Bill Overview
Title: Sexual Harassment Independent Investigations and Prosecution Act
Description: This bill provides for the inclusion of sexual harassment as an offense subject to the authority of special trial counsel under the Uniform Code of Military Justice (UCMJ) and sets forth requirements related to independent investigations of sexual harassment under the UCMJ.
Sponsors: Sen. Hirono, Mazie K. [D-HI]
Target Audience
Population: People serving in the U.S. Military
Estimated Size: 2100000
- The bill focuses on the inclusion of sexual harassment as an offense under the Uniform Code of Military Justice (UCMJ), indicating that it pertains to military personnel.
- The U.S. Department of Defense records indicate over 1.3 million active duty military personnel and over 800,000 reserve personnel, all of whom are subject to the UCMJ.
- According to the U.S. Department of Veterans Affairs, there are about 18 million veterans; however, the act specifically targets those currently under UCMJ jurisdiction, reducing the direct impact on veterans.
- The bill strengthens procedures for independent investigations, which could directly affect those who are victims of or accused of sexual harassment in the military.
- Military sexual harassment disproportionately impacts female service members, who make up about 16% of active-duty forces and can experience higher rates of sexual harassment.
- While the UCMJ is specific to the U.S., military justice practices in other countries often mirror U.S. standards, but only the U.S. military is directly impacted by this legislation.
Reasoning
- The policy targets a specific group, which is the U.S. military personnel under the UCMJ. This population includes active duty and reservists, with a size of approximately 2.1 million people. This is a sizable population, but since the issue of sexual harassment is particularly significant among female service members, the impact will vary among different demographics within the military.
- Given the limited budget of $35,000,000 in the first year, the focus should be on effective independent investigations, proper implementation, and the establishment of these new protocols. Over ten years, the more substantial budget allows for systematic changes and broader reach.
- Persons in positions of authority might see a reorientation of their responsibilities while victims or potential victims of harassment might perceive an environment safer for reporting without retaliation.
- It's important to include perspectives from across ranks (officers and enlisted) and different branches to understand varied viewpoints.
- While the policy does not directly affect veterans, those who are about to leave or have recently left the service might reflect on how it could have impacted their service.
Simulated Interviews
Navy Enlisted (San Diego, CA)
Age: 25 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- I've always been hesitant to report any harassment because I feared it would be swept under the rug. This policy might actually make it safer for people like me to speak up.
- I hope the investigations are taken seriously and lead to real consequences. That would definitely change things.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 8 | 5 |
| Year 10 | 8 | 5 |
| Year 20 | 8 | 5 |
Army Officer (Fort Bragg, NC)
Age: 32 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- This really adds more tools to our belt to ensure accountability and protection.
- I believe it's crucial for the morale and trust within the units that these investigations are truly independent.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Navy Officer (Norfolk, VA)
Age: 28 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 6/20
Statement of Opinion:
- It feels encouraging to know that the system is finally recognizing these issues.
- I hope this eliminates the fear of retaliation when reporting incidents.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 7 | 5 |
Air Force Reserve (Texas)
Age: 24 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 12/20
Statement of Opinion:
- I haven't personally been impacted by harassment, but I think this policy is good for those who have.
- I believe it's essential for maintaining integrity and morale within the service ranks.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 8 | 7 |
Army Enlisted (Colorado Springs, CO)
Age: 38 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 0.0 years
Commonness: 9/20
Statement of Opinion:
- While I'm out now, had this been in place during my service, maybe fewer people would have had to remain silent or face consequences alone.
- I see it as a necessary change long overdue.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Marine Corps Enlisted (Honolulu, HI)
Age: 29 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 10.0 years
Commonness: 5/20
Statement of Opinion:
- I really hope this policy empowers more of us to come forward and helps to clean up the toxic parts of military culture.
- But I'm cautiously optimistic; it depends on how seriously these reforms are implemented.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 7 | 4 |
| Year 5 | 7 | 4 |
| Year 10 | 8 | 4 |
| Year 20 | 8 | 4 |
Army Officer (Washington D.C.)
Age: 42 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 11/20
Statement of Opinion:
- This policy supports the ongoing efforts across the military to create a more inclusive environment.
- It strengthens the accountability we've been working towards, and I've noticed a positive shift in culture even before this.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 7 |
Navy Reservist (Seattle, WA)
Age: 30 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 15/20
Statement of Opinion:
- For reservists like me, the policy sends a clear message that our service is valued and protected.
- I'm hopeful that this leads to real changes particularly for those still on active duty.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 7 | 6 |
Air Force Officer (New York, NY)
Age: 35 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- I think ensuring independent investigations will really help in building trust again in the chain of command.
- It's a progressive step for the Air Force and across the services.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 8 | 5 |
| Year 20 | 8 | 5 |
Marine Corps Officer (Retired) (Las Vegas, NV)
Age: 50 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 6/20
Statement of Opinion:
- During my time, policies were less supportive of the victim. This changes that narrative drastically.
- I think this legislation is vital for fostering resilience and trust in our service members.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Cost Estimates
Year 1: $35000000 (Low: $30000000, High: $40000000)
Year 2: $28000000 (Low: $25000000, High: $35000000)
Year 3: $28000000 (Low: $25000000, High: $35000000)
Year 5: $28000000 (Low: $25000000, High: $35000000)
Year 10: $28000000 (Low: $25000000, High: $35000000)
Year 100: $28000000 (Low: $25000000, High: $35000000)
Key Considerations
- The scope of the independent investigations might evolve, potentially impacting cost estimates.
- Coordination with existing military legal structures and new investigative bodies is crucial for efficiency.
- Costs might vary depending on the specific procedural changes implemented in military investigations.