[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 658 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 658

    To provide for the preservation by the Department of Defense of 
   documentary evidence of the Department of Defense on incidents of 
  sexual assault and sexual harassment in the military, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2011

    Ms. Klobuchar (for herself, Ms. Snowe, Ms. Murkowski, and Mrs. 
  McCaskill) introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
    To provide for the preservation by the Department of Defense of 
   documentary evidence of the Department of Defense on incidents of 
  sexual assault and sexual harassment in the military, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Support for Survivors Act''.

SEC. 2. PRESERVATION OF DOCUMENTARY EVIDENCE OF DEPARTMENT OF DEFENSE 
              ON INCIDENTS OF SEXUAL ASSAULT AND SEXUAL HARASSMENT IN 
              THE MILITARY.

    (a) Identification of Means of Preservation.--
            (1) In general.--The Secretary of Defense shall, in 
        consultation with the Secretary of Veterans Affairs, identify 
        the most appropriate and effective means for the preservation 
        by the Department of Defense of documentary evidence of the 
        Department on covered incidents of sexual assault and sexual 
        harassment during the life of the victims of such incidents. 
        The means so identified shall be a single means that is used 
        uniformly by all the military departments.
            (2) Documentary evidence.--For purposes of this section, 
        documentary evidence on covered incidents of sexual assault and 
        sexual harassment means the following:
                    (A) All forms, reports, or other documents, whether 
                in paper or electronic form, currently generated by the 
                Department of Defense at the time of, or otherwise in 
                connection with, a report or allegation regarding a 
                covered incident of sexual assault or sexual 
                harassment.
                    (B) Such other form, report, or document as may be 
                established by the Secretary of Defense, in 
                consultation with the Secretary of Veterans Affairs, 
                for purposes of compliance with the requirements of 
                this section as a result of the work of the joint task 
                force under paragraph (6).
            (3) Requirements for means identified.--The means for the 
        preservation of documentary evidence identified under this 
        subsection shall ensure the following:
                    (A) The preservation by the Department of Defense 
                of documentary evidence of the Department on covered 
                incidents of sexual assault and sexual harassment 
                during the life of the victims of such incidents.
                    (B) The full protection of the privacy of the 
                victims, including, where applicable, the preservation 
                of the nature of the documentary evidence as restricted 
                or unrestricted.
                    (C) Lifetime access of the victim to the 
                documentary evidence, whether or not while a member of 
                the Armed Forces, including for purposes of the 
                submittal or development of a claim for benefits from 
                the Department of Veterans Affairs and for use in a 
                criminal or civil proceeding in connection with a 
                covered incident of sexual assault or sexual 
                harassment.
                    (D) On-going access by the Department of Defense to 
                the documentary evidence (with personal identifying 
                information redacted in the case of restricted reports) 
                for purposes of research, reporting, and training by 
                the Department regarding incidents of sexual assault 
                and sexual harassment and for such other purposes as 
                the Secretary of Defense considers appropriate.
                    (E) On-going access by the Department of Veterans 
                Affairs to the documentary evidence for purposes of 
                assisting an individual in the submittal or development 
                of a claim for benefits from the Department, but only 
                if the individual expressly authorizes such access by 
                the Department for such purposes.
            (4) Method of preservation.--The means for the preservation 
        of documentary evidence identified under this subsection shall 
        provide for the preservation of such evidence in digitized, 
        electronic form.
            (5) Utilization of current means of preservation.--The 
        means for the preservation of documentary evidence identified 
        under this subsection may utilize or incorporate elements of 
        databases or other means of document preservation currently 
        employed by the Department of Defense, subject to the 
        requirements of this subsection.
            (6) Joint task force on superseding form.--
                    (A) In general.--The Secretary of Defense and the 
                Secretary of Veterans Affairs shall establish a joint 
                task force for purposes of recommending to the 
                Secretary of Defense whether or not to establish under 
                paragraph (2)(B) a form, report, or document to be 
                generated by the Department of Defense in lieu of the 
                forms, reports, and documents described in paragraph 
                (2)(A). The task force shall be composed of officers 
                and employees of the Department of Defense and the 
                Department of Veterans Affairs appointed to the task 
                force by the Secretary of Defense and the Secretary of 
                Veterans Affairs, as applicable.
                    (B) Report.--The joint task force shall submit to 
                the Secretary of Defense and the Secretary of Veterans 
                Affairs a report setting forth the recommendation of 
                the task force under subparagraph (A). If the 
                recommendation is to establish a form, report, or 
