II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Support for Survivors 

5 Act’’. 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•S 658 IS

1 SEC. 2. PRESERVATION OF DOCUMENTARY EVIDENCE OF 

2 DEPARTMENT OF DEFENSE ON INCIDENTS 

3 OF SEXUAL ASSAULT AND SEXUAL HARASS4 MENT IN THE MILITARY. 

5 (a) IDENTIFICATION OF MEANS OF PRESERVA6 TION.— 

7 (1) IN GENERAL.—The Secretary of Defense 

8 shall, in consultation with the Secretary of Veterans 

9 Affairs, identify the most appropriate and effective 

10 means for the preservation by the Department of 

11 Defense of documentary evidence of the Department 

12 on covered incidents of sexual assault and sexual 

13 harassment during the life of the victims of such in14 cidents. The means so identified shall be a single 

15 means that is used uniformly by all the military de16 partments. 

17 (2) DOCUMENTARY EVIDENCE.—For purposes 

18 of this section, documentary evidence on covered in19 cidents of sexual assault and sexual harassment 

20 means the following: 

21 (A) All forms, reports, or other documents, 

22 whether in paper or electronic form, currently 

23 generated by the Department of Defense at the 

24 time of, or otherwise in connection with, a re25 port or allegation regarding a covered incident 

26 of sexual assault or sexual harassment. 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•S 658 IS

1 (B) Such other form, report, or document 

2 as may be established by the Secretary of De3 fense, in consultation with the Secretary of Vet4 erans Affairs, for purposes of compliance with 

5 the requirements of this section as a result of 

6 the work of the joint task force under para7 graph (6). 

8 (3) REQUIREMENTS FOR MEANS IDENTIFIED.— 

9 The means for the preservation of documentary evi10 dence identified under this subsection shall ensure 

11 the following: 

12 (A) The preservation by the Department of 

13 Defense of documentary evidence of the Depart14 ment on covered incidents of sexual assault and 

15 sexual harassment during the life of the victims 

16 of such incidents. 

17 (B) The full protection of the privacy of 

18 the victims, including, where applicable, the 

19 preservation of the nature of the documentary 

20 evidence as restricted or unrestricted. 

21 (C) Lifetime access of the victim to the 

22 documentary evidence, whether or not while a 

23 member of the Armed Forces, including for 

24 purposes of the submittal or development of a 

25 claim for benefits from the Department of VetVerDate Mar 15 2010 23:19 Mar 28, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S658.IS S658

srobinson on DSKHWCL6B1PROD with BILLS
4 

•S 658 IS

1 erans Affairs and for use in a criminal or civil 

2 proceeding in connection with a covered inci3 dent of sexual assault or sexual harassment. 

4 (D) On-going access by the Department of 

5 Defense to the documentary evidence (with per6 sonal identifying information redacted in the 

7 case of restricted reports) for purposes of re8 search, reporting, and training by the Depart9 ment regarding incidents of sexual assault and 

10 sexual harassment and for such other purposes 

11 as the Secretary of Defense considers appro12 priate. 

13 (E) On-going access by the Department of 

14 Veterans Affairs to the documentary evidence 

15 for purposes of assisting an individual in the 

16 submittal or development of a claim for benefits 

17 from the Department, but only if the individual 

18 expressly authorizes such access by the Depart19 ment for such purposes. 

20 (4) METHOD OF PRESERVATION.—The means 

21 for the preservation of documentary evidence identi22 fied under this subsection shall provide for the pres23 ervation of such evidence in digitized, electronic 

24 form. 


srobinson on DSKHWCL6B1PROD with BILLS
5 

•S 658 IS

1 (5) UTILIZATION OF CURRENT MEANS OF PRES2 ERVATION.—The means for the preservation of doc3 umentary evidence identified under this subsection 

4 may utilize or incorporate elements of databases or 

5 other means of document preservation currently em6 ployed by the Department of Defense, subject to the 

7 requirements of this subsection. 

8 (6) JOINT TASK FORCE ON SUPERSEDING

9 FORM.— 

10 (A) IN GENERAL.—The Secretary of De11 fense and the Secretary of Veterans Affairs 

12 shall establish a joint task force for purposes of 

13 recommending to the Secretary of Defense 

14 whether or not to establish under paragraph 

15 (2)(B) a form, report, or document to be gen16 erated by the Department of Defense in lieu of 

17 the forms, reports, and documents described in 

18 paragraph (2)(A). The task force shall be com19 posed of officers and employees of the Depart20 ment of Defense and the Department of Vet21 erans Affairs appointed to the task force by the 

22 Secretary of Defense and the Secretary of Vet23 erans Affairs, as applicable. 

24 (B) REPORT.—The joint task force shall 

25 submit to the Secretary of Defense and the SecVerDate Mar 15 2010 23:19 Mar 28, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S658.IS S658

srobinson on DSKHWCL6B1PROD with BILLS
6 

•S 658 IS

1 retary of Veterans Affairs a report setting forth 

2 the recommendation of the task force under 

3 subparagraph (A). If the recommendation is to 

4 establish a form, report, or document, the re5 port shall include a proposal for such form, re6 port, or document. 

