[Congressional Record (Bound Edition), Volume 160 (2014), Part 3]
[Senate]
[Page 4132]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         VICTIMS PROTECTION ACT

  Mr. McCAIN. Madam President, had I been here yesterday, I would have 
voted for S. 1917, the Victims Protection Act of 2014. This important 
bill would increase protections for victims of sexual assault in the 
Armed Forces, while retaining commanders' authority to convene courts 
martial.
  Every allegation, every anecdote, and every instance of sexual 
assault in our military is unacceptable. An important debate has been 
taking place in Congress and among our Armed Forces, and I am grateful 
that we aren't sitting idly by while this problem claims more victims 
and threatens the integrity and effectiveness of our Nation's military.
  We have heard from the victims, and we have recognized that change 
was needed to protect victims and hold perpetrators accountable. With 
that knowledge, Congress included over 30 reforms in last year's 
national defense authorization Act, NDAA, including removing the 
ability of commanders to overturn jury convictions; requiring review of 
decisions not to refer charges; criminalizing retaliation against 
victims; and providing special victims' counsel to victims of sexual 
assault to support and assist them through all proceedings.
  The Armed Forces have also instituted major reforms and worked hard 
to improve the reporting climate for victims. As a result, the Marine 
Corps, for example, has seen a large increase in sexual assault 
reporting since initiating a sexual assault prevention and response 
campaign last year.
  I supported the NDAA reforms as well as the measure the Senate passed 
yesterday. We should give these reforms the opportunity to work before 
enacting any change that would take the matter out of the chain of 
command. Some very strong voices agree.
  First, according to a congressionally mandated independent panel that 
examined the role of the commander reported definitively that it would 
be a mistake to remove the chain of command's authority to convene 
courts martial. That panel, called the Response Systems to Adult Sexual 
Assault Crimes Panel, also found that removing courts-martial authority 
would not reduce the incidence of sexual assault, increase reporting of 
sexual assaults, improve the quality of prosecutions, increase the 
conviction rate, increase confidence among victims about the fairness 
of the military justice system, or reduce concerns about potential 
retaliation.
  The independent panel also examined our allies' military justice 
systems in Israel, the UK, Australia, and Canada for comparison and 
concluded that none of the improvements they witnessed in the reporting 
of sexual assault in their militaries were connected to the role of the 
commander. The panel also found that there was no evidence that 
removing the commander from the decisionmaking process increased 
reporting of incidences of sexual assault.
  Second, Vice Admiral DeRenzi, Judge Advocate General in the U.S. 
Navy, has spoken eloquently about the issue and underscored the 
essential role of the commander in solving the problem in testimony 
before SASC and before the Response Systems Panel. I encourage everyone 
to read her full testimony before these panels. In addition to urging 
Congress to retain commanders' authority, it details major reforms 
implemented in the Navy in the past 3 years and demonstrates the Navy's 
commitment to eradicating sexual assault from their ranks. I would like 
to highlight some of her statements for the record.
  In her testimony, Admiral DeRenzi said:

       ``Beyond the immeasurable toll on individual victims, 
     sexual assault is an existential threat to our core values 
     and directly impacts operational readiness and unit cohesion. 
     This is rightfully recognized as a leadership issue, not 
     merely a legal issue. Exemplifying this commitment, the Navy 
     implemented a multi-faceted, commander driven approach to 
     address awareness and training, prevention, victim response, 
     and accountability.''
       ``Permanent, effective change must be implemented through 
     our commanders.''
       ``Additionally, any legislation must retain the commander's 
     authority over his or her Sailors. Commanders are responsible 
     and accountable for the safety, health and welfare of their 
     people; commanders must have authority commensurate with this 
     responsibility, and that includes the authority to maintain 
     good order and discipline.''

  My commitment to taking decisive action when necessary to ensure the 
security and success of our men and women in uniform had me support the 
reforms in the most recent NDAA and support Senator McCaskill's bill. 
Taken together, these reforms meaningfully will change how our Armed 
Forces address the scourge of military sexual assaults, but they do so 
in a way that recognizes the unique purpose of the Uniform Code of 
Military Justice and ensures that our commanders have the tools they 
need to facilitate that much needed, long-overdue change.

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