                document, the report shall include a proposal for such 
                form, report, or document.
            (7) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        Congress a report on the means for the preservation of 
        documentary evidence in covered incidents of sexual assault and 
        sexual harassment identified under this subsection. The report 
        shall set forth the following:
                    (A) A comprehensive description of the means for 
                the preservation of documentary evidence identified 
                under this subsection.
                    (B) A description of the work of the joint task 
                force under paragraph (6), including the form, report, 
                or document, if any, to be established under paragraph 
                (2)(A) as a result of such work.
                    (C) A plan for the implementation of the means so 
                identified by the Department of Defense.
                    (D) Such recommendations for additional legislative 
                or administrative action as the Secretary considers 
                appropriate.
    (b) Implementation of Identified Means of Preservation.--
            (1) In general.--The Secretary of Defense shall provide for 
        the implementation by the military departments of the means for 
        the preservation of documentary evidence on covered incidents 
        of sexual assault and sexual harassment identified under 
        subsection (a) by not later than 18 months after the date of 
        the enactment of this Act. If the Secretary establishes a form, 
        report, or document under subsection (a)(2)(B), the means so 
        implemented shall provide for the preservation of such evidence 
        utilizing such form, report, or document.
            (2) Interim means.--If the means for the preservation of 
        documentary evidence identified under subsection (a) is not 
        fully implementable by the deadline specified in paragraph (1), 
        the Secretary shall implement such means to the extent 
        practicable, but may utilize additional appropriate means for 
        the preservation of such evidence (including the preservation 
        of such evidence in paper form) on an interim basis pending the 
        full implementation of such means.
            (3) Reports.--Not later than one year after the completion 
        of the implementation of the means for the preservation of 
        documentary evidence by the military departments under 
        paragraph (1), and every year thereafter for the next two 
        years, the Secretary of Defense shall submit to Congress a 
        report on the implementation of the means for the preservation 
        of documentary evidence. Each report shall set forth the 
        following:
                    (A) A current description and assessment of the 
                implementation by the military departments of the means 
                for the preservation of documentary evidence.
                    (B) For the one-year period ending on the date of 
                such report, the following:
                            (i) In consultation with the Secretary of 
                        Veterans Affairs, a statement of the number of 
                        individuals who sought documentary evidence 
                        preserved by such means for the submittal or 
                        development of a claim for benefits from the 
                        Department of Veterans Affairs.
                            (ii) A description and assessment of 
                        efforts to inform members of the Armed Forces 
                        regarding the preservation of documentary 
                        evidence on covered incidents of sexual assault 
                        and sexual harassment and of means for 
                        accessing evidence so preserved.
                    (C) Such recommendations for additional legislative 
                or administrative action as the Secretary of Defense 
                considers appropriate.
    (c) Definitions.--In this section:
            (1) The term ``covered incident of sexual assault or sexual 
        harassment'' means an incident of sexual assault or sexual 
        harassment in which a member of the Armed Forces is the victim.
            (2) The term ``sexual assault'' means the following:
                    (A) Rape.
                    (B) Sexual assault.
                    (C) Any other sexual misconduct covered by section 
                920 of title 10, United States Code (article 120 of the 
                Uniform Code of Military Justice).
                    (D) Sodomy.
                    (E) Any other intentional sexual contact, 
                characterized by use of force, threats, intimidation, 
                abuse of authority, or when the victim does not or 
                cannot consent.
                    (F) Any other unwanted sexual contact that is 
                aggravated, abusive, or wrongful, including unwanted 
                and inappropriate sexual contact.
                    (G) Any attempt to commit an act specified in 
                subparagraphs (A) through (F).
            (3) The term ``sexual harassment'' means sexual 
        discrimination that involves unwelcome sexual advances, 
        requests for sexual favors, or other verbal or physical conduct 
        of a sexual nature when--
                    (A) submission to or rejection of such conduct is 
                made either explicitly or implicitly a term or 
                condition of a person's service, pay, or retention or 
                promotion in the Armed Forces;
                    (B) submission to or rejection of such conduct by a 
                person is used as a basis for decisions affecting the 
                person's service, pay, or retention or promotion in the 
                Armed Forces; or
                    (C) such conduct interferes with a person's 
                performance of duty in the Armed Forces or creates an 
                intimidating, hostile, or offensive environment for the 
                performance of such duty.
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