[Congressional Record (Bound Edition), Volume 163 (2017), Part 5]
[House]
[Pages 6359-6365]
[From the U.S. Government Publishing Office, www.gpo.gov]




      RAISING AWARENESS OF MARINES UNITED OFFENSIVE FACEBOOK PAGE

  The SPEAKER pro tempore (Mr. Marshall). Under the Speaker's announced 
policy of January 3, 2017, the gentlewoman from Florida (Ms. Frankel) 
is recognized for 60 minutes as the designee of the minority leader.


                             GENERAL LEAVE

  Ms. FRANKEL of Florida. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the topic of my Special 
Order.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Ms. FRANKEL of Florida. Mr. Speaker, the women of the Democratic 
Women's Working Group are here today with other Members that we have 
invited to raise awareness about the offensive Marines United Facebook 
page and others like it.
  On these pages, male marines posted nude or intimate photos of female 
servicemembers and veterans without their consent. This affected 
hundreds of women, with an audience of an estimated 30,000 marines with 
access to the Facebook page.
  The Democratic women recently held a hearing on this alarming 
situation which, incidentally, began less than a month after the first 
Marine infantry unit was assigned women, and that was January 5.
  At our hearing, we heard testimony from advocates for servicemembers, 
a former marine, and a journalist who covered this issue extensively, 
and most importantly, we heard from Erika Butner and Marisa Woytek, two 
brave, resilient marines.
  Marisa is a current lance corporal. She proudly followed in her 
father's footsteps, and she joined the Marines because, as she stated, 
she wanted to be part of something bigger than herself.
  Erika enlisted in the Marines for many of the same reasons in 2011, 
fully aware that she could be deployed to a combat zone. A lifelong 
patriot, she was ready, and willing to take that chance. But in her own 
words--little did she know that the ``war she would fight would be 
among her very own brothers in arms.''
  At our hearing, the women described harassment and exploitation at 
the hands of their Marine brothers, and, quite frankly, it made us feel 
sick to our stomachs.
  Their male counterparts put up Erika's and Marisa's photographs and 
made lewd and derogatory comments--asking other men to vote on whether 
they would ``smash or pass'' on these women, meaning would they have 
sexual relations with them.
  The women were threatened with rape and violence, with Facebook posts 
like: ``We should throw marines into a tub of acid and rip-off their 
eyelashes.''
  Sadly and shockingly, Marisa and Erika were not alone. Thousands and 
thousands of photos of women were shared on these Facebook pages.
  I want to say to Marisa and Erika and all of these women: We share 
your anger and your hurt, and we are so grateful to you for coming 
forward with your stories.
  I am a mother of a United States Marine veteran who served in both 
Afghanistan and Iraq--a proud mother--and I understand the selfless 
sacrifice a marine makes when he or she puts on their uniform. So I am 
outraged, as are my colleagues whom you will hear from today, that so 
many brave marines were subjected to this kind of harassment and 
exploitation while willing to sacrifice for our country. It is not only 
personally degrading to courageous patriots, it hurts the effectiveness 
of our military and the ability to recruit women.
  So today's Special Order is another opportunity to amplify the voices 
of Marisa and Erika and to send a message that we stand with them and 
we will fight for their honor.
  I want to thank Congresswoman Jackie Speier and Congresswoman Martha 
McSally, who I hope will be here with us today. They are actually, very 
sadly, at another hearing where the topic is sexual harassment in our 
military academies.
  After our hearing, they went on and they introduced a bill to make it 
illegal for military members to share photos without consent. This is a 
bipartisan effort. I am proud to be a cosponsor, as are many of my 
colleagues, again, whom you will hear from in a few minutes; and we owe 
it to Erika and Marisa and all of the other women that have been 
subjected to this abuse to pass this legislation and to work together 
to change the culture of disrespect that allowed it to happen.
  Now, Mr. Speaker, I yield to the gentlewoman from California (Ms. 
Lee), a great leader in this Congress, a member of our Appropriations 
and Budget Committees and Subcommittee on Military Construction, 
Veterans Affairs, and Related Agencies.
  Representative Lee, we are pleased that you are with us tonight.
  Ms. LEE. Mr. Speaker, let me thank Congresswoman Frankel for being 
such an exemplary chair, and also our vice chair, Brenda Lawrence. You 
have put together quite a team and really are raising the issues that 
really don't get raised oftentimes on behalf of our women.
  Also, to Congresswoman Jackie Speier, who I believe is in a hearing 
right now dealing with this very, very important issue, I want to thank 
her and all of our women in the Democratic Women's Working Group for 
organizing this very important Special Order to address the 
nonconsensual sharing of sexual images in the United States military.
  I just have to say a couple of things.
  First of all, as a member of the Military Construction, Veterans 
Affairs, and Related Agencies Subcommittee and as a woman, I am 
appalled by the sharing of these private photos. It is really 
disgraceful. It is disgraceful that our military continues to uphold a 
culture of sexual harassment and disrespect toward women 
servicemembers.
  Now, let me be clear. The attitudes towards women exposed by websites 
like the Facebook group Marines United are troubling and dangerous. Not 
only do such actions threaten our mission, they strip our brave 
servicemembers who are women of their dignity. No woman should have her 
private photos exposed on the internet, especially not by her fellow 
servicemembers.
  I was pleased to see the recent Navy and Marine Corps decisions to 
make the distribution of intimate photos a criminal offense. That is a 
good thing. We really must do more.
  Now, when questioning members of the Army, Air Force, Navy, and 
Marines at a subcommittee hearing, it became clear to me, based on 
their responses, that the culture of the military must change.
  Members of the Democratic Women's Working Group continue to try to 
help change this culture and are committed to ensuring that that type 
of activity is prohibited in all branches of our military. That is why 
I am pleased to cosponsor Congresswomen Speier's and McSally's bill, 
H.R. 2052, the PRIVATE Act, which is a bipartisan bill that would make 
it illegal within the Uniform Code of Military Justice to distribute 
intimate images of a person if that person had a reasonable expectation 
of privacy.
  Now, let me be clear. The Department of Defense must expand its 
efforts to foster a culture of dignity and respect that the military 
service demands. And, Congresswoman Frankel, I just have to mention a 
conversation I overheard.
  I was on a plane flying from point A to point B, and there were two 
marines sitting next to me, and they were talking very loudly to each 
other.

