Servicemembers' Choice in Transition Act of 2013

Mr. President, one aspect of cybersecurity threats from foreign nations relates directly to America's global competitiveness.

If American entrepreneurs are known for one thing, it is innovation. That innovation costs money. American companies invest billions and billions of dollars every year on research and development to create products that are the best in the world. Companies in my State alone invest $16 billion a year in research and development. When these investments succeed American companies are often the leaders in their industries at home and in overseas markets, offering technologies that are not available elsewhere. This is a huge competitive value and one that we must protect.

But too many U.S. companies of all sizes are being robbed of their intellectual property, the engine of their businesses, and the American economy is being undermined through cyber theft. Often the culprits are foreign governments. To make matters worse, these governments share the stolen technology with companies that compete with the very U.S. companies that developed the technology in the first place.

General Keith B. Alexander, head of the National Security Agency and U.S. Cyber Command, recently called the theft of intellectual property from U.S. entities through cyberspace ``the greatest transfer of wealth in history.'' He estimated that such theft costs U.S. companies and institutions hundreds of billions of dollars. It is outrageous that American trade secrets are being stolen and used to compete against us. So who is responsible?

As far back as 2011, the National Counterintelligence Executive said in its annual report to Congress that ``Chinese actors are the world's most active and persistent perpetrators of economic espionage. U.S. private sector firms and cybersecurity specialists have reported an onslaught of computer network intrusions that have originated in China.''

In March of this year, Mandiant, a company that investigates private sector cyber security breaches, published a report describing how a cyber-espionage unit of the Chinese People's Liberation Army raided the computers of at least 141 different organizations, stealing ``technology blueprints, proprietary manufacturing processes, test results, business plans, pricing documents, [and] partnership agreements.'' According to Mandiant, the industries targeted by the PLA ``match industries that China has identified as strategic to their growth.'' Mandiant's report exposed PLA cyber theft aimed at the information technology, transportation, aerospace, satellites and telecommunications, and high end electronics industries, to name just a few.

U.S. government reports also point to China. Just last week the U.S. Trade Representative issued its ``Special 301'' report reviewing the global state of intellectual property rights, IPR. USTR stated that ``Obtaining effective enforcement of IPR in China remains a central challenge, as it has been for many years.'' The report continued ``This situation has been made worse by cyber theft, as information suggests that actors located in China have been engaged in sophisticated, targeted efforts to steal [intellectual property] from U.S. corporate systems.''

Also last week, an article in Bloomberg described cyber espionage conducted by the Chinese People's Liberation Army against QinetiQ, a defense contractor. The article said the PLA operation ``jeopardized the [victim] company's sensitive technology involving drones, satellites, the U.S. Army's combat helicopter fleet, and military robotics, both already-deployed systems and those still in development.'' The report stated that the Chinese ``hackers had burrowed into almost every corner of QinetiQ's U.S. operations, including production facilities and engineering labs in St. Louis, Pittsburgh, Long Beach, Mississippi, Huntsville, Alabama and Albuquerque, New Mexico, where QinetiQ engineers work on satellite- based espionage, among other projects.''

It is time that we fought back to protect American businesses and American innovation. We need to call out those who are responsible for cyber theft and empower the President to hit the thieves where it hurts most--in their wallets.

Today, I am introducing a bill along with Senators McCain, Coburn and Rockefeller that calls on the Director of National Intelligence, DNI, to develop a list of foreign countries that engage in economic or industrial espionage in cyberspace with respect to U.S. trade secrets or proprietary information. We have done something similar under the Special 301 process for intellectual property rights infringements in foreign countries.

Specifically, our legislation requires the DNI to publish an annual report listing foreign countries that engage in, facilitate, support or tolerate economic and industrial espionage targeting U.S. trade secrets or proprietary

information through cyberspace. That report would identify:

A watch list of foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; it would identify a priority watch list of foreign countries that are the most egregious offenders; U.S. technologies targeted for economic or industrial espionage in cyberspace and U.S. technologies that have been stolen, to the extent that is known; articles manufactured or produced or services provided, without permission from the rights holder, using such stolen technologies or proprietary information; foreign companies, including state owned enterprises, that benefit from stolen technologies or proprietary information; details of the economic or industrial espionage engaged in by foreign countries; and actions taken by DNI and other Federal agencies and progress made to decrease foreign economic or industrial espionage in cyberspace against United States persons.

Creating a ``name and shame'' list, as this report would do, will shine a spotlight on those who are stealing U.S. technologies. But we need more than a report, we need action.

Our bill provides for more than a report. In order to enforce compliance with laws protecting U.S. patents, copyrights, and other intellectual property and protection of the Department of Defense supply chain, our legislation requires the President to block imports of products if they: contain stolen U.S. technology or proprietary information, or are produced by a state-owned enterprise of a country on the priority watch list and are the same as or similar to products made using the stolen or targeted U.S. technology or proprietary information identified in the report, or are made by a company identified in the report as having benefitted from the stolen U.S. technology or proprietary information.

Blocking imports of products that either incorporate intellectual property stolen from U.S. companies or are from companies otherwise that benefit from cyber theft will send the message that we have had enough. If foreign governments--like the Chinese government--want to continue to deny their involvement in cyber theft despite the proof, that's one thing. We can't stop the denials on the face of facts. But we aren't without remedies. We can prevent the companies that benefit from the theft--including State-owned companies from getting away with the benefits of that theft. Maybe once they understand that complicity will cost them access to the U.S. market, they will press their governments to stop or refuse to benefit at least. We will hit them where it hurts with this legislation and we aim to get results.

We have stood by for far too long while our intellectual property and proprietary information is plundered in cyberspace and in turn used to undercut the very companies that developed it. It is now time to act. Our legislation will give our Government powerful tools to fight back against these crimes and protect the investments and property of U.S. companies and institutions. I urge my colleagues to work to enact this very important legislation as quickly as possible. We have no time to lose.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I come to the floor because I believe the great strength of our military is in the character and dedication of our men and women who wear the uniform. It is the courage of these Americans to volunteer to serve. That is the Pentagon's greatest asset.

I know it is said a lot, but take a minute to think about that. Our servicemembers volunteer to face danger, to put their lives on the line to protect our country and all of its people. When we think of those dangers, we think of IEDs. We think of battles with insurgents, many of whom are so cowardly and evil that they refuse to even wear a uniform themselves, and they seek to kill innocent civilians.

There are, unfortunately, other dangers as well, dangers that cannot be expected and none of our courageous servicemembers should ever have to face. That is what I am speaking about, sexual assault. That continues to plague the ranks of our military services.

It is absolutely unconscionable that a fellow servicemember, the person whom you rely on to have your back and be there for you, would commit such a terrible crime. It is simply appalling that they could commit such a personal violation of their brother or sister in uniform.

Even worse is the prevalence of these crimes. Just today, we are hearing the alarming statistic that the number of cases has increased by more than one-third since 2010. For the estimated 26,000 cases of military sexual assault in 2012, less than 3,000 of them were reported. Out of 26,000, only 3,000 were reported. What is even more startling is that of those who bravely came forward and reported the abuse, an astounding 62 percent of them were retaliated against in one way or another.

According to the Department of Veterans Affairs, about one in five female veterans treated by the VA has suffered from military sexual trauma. That is certainly not the act of a comrade. It is not in keeping with the ethos in any service, and it can no longer be tolerated. We still have not done enough to put an end to these shameful acts.

Today I am taking action to change that. Today Senator Ayotte and I joined to introduce the Combatting Military Sexual Assault Act of 2013. This is bipartisan legislation that we have worked on to make several vital improvements to protect our servicemembers, to assist the victims, and to punish the criminals. Our bill, the Combatting Military Sexual Assault Act, will create a new category of legal advocates called special victims' counsels who would be responsible for advocating on behalf of the interests of the victim. These SVCs, special victims' counsels, would advise the victim on the range of legal issues they might face. For example, when a young private first class is intimidated into not reporting a sexual assault, by threatening her with unrelated legal charges such as underage drinking, this new advocate, the SVC, would be there to protect her and tell her the truth.

This bill would also enhance the responsibilities and authority of the Department of Defense Sexual Assault Prevention and Response Office, known as the SAPRO, to provide better oversight of efforts to combat military sexual assault across our Armed Forces. SAPRO would also be required to regularly track and report on a range of MSA statistics, including assault rates, the number of cases brought to trial, and compliance within each of these individual services.

Some of this data collection and reporting is already being done, so this requirement is not going to be burdensome. It would give that office statutory authority to track and report to us on the extent of the problem.

The Combatting Military Sexual Assault Act would also require sexual assault cases to be referred to the next superior competent authority for court martial when there is a conflict of interest in the immediate chain of command. This is very important. This will help ensure that sexual assault allegations get a fair, impartial,and thorough investigation. The President of the Military Officers Association of America agrees. They stated:

Preventing sexual assault is a duty of everyone in the

chain of command. This legislation will increase support for

sexual assault victims and strengthen policies and procedures

for such cases in our Nation's Armed Forces.

This legislation would also prohibit sexual contact between military instructors and servicemembers during basic training or its equivalent or within 30 days after the training. As we have seen, with disturbing frequency at places such as Lackland Air Force Base or the Air Force Academy, new servicemembers are too often taken advantage of and abused.

In these settings, new servicemembers have every aspect of their life controlled by their instructor. While this is appropriate for military training, in this type of setting it is entirely inappropriate for senior servicemembers to seek a sexual relationship with a junior subordinate. It is our view it is impossible for a servicemember to freely give consent in that setting.

This bill will also ensure that sexual assault response coordinators are available to members of the National Guard and Reserve at all times. I was told a very disturbing story recently by a female servicemember from the National Guard in my home State of Washington. After being sexually assaulted during her monthly drill on a military base, she took all the necessary steps, including calling the sexual assault response coordinator. When she called, she was told that because the assault happened during a monthly drill, not on Active Duty, the sexual response coordinator could not help her. Those services were only reserved for those on Active Duty.

That is absolutely unacceptable. When one of our men and women in uniform is the victim of a sexual assault, and they have the courage to come forward and ask for help, the answer never, ever should be, sorry, there are regulations, nothing I can do for you.

This bill is one step to address the crises we have in our own Armed Forces, and it needs to be done now. Yesterday's news that the Air Force's chief of sexual assault prevention was arrested for sexual assault is another reminder that we have to change the culture around this issue.

I want to be very clear. The military has taken some steps on its own. For instance, I am looking forward to seeing Secretary Hagel's proposal on how to reform article 60 of the Uniform Code of Military Justice. As I think most of our colleagues know, under article 60, the convening authority of a court martial is empowered to dismiss the judgment of the court martial and overturn their verdict. Many of us, myself included, have had serious concerns about how that authority has been used in sexual assault cases.

We are here today to introduce this bill, and I wish to thank the Senator from New Hampshire for her advocacy on this issue and for her help in putting this legislation together.

I also wish to thank Representative Tim Ryan for his leadership and championing our companion bill in the other Chamber.

When I asked Navy Secretary Ray Mabus about the sexual assault epidemic, I was glad to hear him say ``concern'' wasn't a strong enough word to describe how he felt about this problem. He said he was angry about it.

I know a lot of us share this feeling. We want it to stop. I am very hopeful both Chambers can work quickly to do right by our Nation's heroes. When our best and brightest put on a uniform and joined our U.S. Armed Forces, they do so with the understanding they will sacrifice much in the name of defending our country and its people. That sacrifice should not have to come in the form of unwanted sexual contact from within the ranks.

I am very pleased to introduce this bill. I wish to thank Senator Ayotte again for her hard work and advocacy. It is a pleasure to work with her.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Let me say I wish to thank very much my colleague from Washington, Senator Murray, for her leadership on this issue and for the opportunity to work together to address this very important issue of making sure we eliminate sexual assaults that occur within our military and that the victims of these crimes get the respect,

the support, and the justice they deserve. I am very honored to work with Senator Murray, and I thank her so much for giving me the opportunity to work with her on this important legislation to address a very serious problem in our military.

I approach this issue not just as someone who comes from a military family and has such great, deep respect for the military--as I know Senator Murray does with the important position she has on the Veterans' Committee--but also as someone who serves on the Armed Services Committee and someone who worked in my prior career extensively with victims of sexual assault. During my time as a prosecutor in New Hampshire and then later as the State's attorney general, I saw the devastating impact of these types of crimes.

I also saw the real need to address what is too often a silent crime. The victims often suffer in silence for fear of coming forward and not being supported when they are to come forward and report a sexual assault.

That is very important, and that is why I also supported efforts earlier this year--that I know Senator Murray was a very strong leader on--to reauthorize the Violence Against Women Act. I wish to thank her for her leadership on that as well.

Currently, military sexual assault occurs at alarming levels throughout all branches of our military. According to the Department of Defenses estimates, 19,000 servicemembers were sexually assaulted in 2011, a rate of over 52 per day. Despite these shocking figures, fewer than 2,800 assaults against servicemembers were reported to the Department of Defense over the same period.

The Department of Defense Sexual Assault Prevention and Response Office's annual report, which was actually just released today at the same time that we are filing our legislation, concludes that the number of people who made an anonymous sexual assault claim but never reported the attack increased from 19,000 in 2011 to 26,000 in 2012, nearly a 37-percent increase. Yet the number of reported sexual assaults against servicemembers only increased--in other words, those who did report and come forward--by about 8 percent. This is a dramatic example of people who were victims but feel they would have the support to come forward and report the crimes that were being committed against them.

Astonishingly, as Senator Murray mentioned, just yesterday it was reported that the police arrested a lieutenant colonel in charge of the Air Force's Sexual Assault Prevention and Response branch and charged him with sexual battery, which brought this issue very much to the forefront, given the fact that this individual was charged with important responsibility over the Sexual Assault Prevention and Response Program.

It is important to understand why sexual assault is so destructive, especially when it occurs in our military--of course, when it occurs anywhere. Sexual assault is a serious and unacceptable crime that can inflict lasting emotional and physical impact on the victims of these crimes that can last for years and throughout their lifetimes.

In the military, sexual assault can also damage unit morale, readiness, the preparedness of our troops. Also, military sexual assault can negatively impact the well-earned reputation of those who serve honorably, which is obviously the overwhelming number of members of our military who serve our country with great courage and with great character.

So we must aggressively tackle this problem to compassionately help victims but also to protect the good order and discipline that ultimately undermine and support the readiness of our military units. We do our military and our servicemembers little good if we ignore this problem.

Conversely, it is very important we pass commonsense legislation that will help solve the problem. But we should make no mistake that, again, the vast majority of our men and women in uniform serve with tremendous dignity and honor, and the United States continues to be the very best military in the world because of the character, quality, and courage of our men and women in uniform. But when a servicemember fails to live up to our values and commits a sexual assault, we must ensure victims have the support they need and the perpetrators are held accountable and are brought to justice.

That is why Senator Murray and I have introduced this legislation today. Our legislation, titled the ``Combating Military Sexual Assault Act,'' would expand and improve military sexual assault prevention and response resources available to the victims of these crimes. Building on the lessons we have learned from a pilot program already in place in the Air Force, our bill would provide trained special victims' counsels to victims in all service branches to help them throughout the process. These counsels can help comfort and advise victims after the crime has occurred. The special victims' counsel also provides victims the confidence they need to come forward, report the crime, and seek justice.

The Chief of Staff of the Air Force, General Welsh, testified this morning before the Armed Services Committee ``the evidence is clear'' that providing special victims' counsel to those who suffer from this crime has been ``immensely helpful'' in the Air Force. So every victim of crime within our Armed Services deserves to have the support of the special victims' counsel.