7 (7) REPORT.—Not later than 180 days after 

8 the date of the enactment of this Act, the Secretary 

9 of Defense shall submit to Congress a report on the 

10 means for the preservation of documentary evidence 

11 in covered incidents of sexual assault and sexual 

12 harassment identified under this subsection. The re13 port shall set forth the following: 

14 (A) A comprehensive description of the 

15 means for the preservation of documentary evi16 dence identified under this subsection. 

17 (B) A description of the work of the joint 

18 task force under paragraph (6), including the 

19 form, report, or document, if any, to be estab20 lished under paragraph (2)(A) as a result of 

21 such work. 

22 (C) A plan for the implementation of the 

23 means so identified by the Department of De24 fense. 


srobinson on DSKHWCL6B1PROD with BILLS
7 

•S 658 IS

1 (D) Such recommendations for additional 

2 legislative or administrative action as the Sec3 retary considers appropriate. 

4 (b) IMPLEMENTATION OF IDENTIFIED MEANS OF

5 PRESERVATION.— 

6 (1) IN GENERAL.—The Secretary of Defense 

7 shall provide for the implementation by the military 

8 departments of the means for the preservation of 

9 documentary evidence on covered incidents of sexual 

10 assault and sexual harassment identified under sub11 section (a) by not later than 18 months after the 

12 date of the enactment of this Act. If the Secretary 

13 establishes a form, report, or document under sub14 section (a)(2)(B), the means so implemented shall 

15 provide for the preservation of such evidence uti16 lizing such form, report, or document. 

17 (2) INTERIM MEANS.—If the means for the 

18 preservation of documentary evidence identified 

19 under subsection (a) is not fully implementable by 

20 the deadline specified in paragraph (1), the Sec21 retary shall implement such means to the extent 

22 practicable, but may utilize additional appropriate 

23 means for the preservation of such evidence (includ24 ing the preservation of such evidence in paper form) 


srobinson on DSKHWCL6B1PROD with BILLS
8 

•S 658 IS

1 on an interim basis pending the full implementation 

2 of such means. 

3 (3) REPORTS.—Not later than one year after 

4 the completion of the implementation of the means 

5 for the preservation of documentary evidence by the 

6 military departments under paragraph (1), and 

7 every year thereafter for the next two years, the Sec8 retary of Defense shall submit to Congress a report 

9 on the implementation of the means for the preser10 vation of documentary evidence. Each report shall 

11 set forth the following: 

12 (A) A current description and assessment 

13 of the implementation by the military depart14 ments of the means for the preservation of doc15 umentary evidence. 

16 (B) For the one-year period ending on the 

17 date of such report, the following: 

18 (i) In consultation with the Secretary 

19 of Veterans Affairs, a statement of the 

20 number of individuals who sought docu21 mentary evidence preserved by such means 

22 for the submittal or development of a claim 

23 for benefits from the Department of Vet24 erans Affairs. 


srobinson on DSKHWCL6B1PROD with BILLS
9 

•S 658 IS

1 (ii) A description and assessment of 

2 efforts to inform members of the Armed 

3 Forces regarding the preservation of docu4 mentary evidence on covered incidents of 

5 sexual assault and sexual harassment and 

6 of means for accessing evidence so pre7 served. 

8 (C) Such recommendations for additional 

9 legislative or administrative action as the Sec10 retary of Defense considers appropriate. 

11 (c) DEFINITIONS.—In this section: 

12 (1) The term ‘‘covered incident of sexual as13 sault or sexual harassment’’ means an incident of 

14 sexual assault or sexual harassment in which a 

15 member of the Armed Forces is the victim. 

16 (2) The term ‘‘sexual assault’’ means the fol17 lowing: 

18 (A) Rape. 

19 (B) Sexual assault. 

20 (C) Any other sexual misconduct covered 

21 by section 920 of title 10, United States Code 

22 (article 120 of the Uniform Code of Military 

23 Justice). 

24 (D) Sodomy. 


srobinson on DSKHWCL6B1PROD with BILLS
10 

•S 658 IS

1 (E) Any other intentional sexual contact, 

2 characterized by use of force, threats, intimida3 tion, abuse of authority, or when the victim 

4 does not or cannot consent. 

5 (F) Any other unwanted sexual contact 

6 that is aggravated, abusive, or wrongful, includ7 ing unwanted and inappropriate sexual contact. 

8 (G) Any attempt to commit an act speci9 fied in subparagraphs (A) through (F). 

10 (3) The term ‘‘sexual harassment’’ means sex11 ual discrimination that involves unwelcome sexual 

12 advances, requests for sexual favors, or other verbal 

13 or physical conduct of a sexual nature when— 

14 (A) submission to or rejection of such con15 duct is made either explicitly or implicitly a 

16 term or condition of a person’s service, pay, or 

17 retention or promotion in the Armed Forces; 

18 (B) submission to or rejection of such con19 duct by a person is used as a basis for decisions 

20 affecting the person’s service, pay, or retention 

21 or promotion in the Armed Forces; or 

22 (C) such conduct interferes with a person’s 

23 performance of duty in the Armed Forces or 


srobinson on DSKHWCL6B1PROD with BILLS
11 

•S 658 IS

1 creates an intimidating, hostile, or offensive en2 vironment for the performance of such duty. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS