minutes to my friend and 
colleague, the gentlelady from Missouri (Mrs. Wagner).
  Mrs. WAGNER. I thank the gentlewoman from Indiana for yielding and 
for her leadership on this particular issue, and for the wonderful 
bipartisan support that we've all shown here today.
  Madam Speaker, I rise today in support of this legislation that would 
create a safe reporting environment for military sexual assault victims 
and would demand accountability from our military leaders.
  As a mother with a son currently serving in the 101st Airborne, I 
know all too well the many hardships and sacrifices that our military 
men and women face while protecting our country. Every precious moment 
I have to be able to call or Skype with my son, I am constantly 
reminded of all of the things that are on his and every other soldier's 
mind as they are keeping our country safe so that the rest of us can 
have peace of mind back here at home.
  Every servicemember from the Army, Navy, Air Force, Marines and Coast 
Guard bears such a heavy burden to which we all owe our utmost 
gratitude, and it infuriates me to think that for many of these young 
men and women, the situation of sexual assault is one of the things 
they must deal with as they are preparing themselves to face the enemy.
  So it is with incredible sadness and frustration that I come before 
you all today to speak on the increasing incidence of sexual assault in 
our military and how very few of those cases end up being reported. For 
many victims of sexual assault, the fear of retaliation by other 
members of the military prevents them from reporting these crimes, and 
as a result, they must bear the burden of their emotional and physical 
pain alone and in silence.
  I stand here today to say that our servicemembers who sacrifice so 
much for the cause of liberty and put themselves in the line of duty 
should have absolutely no worries about their own liberties and whether 
they will face retaliation for reporting reprehensible and abusive 
crimes committed against them.

[[Page 10429]]