Our bill would also ensure sexual assault response coordinators are available to members of the National Guard and Reserve at all times, regardless of whether the servicemember is operating under title 10 or title 32 authority. It is very important we get this in the law now so that our Guard men and women get the support they deserve. We could not have fought the battles and wars we have fought without their courage and bravery and the sacrifices they have made.

Our bill would also make certain sexual assault cases are referred to the general court-martial level when sexual assault charges are filed or to the next superior competent authority when there is a conflict of interest in the immediate chain of command. Right now, the way the system is set up, there is not a set mechanism where there is a conflict of interest. This commonsense approach would recognize the uniquely devastating damage sexual assault crimes inflict on individuals and ensure that victims can have confidence in the military court justice system.

In conclusion, allowing this problem to persist is simply unacceptable, both for the victims and for the morale and readiness of our forces that do so much to ensure the freedom of this country. We must continue to make clear that sexual assault in the military simply will not be tolerated, and we must match these words with actions. Our legislation does just that.

I look forward to working with the Department of Defense, continuing to work with Senator Murray--and I thank her again for her leadership-- as well as my Senate colleagues on both sides of the aisle in strengthening existing laws and policies so that all military sexual assault victims can come forward without fear of retribution and with the confidence they will receive the support, care, and justice they deserve from our country.

Madam President, I yield the floor.

Mr. President, I am pleased to introduce the Workforce Investments through Local Libraries Act or the WILL Act with Senator Cochran. During these challenging economic times, our one-stop system has been stretched to the limit. Stepping in to help have been our public libraries, which have always been a key access point for people looking for employment or looking to make a career change. According to the Institute of Museum and Library Services, 30 million Americans used a library computer to help address their career and employment needs in 2009.

The Employment and Training Administration and the Institute of Museum and Library Services have developed a partnership to highlight effective practices and encourage collaboration between the workforce investment system and public libraries, but more needs to be done. There are more than four times as many libraries as one-stop centers in high unemployment counties. We could greatly expand the reach of the workforce investment system by fully integrating public libraries into the delivery system and providing them with the resources they need to better assist Americans in finding work.

The Workforce Investments through Local Libraries, WILL, Act will strengthen the connection between the public library system and the one-stop system to better serve job seekers. The WILL Act will give library users access to workforce activities and information related to training services and employment opportunities, including resume development, job bank web searches, literacy services, and workshops on career information. The goal of the WILL Act is to enable libraries to access Workforce Investment Act resources to continue to provide job search support in communities all across America.

Specifically, the WILL Act amends the Workforce Investment Act, WIA, to: include library representation on state and local workforce investment boards; ensure the coordination of employment, training, and literacy services carried out by public libraries as part of the state workforce investment plan; recognize public libraries as an allowable ``One-Stop'' partner; authorize new demonstration and pilot projects to establish employment resources in public libraries; and encourage the Employment and Training Administration to collaborate with other federal agencies, including the Institute of Museum and Library Services, to leverage and expand access to workforce development resources.

To get Americans back to work, we need to leverage all of our community assets. Public libraries play a vital role in providing access to information, technology, support, and other essential resources to help Americans find good jobs and build successful careers. I urge my colleagues to join Senator Cochran and me in cosponsoring the WILL Act and to support its inclusion in the effort to renew the Workforce Investment Act.

Madam President, I want to thank my colleagues for working on military sexual assault. Senator Gillibrand and I and others are working on a way to handle these assaults which takes them out of the chain of command and makes sure the prosecutors get the chance to decide whether a case goes forward, and no one in the chain of command can overturn a military court that makes a decision.

So I look forward to working with all my colleagues, female colleagues and male colleagues, because this is an absolute disgrace for the greatest Nation on Earth. We have to change a culture that somehow is permissive toward violence against women, and might I add men as well, when we look at the numbers. There is a lot of sexual violence against men in the military in terms of numbers--more cases against men than women--but in terms of percentages, there are more against women. It is a terrible situation.