                              {time}  1800

  That entire time that we were on the flight, their conversation was 
about degrading women who were serving with them in the military. It 
was quite shocking. This was just their conversation in the normal 
course of conversation on an airplane. I was, quite frankly, shocked 
and disgusted.
  Today's report from the Pentagon shows promising progress, though. 
Sexual assaults are on the decline, and servicemembers are now more 
likely to report attacks. But the data also reveals that two-thirds of 
women who do

[[Page 6360]]

report assaults face backlash in their unit. It comes as no surprise, 
then, that many victims choose to suffer in silence. That should not 
be.
  We know that tech firms like Facebook have a role to play in helping 
address this kind of unacceptable behavior. Facebook's recent 
announcement to help prevent nonconsensual pornography is a huge 
advancement in combatting this epidemic--and that is what it is, an 
epidemic--and addressing these heinous acts.
  While the new feature takes down images that are reported, this 
depends on users being vigilant and submitting reports. Too often 
people do not report such behavior. We must be clear that we do not 
condone this type of behavior and ensure that those with the courage to 
speak up do not face retaliation.
  I want to make it clear. Exploiting sexual images of fellow 
servicemembers online is unacceptable, and it should be a crime. Rest 
assured, as a woman, as a mother, grandmother, daughter of a veteran, 
and a member of the Military Construction and Veterans Affairs 
Appropriations Subcommittee, I will work day and night to address the 
threats to our country and to our women servicemembers. Women in the 
military are critical to our national security. They should have a safe 
workplace free from sexual assault and harassment and intimidation.
  Mr. Speaker, I thank Congresswoman Frankel and Congresswoman Brenda 
Lawrence and also Congresswoman Speier for their leadership and for 
keeping this issue alive and for making sure the public understands 
that there are Members of Congress who have said: enough is enough.
  Ms. FRANKEL of Florida. Very well said, Representative Lee. Mr. 
Speaker, I thank Ms. Lee for her excellent service and advocacy.
  Mr. Speaker, I am pleased to yield the floor to the gentlewoman from 
the State of Michigan (Mrs. Lawrence), my co-chair and our vice chair 
of the Women's Working Group, a very illustrious Member, and she serves 
on the Transportation and Oversight Committees.
  Mrs. LAWRENCE. Mr. Speaker, I thank Congresswoman Frankel for her 
leadership on the Women's Caucus. The Women's Caucus is a bipartisan 
women's committee. I was honored when I was given the opportunity to 
serve on this committee because I know for a fact in America, for all 
of the strides and accomplishments that we have had as women, that we 
still have so many issues and challenges that we must address.
  Whenever there is an issue that disrespects or an issue that is a 
barrier for a woman, it is incumbent upon us to step up and to speak 
out because silence or turning our head is condoning the behavior.
  Now, we stand here today as women, but there will be men joining us 
and have joined us because the behavior that we have learned about in 
the Marines, one of our military branches, is unacceptable.
  Mr. Speaker, I rise today to address the issue of nonconsensual 
activities in the U.S. military. It has been revealed that 
nonconsensual nude photos of servicemembers were posted to social 
media, and it was even enhanced by disturbing comments that were 
unacceptable and really disrespectful.
  This offensive behavior strikes at the very heart of the Marines. The 
Marines, who we trust and admire and know that they go out and serve 
this country in so many ways, and we have such honor and respect for 
them--but this behavior, Mr. Speaker, undermines the trust and the 
confidence that the marines have in each other. The Marines stand up 
and, as a team and as a body and as a military, take a code that they 
will protect each other, and it compromises the respect that the 
American people have for our military.
  Our servicemembers must have the confidence that their brothers and 
their sisters in uniform always have each other's back. There is simply 
no room in the military or in our society for behavior that humiliates 
and degrades women servicemembers. Women who are in the Marines have 
earned the respect of their brothers and sisters, and they deserve the 
trust. Many victims, just like in the civilian workforce, are afraid to 
report the assault. We want to encourage them to file their complaints.
  I had, at one time, served my country as an EEO investigator in the 
private sector. As an equal employment opportunity investigator and 
having cases of sexual harassment, I would sit in a private counseling 
session with a victim as she relived it to tell me what happened and 
how so often they struggle with: Should I tell someone? I am 
embarrassed. Maybe I should have done more. Or why did I accept it?
  And then some will say: I will just quit. I just don't want to go 
through the humiliation of telling my story. Because when you file a 
complaint, for it to be processed, it becomes public.
  I want to say to every woman that if you really understand how 
inappropriate, how much you do not deserve to be treated that way, and 
you want to make sure that no other woman ever is treated that way, I 
want you to know that we as Congress will stand with you to support 
your right to report it, to make sure we hold those accountable who did 
it.
  I want to say to everybody that I stand here today as a Member of 
Congress and as a Member of the Women's Caucus to say that you have 
support.
  In 2015, the latest year for which military assault data is 
available, more than 6,000 sexual assault cases were reported. Only 10 
percent of men report their sexual assaults in the military. Only 40 
percent of women do the same.
  Sexual assault is wrong, whether it is for a man or a woman. 
According to the Human Rights Watch report released in 2015, the rate 
of retaliation for reporting a sexual assault in the military is 12 
times higher than the rate of report resulting in a conviction for the 
predator. We understand the problem, and we want to be a part of the 
solution.
  Mr. Speaker, I will close with this. We stand here today knowing that 
we have a problem. But I am confident in my belief and trust in our 
military, and I am confident that the women and men in this Congress 
will stand together and we will fix this problem so we can continue to 
have our military brothers and sisters serve together without being 
attacked by their own.
  Ms FRANKEL of Florida. Mr. Speaker, I want to thank Representative 
Lawrence for her excellent advocacy today.
  Mr. Speaker, I now want to yield the floor to the gentlewoman from 
New Hampshire (Ms. Kuster), my very good friend. She is the ranking 
member on the Veterans Subcommittee on Oversight and Investigations, 
and chair of the bipartisan Task Force to End Sexual Violence.
  Ms. KUSTER of New Hampshire. Mr. Speaker, I am pleased to be here 
tonight for this Special Order on the Marines photo sharing scandal.
  I am pleased to be with you but disturbed about the underlying 
incident. I don't think there is anyone in this country who is watching 
this evening who doesn't share our sentiment. This is shocking. It is 
disturbing. And most importantly, it is degrading to the women in the 
Marines.
  I have to just imagine what it would take to become a marine and to 
be a woman in the Marine Corps. The training, the dedication, the 
commitment that these people have set their lives toward serving our 
country.
  I am very pleased to join my colleagues today to express my 
disappointment and, indeed, outrage at the conduct of literally 
thousands of marines who violated the standards of the Marine Corps and 
displayed dishonorable conduct and terrible judgment by distributing 
sexually explicit photos of Active-Duty and veteran women marines 
online.
  The behavior on the Facebook page Marines United is wholly 
unacceptable and is not only morally repugnant but undermines the 
safety, the security of female marines and, indeed, our national 
security.
  Women marines were, in some cases, identified by name, rank, and 
location. These women who are bravely serving our Nation in uniform 
were put at risk of blackmail, of violence to themselves, or worse. 
This cannot and will

[[Page 6361]]

not be tolerated by the United States Congress, by the leadership of 
the Marines, and by Americans across this country.
  The Marines represent the greatest fighting force in the history of 
the world, and actions like this cannot be allowed to undermine their 
effectiveness and unit cohesion. As the founder of the bipartisan Task 
Force to End Sexual Violence, I join my colleagues from both sides of 
the aisle to understand the persistent challenges that the culture of 
sexual violence poses on school campuses, in the workplace, online, in 
the military, and throughout our society.
  We are beginning to change the conversation around sexual violence 
and intimidation, but there is much more work to be done. I strongly 
support the bipartisan legislative action to back up the cultural 
change that we know is starting to take place.
  The PRIVATE Act, led by Representative Martha McSally, would amend 
the Uniform Code of Military Justice to ensure that the type of 
explicit sharing that was seen in the Marines United scandal is 
expressly prohibited.
  Mr. Speaker, I want to particularly thank Representative McSally and 
our Democratic colleague Representative Jackie Speier for their 
leadership on the Armed Services Committee in protecting the interests 
of women in our military.
  I know that leadership within the Marines and the Armed Forces is 
taking the issue of sexual harassment and sexual violence very 
seriously, and I appreciate their commitment to improving safety for 
all our servicemembers, regardless of gender. This is an issue that 
transcends politics. I have been encouraged by the bipartisan support 
that this issue has received.
  I look forward to continuing to work with my colleagues to end sexual 
violence and intimidation in the military and, indeed, throughout our 
society.
  Mr. Speaker, I want to just take a moment to share with you the 
testimony of Lance Corporal Marisa Woytek, as indicated by our leader 
today, Representative Lois Frankel. She quoted some of the testimony, 
and I wanted to share a few other parts with you.
  These are two marines who came and spoke to our bipartisan Women's 
Caucus, and they described what had happened to them; that these 
personal explicit pictures had been shared on the internet, that their 
names, their rank, their duty station, had all been shared without 
their consent.

                              {time}  1815

  I want to talk to you about the backlash since they had the courage 
to speak out, because as we investigate further in the Bipartisan Task 
Force to End Sexual Violence--whether it is in high schools, whether it 
is on college campuses, whether it is in the military--when someone has 
the courage to identify the harassment, sexual assault, intimidation, 
there is an incredible backlash on social media.
  She writes:
  ``Within the past 24 hours alone, I have had former Marines harass me 
online, and say and state that they actively look for sexually explicit 
pictures of me. One of the former Marines who has been harassing me has 
also been a predator to many women online denigrating women in Marines 
United, and has even gone as far as saying he would throw an Active 
Duty female Marine `into a barrel of acid.'''
  These are our best and brightest. These are the people that we rely 
upon to keep our country safe, to uphold the dignity of our values 
overseas.
  She continues:
  ``Another Marine stated to me directly that he was `passing my info 
around to Marines, so far the rough estimate is 3,000. Good luck ever 
being able to show your face again.'''
  This is a woman who has trained, who has dedicated her life, and 
whose family is proud to call her a marine. And I, as a Member of 
Congress, am proud to call her a marine. She does not deserve this in 
the workplace.
  One last quote:
  ``Another former Marine asked `Who has this bitch's pictures, I want 
to blast them all over.'''
  I have to ask my colleagues for a bit of personal privilege to even 
use that word on the floor of the House of Representatives. That is not 
a word that should ever be used for a marine in the United States 
Marine Corps.
  So I think you can tell this is deeply troubling to us as Members of 
Congress, deeply troubling--it should be--to the leadership of the 
Marine Corps, all the way up to and including our Commander in Chief. 
This is simply unacceptable.
  As members of the Bipartisan Task Force to End Sexual Violence, as 
members of the bipartisan Women's Caucus, as Members of the United 
States House of Representatives, we will not let it stand.
  Mr. Speaker, I include in the Record testimony of a female marine.

               Testimony of Lance Corporal Marisa Woytek

       My name is Marisa Woytek. I am a Lance Corporal in the 
     United States Marine Corps. I enlisted, like many of my 
     brothers and sisters because I wanted to be part of something 
     bigger than myself. I joined to follow in my fathers' foot 
     steps who served honorably in the Marine Corps.
       Over the past few years of being active duty, I've 
     experienced the amazing things the Marine Corps has to offer. 
     I experienced, brotherhood and sisterhood, I experienced 
     comradery, and I have many fond memories that I will carry 
     with me until the day I die. But with the good, comes the 
     bad. Since my first few weeks in the Marine Corps outside of 
     boot camp, I have seen on numerous occasions the denigration 
     of Marines, especially female Marines by fellow Marines. Some 
     active duty and some former Marines have been posting picture 
     women for the so called game of ``Smash or Pass'', and some 
     have included personal and explicit pictures including these 
     women's names, ranks, and duty station without their consent.
       Since speaking out, I've received backlash on social media. 
     Within the past 24 hours alone, I have had former Marines 
     harass me online, and say and state that they actively look 
     for sexually explicit pictures of me. One of the former 
     Marines who has been harassing me has also been a predator to 
     many women online denigrating women in Marines United, and 
     has even gone as far as saying he would throw an active duty 
     female Marine ``into a barrel of acid''. Another Marine 
     stated to me directly that he was ``passing my info around to 
     Marines, so far the rough estimate is 3,000. Good luck ever 
     being able to show your face again''. Another former Marine 
     asked ``Who has this bitch's pictures, I want to blast them 
     all over''.
       My brothers and sisters are why I am here today. The 
     majority of Marines are intelligent, well rounded, and 
     respectful people. Those Marines are who the world should be 
     praising. The disgusting actions of a few do not define an 
     entire branch. We must remember that the Marine Corps is an 
     institution that prides itself in honor, courage, and 
     commitment. Most Marines practice these values everyday, and 
     those who do not bring dishonor to themselves and to the 
     United States Marine Corps.

  Ms. FRANKEL of Florida. Mr. Speaker, I thank Representative Kuster 
for that forceful advocacy.
  Mr. Speaker, I yield to the gentlewoman from Texas (Ms. Jackson Lee), 
one of our greatest fighters for human rights, for women's rights; the 
ranking member of the Judiciary Committee's Subcommittee on Crime, 
Terrorism, Homeland Security, and Investigations.
  Ms. JACKSON LEE. Mr. Speaker, I thank Congresswoman Frankel, our 
chair, our leader, and all of my colleagues that appeared today. What a 
powerful force of women who are standing by our Marines.
  Now, let me be very clear: All of our men and women in the United 
States Marines have earned and deserve our respect and trust. All of 
the women in the United States Marines deserve our trust and our 
respect.
  So it saddens me today to have to rise and bring to the attention of 
so many this unbelievable abuse of the men and women--men because their 
reputation is tarnished, through no fault of their own, who are not 
affiliated with Marines United; and women who feel that their service 
to this Nation has been denigrated.
  Let me cite for you the words of 23-year-old Erika Butner:
  ``As a Marine Corps veteran, I am disheartened and disgusted with 
this scandal.''
  Victim blaming and the excuse that some are giving that boys will be 
boys needs to stop.
  Butner says she first heard of the group in August when a friend of 
hers was posted to the page without her

[[Page 6362]]

consent. In January, she notified the Naval Criminal Investigative 
Service and Google about a shared drive posted to the group that 
contained naked photos of more than two dozen servicemembers. Comments 
posted to the group described the victims graphically and, in some 
cases, advocating that they be raped or sexually assaulted. Names, 
ranks, and duty stations of the victims were also shared. The Marines 
United page has been taken down, but there are supposed to be some 
30,000 users of that site.
  Can you imagine that this is my story for America: that young women 
marines who put on the uniform and, therefore, are willing to lay down 
their life and bleed for this Nation and die will be subjected to this?
  So I join my colleagues in standing against it, and I ask my friends 
in the United States Marines--and I have many. I have staff persons who 
have been members of the Marines and a wounded warrior on my staff 
right now who loves his Marines. But enough is enough. We will not 
tolerate the objectification of women, we will not tolerate the 
nonconsensual pornography, and we will not live with sexual assault.
  That is why, for starters, I am proud to be a cosponsor of 
Congresswoman Speiers' resolution for claiming April as Sexual Assault 
Awareness and Prevention Month. Also, I am very pleased of the privacy 
bill that is being put forward to never have this occur again. Every 98 
seconds another American is sexually assaulted, and there are an 
average of 321,500 victims per year.
  So this ties very clearly into what these United States Marines, who 
happen to be women, are facing. This is a horrendous reality for women 
here in the United States, but it is a reality for women in uniform who 
are defending our freedom abroad. That is what I want to focus on as I 
complete my remarks.
  These female marines go to faraway places and are in the battlefront 
and the battle lines, standing alongside with their male counterparts. 
They are expected to go through basic training without any waivers. 
They are expected to carry that gun without any waivers. They are 
expected to wear that uniform in dignity without any waivers.
  Nude photographs of female marines and veterans across the military 
were shared on Marines United, and those photographs showed women in 
various stages of undress, and they were grossly obscene. Some posts on 
Marines United suggested sexually assaulting women marines and that 
women did not belong in the United States military or this particular 
branch.
  Once again, these photos were posted without the knowledge and the 
consent of the women whose photos were posted. This conduct, as I said, 
is unacceptable.
  The Marines Corps' creed of good order and discipline is being 
undermined when it cannot police Marines who use social media to 
promote anti-Semitism, sexism, and racism. These messages of hate are 
oppressive and demean human dignity.
  Let me close by saluting our United States Marines because I do know 
that they have decades and centuries of laying their lives down. That 
is not the issue here as I stand before you today.
  What the issue is, of course, is that United States Marines deserve 
the dignity and the respect, even if they are women and, I might say, 
especially because of what has occurred because they are women. They 
ask for no deference. They ask for no waivers. They ask for no 
apologies in terms of them being United States Marines. They simply 
want that dignity and respect that we all owe them.
  I salute them and we stand alongside them.
  Ms. FRANKEL of Florida. Mr. Speaker, I think we have made it clear 
that when a member of the military is unfairly abused, we are all 
abused, we are all dishonored.
  This is not a Democratic issue. This is not a Republican issue. This 
is an American issue.
  Mr. Speaker, I yield to the gentleman from Nebraska (Mr. Bacon), one 
of our great Americans, an Air Force veteran who serves on our Armed 
Services Committee.
  Mr. BACON. Mr. Speaker, I rise today in support of this bipartisan 
effort to protect victims of nonconsensual sharing of intimate media in 
the Armed Forces and to hold those who engage in this dishonorable 
practice accountable under the military law. This is a bipartisan 
effort, and I appreciate that. It should be. This is a terrible thing 
that we have to fix.
  I am a five-time commander. I was on the front lines fighting this as 
a commander. I court-martialed those who abused others. I proudly did 
so. I was recognized as having the best Sexual Assault Response Program 
in the Air Force back in 2008 and 2009.
  Also, I am proud to stand here in this bipartisan effort as a 
husband, a father of a daughter, and a grandfather of three little 
granddaughters. We have got to do better, and we stand in this together 
to make a difference.
  Last month we observed Sexual Assault Awareness Month, and I spoke to 
the body on the obligation we share as elected leaders to support those 
who have been victims of sexual violence and exploitation. It is, 
therefore, fitting that we continue this campaign by turning our good 
words into legislative action. I want to thank my colleagues on both 
sides of the aisle for inviting me to speak on this subject.
  As members of the Armed Forces, we are taught the values of honor, 
integrity, loyalty to our Constitution, to our flag, and to the 
Republic for which it stands. From our earliest days in uniform, we are 
also imbued with an unbreakable commitment and trust in each other as 
warriors and teammates. These are not abstract concepts of quaint 
notions of a bygone age. Rather, they are the foundation of combat 
readiness and competence under fire. Mr. Speaker, I submit these ideals 
are the very essence of our strength of arms as a nation.
  That is why when someone in our midst betrays this trust and 
dishonors our code, the consequences go far beyond an individual act of 
depravity. It strikes at the heart of our core values and threatens the 
foundation of our combat readiness. And when the victims of these 
crimes perceive they are condoned by the very institution they serve, 
the damage is greater still.
  That is why Congress has an obligation to act and to remove any doubt 
that those who traffic in intimate pictures of their teammates and 
wrongfully share them not only violate the bonds of human decency, but 
are breaking the law.
  That is why I am proud to stand in a bipartisan effort and also with 
Representative McSally and colleagues on both sides of the aisle as an 
original cosponsor of H.R. 2052, the PRIVATE Act, to amend the Uniform 
Code of Military Justice to prohibit the wrongful broadcast of intimate 
visual images. This is important to change the UCMJ. It will protect 
the victims of this crime, hold those who engage in these acts 
accountable, and make absolutely clear--zero doubt--to every member of 
the Armed Forces that such conduct is unacceptable and will be 
prosecuted under the law.
  Those of us in the House who have served in uniform and have been 
entrusted with the responsibility of command know firsthand the 
importance of disciplined adherence to standards and of creating a 
climate of mutual trust that treats all members with dignity, fairness, 
and respect.
  For those of us who have fought to enforce our laws and protect the 
victims of all forms of sexual assault and exploitation in the 
military, this is not just what is right; it is also very personal.
  Mr. Speaker, I am proud to stand with my fellow Members of Congress 
on both sides of the aisle in support of this important legislation, 
support for our military, support for our culture, support for the 
defense of our country. I thank those who are leading the effort 
tonight.
  Ms. FRANKEL of Florida. Mr. Speaker, I thank Representative Bacon, 
first, for his service to our country and for speaking from the heart. 
We are very pleased to join him in this effort.
  Mr. Speaker, I yield to the gentlewoman from California (Mrs. 
Torres), who serves on the Foreign Affairs and the Natural Resources 
Committees.

[[Page 6363]]

  I want to say that Representative Torres is, like myself, the mother 
of a military veteran. Her son is a member of the Air Force. In 
bringing the gentlewoman up here, she probably experiences a lot of 
what I did. I think for parents whose children are in the military, man 
or a woman, there are so many of those times where you just dread that 
knock on the door.

                              {time}  1830

  You have seen your child put on uniform, and the pride that they 
feel. Now, could you imagine having gotten a call from your son that 
someone had posted a nude picture of him on a Facebook page and he was 
being humiliated? It is just hard to believe.
  I know you are going to share some of your insight into all this. I 
am pleased to have you here.
  Mr. Speaker, I yield to the gentlewoman from California (Mrs. 
Torres).
  Mrs. TORRES. Mr. Speaker, I thank Congresswoman Frankel and 
Congresswoman Jackie Speier of the Democratic Women's Working Group for 
hosting tonight's Special Order and for their constant advocacy on 
behalf of the victims of the Marines United scandal.
  The gentlewoman is correct. While I was not blessed with a daughter, 
I was blessed with three sons, one who I am proud to call a veteran of 
the United States Air Force.
  My son Christopher was the first one to leave home, and I can't 
imagine, as a mother of a child who is leaving him for the first time 
going into basic training, receiving the types of calls that these 
parents must have received, completely heartbreaking.
  One of the stories that my son shared with me was of a suicide that 
happened that involved one of his classmates, and how the parents found 
out about her suicide through a Facebook post because everyone was 
sharing a condolence note.
  So these things happen; and while we cannot and may not be able to 
always control the actions of these young men and women, there is a 
basic understanding and expectation from parents like myself that when 
we send our boys, and our young men and our young women, daughters and 
sons, to the military, that they will be taken care of; and when they 
file a complaint, that those complaints will be taken seriously and 
fully investigated. They deserve nothing less.
  Sexual harassment in the military certainly isn't new, but this 
scandal is a wake-up call that we cannot afford to ignore. The victims 
of Marines United don't just deserve our sympathy and our support, they 
deserve a commitment to doing everything that we can to finally bring 
an end to sexual harassment in the military in all forms.
  This isn't a case of boys being boys. This is a disgusting violation 
of women who have taken an oath to defend our Nation.
  I would like to read part of Erika Butner--corporal, U.S. Marine 
Corps, 2011 to 2016--part of her testimony here today.
  She begins by stating her name and thanking you for the opportunity 
to testify at the August 8, 2011, hearing.
  And she states: ``I enlisted in the United States Marine Corps 
knowing I could have potentially deployed to a combat zone. If 
presented the opportunity, I would have given my life for this country 
without hesitation. Never once did I think the war I'd fight would be 
among my very own brothers in arms.
  ``During the time I spent in the Marine Corps, various clothed photos 
of me were taken from my personal social media accounts without my 
consent and shared on sites that are like Marines United with great 
frequency. They would post my photo and caption it, `Smash or Pass,' in 
other words, `Would you have sex with this woman or not?' followed by 
extreme vulgar, degrading, and repulsive comments, including rape talk. 
My so-called brothers in arms shared clothed photographs of me on 
Marines United, posted my contact information, and discussed all the 
unspeakable things they would like to do to me.
  ``Comments I saw on other posts of the site included how female 
marines aren't `real' marines and belong in the kitchen. One post 
suggested friendly fire to the women who are now being integrated into 
the infantry units. Another male veteran described how he would rip off 
an Active-Duty female's eyelashes and then throw her into a tub of 
acid. Many veterans think because the UCMJ does not apply to them, 
they're immune from legal action.
  ``This culture of sharing photographs has been going on long before 
Marines United, and even before Facebook. With the use of social media 
and other file-sharing sites, this behavior has developed into 
something that has led to harassment and the degradation of men and 
women servicemembers. If this behavior had not come to light, I believe 
it would have continued as a dark secret of the military.''
  Her statement goes on. I will not read the rest of it but continue by 
saying that these aren't faceless strangers. They are our daughters, 
our sisters, and our friends. They are American heroes who volunteered 
to serve our country.
  As a mother of a veteran, I know that our military is better than 
this. Our men and women in uniform represent the very best of this 
Nation, and I am proud to stand with my colleagues this evening in 
support of bringing about the changes we need to put a stop to the 
sharing of nonconsensual pornography in the military and, ultimately, 
bring an end to sexual and gender-based violence and harassment in our 
Armed Forces.
  The next letter that I write to one of the academies recommending a 
young lady from my district, I want the reassurance from our military 
that her safety, her personal safety, will be taken seriously. And I 
need to have a commitment that she is just as American as any male of 
our military.
  Mr. Speaker, I thank the gentlewoman for this opportunity.
  Ms. FRANKEL of Florida. Mr. Speaker, I thank the gentlewoman for her 
son's service and for her service, too. I know what it is like to be 
the mother of a military person.
  Mr. Speaker, we are waiting for--Representative McSally is going to 
be with us in a few moments, and I thought, as we wait for her to join 
us--as I said, she is at a hearing now. Unfortunately, the hearing is 
on the topic of sexual harassment in the military academies.
  I wanted to just state for the Record the folks who participated at 
our Democratic Working Women's Group hearing that we had a couple of 
weeks ago, we talked about Lance Corporal Marisa Woytek. We talked 
about Erika Butner, who is a Marine Corps veteran, and both, 
unfortunately, were victims of this Marines United scandal.
  We also heard from James LaPorta, who is a journalist for The Daily 
Beast and a former U.S. Marine Corps sergeant who has covered Marines 
United extensively. His work has appeared in The Washington Post and 
the Chicago Tribune, among other national publications. During his 8 
years on Active Duty, Mr. LaPorta served within the infantry and 
intelligence communities, deploying multiple times to the war in 
Afghanistan.
  We also heard from Miranda Peterson. She is the executive director of 
Protect Our Defenders, which she joined in 2013. Protect Our Defenders' 
mission is to uplift and support survivors of military sexual assault, 
and to improve and reform the U.S. military's process for addressing 
rape, sexual assault, and sexual harassment.
  Prior to joining Protect Our Defenders, Mrs. Peterson worked on the 
historic lawsuits against the Department of Defense filed on behalf of 
military sexual assault survivors who experienced abuse and retaliation 
after reporting, and which were the subject of the Oscar-nominated 
documentary film, ``The Invisible War.''
  We also heard from Elizabeth Hillman, and she is the president of 
Mills College. She was invited by Representative Barbara Lee. Elizabeth 
Hillman has conducted extensive research on the history of sexual 
violence in the military organization's culture. She is a director and 
past president of the National Institute of Military Justice, a 
nonprofit that promotes fairness

[[Page 6364]]

in and public understanding of military justice worldwide.
  She previously served on the Response Systems to the Adult Sexual 
Assault Crimes Panel, an independent panel chartered by Congress to 
study and make recommendations about sexual assault in the U.S. 
military.
  And of course we heard from Gloria Allred, who is a nationally 
renowned women's and victims' rights attorney. She was the lawyer 
representing Marine Corps veteran Butner and Active-Duty Marine Lance 
Corporal Woytek.
  What treasures these activists are. They are patriots in their own 
way because they are defending and standing up for our patriots; and 
how sad that they have to spend so much of their time to do that.
  Now, since this scandal broke up, there have been numerous articles 
written. I want to share one as we wait for Representative McSally, 
who, herself, is a military veteran.
  Thomas Brennan actually broke this story. He wrote that: ``The U.S. 
Department of Defense is investigating hundreds of marines who used 
social media to solicit and share hundreds, possibly thousands, of 
naked photographs of female servicemembers and veterans.'' That is just 
so shameful.
  ``Since January 30, more than two dozen women, many on Active Duty, 
including officers and enlisted servicemembers, have been identified by 
their full name, rank, and military duty station in photographs posted 
and linked to from a private Facebook page.'' Again, very shameful.
  Mr. Speaker, I am now pleased to welcome Representative McSally. I 
would say to you that I have been talking about you in your absence. 
First of all, I told the Speaker that you were, unfortunately, at a 
hearing on sexual harassment in the military academies.
  But we are so grateful for your--first of all, for your service to 
our country and for your advocacy in standing up for what is right for 
our military men and women. Ms. McSally is our lead sponsor on this 
PRIVATE Act, which we have had many speakers talk about.
  Mr. Speaker, I yield to the gentlewoman from Arizona (Ms. McSally).
  Ms. McSALLY. Mr. Speaker, I want to thank my colleague. And yes, I 
just came over from a hearing on the Armed Services Committee; first 
panel with some victims, and second panel with the superintendents of 
the different military academies.

                              {time}  1845

  As the only female veteran on my side of the aisle, and having been 
an academy graduate myself, I thought it was very important for me to 
be there and continue to help to lead on these issues that are near and 
dear to my heart. I know there has been much discussion. I want to say 
thank-you for helping to organize this and manage it and all the people 
who came down to speak on this very important issue.
  As was likely mentioned before, we came upon this issue on Saturday, 
March 4. The Marines United Facebook page discovered individuals linked 
with this private group were posting nude, intimate photos of women, as 
well as personal information, their names, and duty stations, without 
their consent or their knowledge.
  The next day, the NCIS started to launch an investigation and, 1 week 
later, discovered, unfortunately, this was not an isolated activity. 
Sharing intimate photos without a consent is a problem that now we are 
seeing in the other branches of the military.
  Such degrading behavior from troops in uniform is disgusting. As a 
veteran and a former commander myself, it is infuriating. In some ways 
it is not surprising, but it is intolerable, and we rise on both sides 
of the aisle today to say that we are standing together to help on our 
part, in our appropriate role to stop this.
  Our servicemembers enlist to serve this country and protect it from 
our enemies. They should not have to watch their backs among 
individuals who are to be their teammates. Sharing explicit photos of 
fellow servicemembers undermines women and destroys trust and morale. 
It decreases effectiveness of our Armed Forces, and it embarrasses 
America. United States troops must be warriors. What it means to be a 
warrior is to embody courage, commitment, honor, trust, and respect. In 
all the services we have our core values. They are on and off duty. 
That is what it means to stand up. We stand in the gap for others. We 
are not the perpetrators. We are supposed to be the protecters. We are 
supposed to be the ones who are embodying and leading in those values 
that we hold dear.
  The unearthing of this widespread problem has highlighted the 
difficulty in prosecuting Active Duty military members, though, who do 
this, who share private, intimate photos of their teammates without 
consent. This action is harmful, and it destroys the bonds of trust in 
the unit that are so critical for our warfighting capabilities.
  So to look at the UCMJ, the Uniform Code of Military Justice, again, 
I am pretty familiar with this having been a commander and a retired 
colonel. We have a couple of articles, article 133 and article 134. 
Article 133 is conduct unbecoming of an officer. Article 134 is what we 
call anything that is prejudicial to good order and discipline. This is 
one I would say as a commander we often use as the catchall article. 
When we could not prosecute someone under another article, we go to 
article 134 because we knew their behavior was degrading good order and 
discipline.
  Civilian law faces challenges in prosecuting this crime. Thirty-five 
States and the District of Columbia have statutes against sharing 
private, intimate digital media without consent, but the State laws 
vary in their proof, the elements, and the punishment.
  The Marines recently created a regulation where they can charge these 
Neanderthals who commit these violations, but creating regulation isn't 
the same thing as strengthening the law. That is why I introduced the 
PRIVATE Act. Again, this is a bipartisan bill. My bill provides clear, 
unambiguous charge that gives commanders a sharper tool in the UCMJ for 
targeting and prosecuting this behavior. It clearly defines this 
behavior as a crime, and it also addresses the issues of intent and 
free speech.
  These actions are a symptom of a larger issue: why we must change the 
culture that promotes this behavior. While these blatant, disrespectful 
actions have been committed by a specific subset of our military, this 
is indicative of a larger cultural problem. I just came from speaking 
about that in our Air Force Academy hearings--I'm sorry, not just Air 
Force, all the academies.
  This is not the first time that behavior like this or culture like 
this has really been addressed, nor will it be the last. Myself, as the 
first woman in the U.S. to fly in combat in a fighter aircraft and to 
command a squadron, I have personally experienced, confronted, and 
overcome sexist behavior in the military. I have been there, I have 
seen it, I have lived it, and, quite frankly, I am sick of it.
  We need to do what we can together to stop it. We must confront the 
underlying issues that inculcate resentment toward women in our 
services. We need to address the topic now and send a clear message 
this behavior has no place in our military. The issue is developing at 
the speed of broadband, but our solutions are often stuck at the speed 
of bureaucracy.
  I have met with the commandant of the Marine Corps, General Neller, 
immediately after this news broke. We had a very productive 
conversation, and I look forward to continuing work with him and the 
other service chiefs to address this issue.
  We also can't allow this to turn into victim blaming, though. 
According to one victim who tried to have a video removed:
  ``I went to the police to get them to take it down, and they told me, 
because I didn't live in North Carolina, they couldn't do anything. I 
then went to his command, and they said: Why don't you stop making sex 
tapes?''
  This is not a matter of free speech on the internet. This is a matter 
of military members who have infringed on the rights, the duty, and the 
basic respect of others. We can't afford to let another military member 
become a victim of this crime.

