Military Justice Improvement Act

Floor Speech

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Mr. GRASSLEY. I thank the Senator from New York.

The Defense Department has been promising Congress and the American people for a long period of time that they are working on this problem of sexual assault, and we are still looking for results, and the statistics get worse. So I believe what Senator Gillibrand is saying with her legislation is enough is enough.

I am proud to be a partner in this effort. It fits into an overall principle of government that I have: Greater transparency brings accountability. And I believe this legislation will make this whole problem much more transparent and, with it, accountability to hopefully get the issue solved.

I appreciate the fact that a large number of commonsense reforms were included in the national defense authorization. These changes were long overdue. However, we are past the point of tinkering with the current system and hoping that does the trick. We have had promises about tackling the problem of sexual assault within the current system for years and years, but the problem is still not any better and, statistics show, is getting worse. We don't have the luxury of time to try some new reforms of the current system and hope they have an impact. We have had those promises before.

What is more, the current system appears to be part of the problem. I will elaborate on that.

We know from the recent Defense Department report that 50 percent of female victims stated they did not report the crime because they believed nothing would be done as a result of their reporting; 74 percent of the females and 60 percent of the males perceived one or more barriers to reporting sexual assault; and 62 percent of the victims who reported sexual assault indicated they perceived some form of professional, social, and/or administrative retaliation.

We can talk about protecting victims, and we can enact more protections, as we did in the national defense authorization, but the fact remains that the current structure of the military justice system is having a deterrent effect on the reporting of these assaults. If sexual assault cases aren't reported, they can't be prosecuted. If sexual assault isn't prosecuted, predators will remain in the military, which results in the perception that sexual assault is tolerated in this culture. That destroys morale and it destroys lives. If an enemy tried to sow that kind of discord among our military, we wouldn't tolerate it, but we are doing it to ourselves.

The men and women who have volunteered to place their lives on the line deserve better, and our military readiness obviously demands it.

Taking prosecutions out of the hands of commanders and giving them to professional prosecutors who are independent of the chain of command will help ensure impartial justice for the men and women of our forces.

I know some Senators will be nervous about the fact that the military is lobbying against this legislation. I have the greatest respect for our military leaders, but Congress has given the military leadership more than enough time to fix this current system. We can't wait any longer. We should not be intimidated by people coming to the Hill because of their stars and ribbons. They deserve our respect but not deference to their opinion.

We also hear that this measure will affect the ability of commanders to retain ``good order and discipline.'' Our legislation in no way takes away the ability of commanders to punish troops under their command for military infractions. Commanders also can and should be held accountable for the climate under their command. But the point here is that sexual assault is a law enforcement matter, not a military one.

If anyone wants official assurances that we are on the right track, we can take confidence in the fact that an advisory committee appointed by the Secretary of Defense supports these reforms. There is an organization appointed by the Secretary of Defense which goes by the acronym DACOWITS--the Defense Advisory Committee on Women in the Services--which voted overwhelmingly in support of each and every one of the components of the Gillibrand bill.

DACOWITS was created back in 1951 under Defense Secretary Marshall. The committee is composed of civilian and retired military women and men appointed by the Secretary to provide advice and recommendations on matters and policies relating to the recruitment and retention, treatment, and well-being of our highly qualified professional women in the Armed Forces. Historically, the recommendations by DACOWITS have been instrumental in effecting changes to laws and policies pertaining to women in the military. This isn't an outside advocacy group or ad hoc panel; it is a longstanding advisory committee handpicked by the Secretary of Defense, and it supports the substance of this legislation.

It is easier to support incremental reform. In fact, it is also prudent to try small reforms before making bigger changes. I understand why some Senators are nervous about a total overhaul of the military justice system. It isn't something I approach lightly. However, we have waited for years as various initiatives to tackle this problem have been tried.

When we are talking about something as serious and life-altering as sexual assault, we cannot afford to wait any longer than we already have. The time has come to act decisively to change the military culture. We need a clean break from the system where sexual assault isn't reported because of a perception that justice won't be done. Our men and women serving this country deserve nothing less, and they deserve it now. They shouldn't have to wait any longer for justice.

For those reluctant to take this step, I would say that if the more modest reforms proposed by others prove insufficient and we have to come back and enact our reforms at a later time, how will you justify your vote today?

Now is the time for bold action, and I urge my colleagues to join in the effort.

I yield the floor.

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