                              {time}  1440

  This legislation would hold the responsible individuals accountable 
for their actions and would require an inspector general investigation 
into allegations of retaliatory actions taken against victims who have 
reported alleged instances of rape, sexual assault, and other forms of 
sexual misconduct in the military. Existing law already provides these 
whistleblower protections for a member of the Armed Forces who reports 
sexual harassment. And by extending these protections to reporting of 
more serious crimes of sexual assault, it is not only just common 
sense, it is simply the right thing to do. And it needs to be done now.
  By doing nothing, we are implicitly allowing the continuation of this 
deplorable behavior and allowing those who have committed these crimes 
to go unpunished. Not addressing sexual assault in our military 
threatens to erode our Armed Forces from within and gives people 
considering enlisting, along with their families, even more to worry 
about as they consider the great responsibility of serving our country.
  I am so proud of my son and the rest of our Armed Forces, and I will 
do everything to protect the integrity and the reputation of our 
military. This legislation is the first step we can take in fixing this 
problem and shows that we take these allegations very seriously.
  Madam Speaker, I urge all of my colleagues to vote in favor of this 
bipartisan bill that will help protect our servicemembers as they 
protect us.
  Mrs. WALORSKI. Madam Speaker, I yield 2 minutes to my good friend and 
colleague, the gentlelady from Tennessee (Mrs. Blackburn).
  Mrs. BLACKBURN. Madam Speaker, I want to express my gratitude to the 
gentlewoman from Indiana (Mrs. Walorski) for the leadership she has 
brought to this issue, and for the bipartisan manner in which she and 
Ranking Member Sanchez have approached this issue to bring together a 
bill which we can focus on, we can agree on, and we can pass to address 
a problem that does need our attention and our best efforts.
  We have heard about the 26,000 estimated sexual assaults that are 
taking place in our military each year. Now, as we look at those 
numbers, we have to look at the number that are reported--3,374. That 
is the number of reports--3,374. More stunning is the number of 
convictions--238 convictions. That is what we have learned from this 
DOD report. As we've heard, the reason given for the lack of reporting 
is because so many fear retaliation and the fact that it would 
negatively impact their career. Sixty-two percent--62 percent--give 
that as their reason.
  I think the scope of the problem is much larger than we know at this 
point in time, and here is an example. On May 15, police arrested Fort 
Campbell's sexual harassment prevention manager on charges involving 
stalking his ex-wife. That's important to me and my district because 
Fort Campbell is in my district. Now, if you can't turn to the people 
who are there to protect, who are you going to go to when you have one 
of these situations?
  As a woman and as a strong supporter of our Nation's military, I find 
it absolutely appalling that any woman who has been the victim of crime 
should have to fear reporting her perpetrator for fear of retaliation.
  Again, Madam Speaker, I want to thank the two Members who have worked 
so diligently on this, Mrs. Walorski and Ms. Sanchez.
  Ms. LORETTA SANCHEZ of California. Madam Speaker, may I inquire how 
many speakers are left on the other side?
  Mrs. WALORSKI. I'm prepared to close.
  Ms. LORETTA SANCHEZ of California. Madam Speaker, I yield myself the 
balance of my time to close.
  Madam Speaker, the United States military is an institution comprised 
of men and women who have dedicated their lives to not only defending 
this country but also upholding the values of this Nation--the values 
of this Nation. The values of this Nation say that if you go into the 
workplace, you should be treated equally, you should be treated with 
respect. And when we have sexual harassment and sexual assault 
happening in the workplace, in particular in our military, and when we 
have someone report and say, Hey, this is happening, and then they are 
retaliated against either because coworkers are afraid to be around 
them or because higher-ups make an example of them in some way, we have 
to say enough is enough.
  I think the time to pass this bill is now, and I want to thank the 
gentlelady, the Hoosier across the way, for working in such a 
bipartisan manner to get this done. I know there are so many in the 
Congress who feel very strongly that the sooner we protect the 
workplace, the better off this Nation is.
  With that, I yield back the balance of my time.
  Mrs. WALORSKI. Madam Speaker, I yield myself the balance of my time.
  In closing, I would like to say that H.R. 1864 is a long overdue 
solution. It's the place to start, a foundation on which to build.
  I'm grateful to my colleague, Loretta Sanchez, for partnering with 
me, for her multiyear commitment to this issue. We worked closely with 
the HASC staff and the Department of Defense to craft this legislation. 
The bill was included along with many other good provisions addressing 
military sexual assault in the House-passed NDAA a few weeks ago. With 
over 110 bipartisan cosponsors, the House has shown that it can come 
together on serious issues and get things done.
  Senator Klobuchar has also introduced companion legislation in the 
Senate. Too many victims have already suffered. These assaults are 
happening every day. There's no reason to wait even longer for the NDAA 
to become law when we have a solution today.
  Congress must act with a sense of urgency to approve thoughtful 
reforms combating sexual assault in the military. I'm hopeful that this 
measure passes, the Senate quickly takes it up, and we can send it to 
the President for his signature. I'm asking my colleagues to act today 
and pass this bill.
  I yield back the balance of my time.
  Mr. GINGREY of Georgia. Mr. Speaker, I rise today in support of H.R. 
1864, which addresses sexual assault in our armed forces. This bill 
amends the Military Whistleblower Protection Act to strengthen 
protections for those reporting rape or sexual assault.
  Enacting this legislation is a critical step towards combating rape 
and sexual assault in the military for two reasons.
  It will immediately require an investigation into allegations of 
whistleblower retaliation in an attempt to encourage victims to come 
forward. It also seeks to help remove some of the fears and stigmas 
associated with reporting sexual assault.
  In the long term, it is part of a cultural change in how the military 
addresses sex crimes. Sexual assault will not be tolerated, 
perpetrators will be punished, and victims will not be ignored or 
harassed.
  Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 1864. I stand 
today in support of women. I stand today in support of the armed 
forces, and in support of veterans, both male and female, all 
throughout this great country. As our armed forces fight everyday to 
protect us, serve us, and guarantee our safety, it is, in turn, our 
duty to do all that we can to protect them.
  That is why I stand in support of H.R. 1864, and implore my 
colleagues to do the same. This bill not only ensures protection for 
whistle blowers and deters retaliation from complaints, but it also 
serves as an important step in guaranteeing the safety of those who 
protect us.
  The Pentagon reported this spring that an estimated 26,000 troops 
experienced sexual assault last year. This number is an estimate 
because only 3,374 of the assaults were reported. Out of 26,000 
assaults, only 3,000 were reported. That means that about 89% of all 
assaults went unreported. And that's only half the battle. Out of the 
more than 3,000 assaults reported, less than 10% of the suspects 
involved were convicted. Further, a report publicized by the San 
Antonio Express-News, detailed an investigation in May that found that 
half of the convicted offenders were allowed to stay in the military. 
This is outrageous. It is proof of a broken system, one that is doing 
our service women a complete disservice. It is a compound injury; 
beginning with assault, ending with underreporting.
  Some of my colleagues on the other side of the aisle seem to be 
missing the point. Senator McCain would discourage women from

[[Page 10430]]

enlisting until the military can clean up its act. Senator Chambliss 
attributes the problem to natural hormone levels in males, saying 
during a Senate Armed Services Committee hearing on sexual assaults in 
the military that: ``The young folks that are coming into each of your 
services are anywhere from 17 to 22-23. Gee whiz--the hormone level 
created by nature sets in place the possibility for these types of 
things to occur.''
  This is not just a classic case of ``boys will be boys'' as Senator 
Chambliss suggests, this goes beyond a ``hook-up mentality'', and 
discouraging women from joining the armed forces is NOT the answer, as 
Senator McCain would suggest. The system is broken. And our service 
women are suffering as a result. This is a structural problem, and as 
such, requires a structural solution. By approving H.R. 1864, we begin 
to change the structure of the legal processes surrounding sexual 
assault.
  The number of sexual assault victims in the military is intolerable, 
as is the rate of underreporting. Victims lack confidence in the 
military justice system, with good reason, and do not come forward 
because they fear that reporting a fellow service member will result in 
negative unintended consequences. This legislation strengthens existing 
protections and ensures victims do not suffer reprisal for reporting 
acts of sexual assault. It is important that we create the proper 
avenues for victims of sexual assault to avoid re-victimization through 
the legal process. This is the very least we can do for the service men 
and women who serve us 24/7,365.
  I urge all members of the House to join me in voting to protect our 
protectors by voting ``aye'' on H.R. 1864.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Indiana (Mrs. Walorski) that the House suspend the 
rules and pass the bill, H.R. 1864.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. WALORSKI. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________