[[Page 6365]]

  I appreciate everyone stepping up for this Special Order today. I 
appreciate the bipartisan support of the PRIVATE Act. It is not going 
to solve it by itself, but it is going to give the commanders another 
tool. I promise I am going to tirelessly be working and leading on this 
issue to protect our troops and make sure we have the best, most 
respected, and most trusted warfighting force.
  I want to thank my colleague for giving me the opportunity to speak.
  Ms. FRANKEL of Florida. Mr. Speaker, I thank Representative McSally. 
We have come to, I think, a perfect ending here today--those of us who 
were here today. I know, on a bipartisan basis, we look forward to 
fighting for the gentlewoman for what is right and to get this bill 
passed.
  Mr. Speaker, I yield back the balance of my time.
  Ms. SPEIER. Mr. Speaker, first and foremost, I want to thank my 
colleagues, Rep. Lois Frankel, Rep. Brenda Lawrence, Rep. Barbara Lee, 
Rep. Ann Kuster, Rep. Norma Torres, Rep. Sheila Jackson Lee, Rep. Don 
Bacon, and Rep. Martha McSally, who spoke out during the May 2nd 
Special Order Hour on nonconsensual pornography in the military. It is 
critical that we continue to raise awareness about this topic and I am 
grateful to see Members from both parties coming together to fight this 
predatory and humiliating practice taking place in our military. I 
would also like to specifically thank Reps. Frankel and Lawrence for 
hosting the Special Order Hour on behalf of the Democratic Women's 
Working Group.
  I am deeply passionate about stopping nonconsensual pornography in 
the armed services, and was disappointed to miss the Special Order 
Hour. I had an unavoidable conflict, since at the same time I was 
serving as the Ranking Member of the House Armed Services Committee 
Military Personnel Hearing on the Annual Report on Sexual Harassment 
and Violence at the Military Service Academies. During the hearing, I 
listened to brave testimony from military survivors of sexual assault 
and harassment who also suffered retaliation after they came forward. 
All members of the military deserve protection from sexual violence on 
the internet, in the academies, and every place else.
  Marines United, and other incidents of nonconsensual pornography in 
the military, are examples of degrading behaviors that destroy careers 
and lives.
  When these horrific incidents occur, it is not about sex or social 
media policy; it is evidence of a culture of rot that is allowed to 
spread by military leadership.
  I am concerned that NCIS and military leadership is not taking this 
seriously--my staff found scores of nonconsensual pornography images on 
Tumblr in under 5 minutes with the search term ``Tumblr Army naked.'' 
These attacks go well beyond just the posting of the pictures. They are 
widespread and involve every branch of the military and all levels of 
command, as shown by the charge against Master Sgt. Theophilus Thomas.
  Why is it that other crimes are punished with a zero tolerance policy 
and the individual is removed from service, while stalking, harassment, 
and the destruction of your colleague's career fails to warrant the 
same punishment from the military? These crimes pose a serious threat 
to troop readiness and morale and must be treated as such.
  I am proud to be a co-lead with Congresswoman McSally on the PRIVATE 
Act, which would make posting consensually taken, but nonconsensually 
distributed intimate photos illegal under the UCMJ. I hope my 
colleagues on both sides of the aisle will join together and support 
the PRIVATE Act and the brave men and women who put their lives on the 
line in service to our country.

                          ____________________