I 
112TH CONGRESS 
1ST SESSION H. R. 1260 
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 HOUSE OF REPRESENTATIVES 
MARCH 30, 2011 
Mr. BRALEY of Iowa (for himself, Mr. POE of Texas, Ms. PINGREE of Maine, 
and Ms. SLAUGHTER) introduced the following bill; which was referred 
to the Committee on Armed Services, and in addition to the Committee 
on Veterans’ Affairs, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide for the preservation by the Department of De-
fense of documentary evidence of the Department of 
Defense on incidents of sexual assault and sexual harass-
ment in the military, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Support for Survivors 
Act’’. 
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SEC. 2. PRESERVATION OF DOCUMENTARY EVIDENCE OF 
DEPARTMENT OF DEFENSE ON INCIDENTS 
OF SEXUAL ASSAULT AND SEXUAL HARASS-
MENT IN THE MILITARY. 
(a) IDENTIFICATION
OF
MEANS
OF
PRESERVA-
TION.— 
(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 in-
cidents. The means so identified shall be a single 
means that is used uniformly by all the military de-
partments. 
(2) DOCUMENTARY EVIDENCE.—For purposes 
of this section, documentary evidence on covered in-
cidents 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 re-
port or allegation regarding a covered incident 
of sexual assault or sexual harassment. 
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(B) Such other form, report, or document 
as may be established by the Secretary of De-
fense, in consultation with the Secretary of Vet-
erans Affairs, for purposes of compliance with 
the requirements of this section as a result of 
the work of the joint task force under para-
graph (6). 
(3) REQUIREMENTS FOR MEANS IDENTIFIED.— 
The means for the preservation of documentary evi-
dence identified under this subsection shall ensure 
the following: 
(A) The preservation by the Department of 
Defense of documentary evidence of the Depart-
ment 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 Vet-
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erans Affairs and for use in a criminal or civil 
proceeding in connection with a covered inci-
dent of sexual assault or sexual harassment. 
(D) On-going access by the Department of 
Defense to the documentary evidence (with per-
sonal identifying information redacted in the 
case of restricted reports) for purposes of re-
search, reporting, and training by the Depart-
ment regarding incidents of sexual assault and 
sexual harassment and for such other purposes 
as the Secretary of Defense considers appro-
priate. 
(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 Depart-
ment for such purposes. 
(4) METHOD OF PRESERVATION.—The means 
for the preservation of documentary evidence identi-
fied under this subsection shall provide for the pres-
ervation of such evidence in digitized, electronic 
form. 
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(5) UTILIZATION OF CURRENT MEANS OF PRES-
ERVATION.—The means for the preservation of doc-
umentary evidence identified under this subsection 
may utilize or incorporate elements of databases or 
other means of document preservation currently em-
ployed 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 De-
fense 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 gen-
erated by the Department of Defense in lieu of 
the forms, reports, and documents described in 
paragraph (2)(A). The task force shall be com-
posed of officers and employees of the Depart-
ment of Defense and the Department of Vet-
erans Affairs appointed to the task force by the 
Secretary of Defense and the Secretary of Vet-
erans Affairs, as applicable. 
(B) REPORT.—The joint task force shall 
submit to the Secretary of Defense and the Sec-
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retary 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 re-
port shall include a proposal for such form, re-
port, 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 re-
port shall set forth the following: 
(A) A comprehensive description of the 
means for the preservation of documentary evi-
dence 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 estab-
lished 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 De-
fense. 
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(D) Such recommendations for additional 
legislative or administrative action as the Sec-
retary 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 sub-
section (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 sub-
section (a)(2)(B), the means so implemented shall 
provide for the preservation of such evidence uti-
lizing 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 Sec-
retary shall implement such means to the extent 
practicable, but may utilize additional appropriate 
means for the preservation of such evidence (includ-
ing the preservation of such evidence in paper form) 
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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 Sec-
retary of Defense shall submit to Congress a report 
on the implementation of the means for the preser-
vation of documentary evidence. Each report shall 
set forth the following: 
(A) A current description and assessment 
of the implementation by the military depart-
ments of the means for the preservation of doc-
umentary 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 docu-
mentary evidence preserved by such means 
for the submittal or development of a claim 
for benefits from the Department of Vet-
erans Affairs. 
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(ii) A description and assessment of 
efforts to inform members of the Armed 
Forces regarding the preservation of docu-
mentary evidence on covered incidents of 
sexual assault and sexual harassment and 
of means for accessing evidence so pre-
served. 
(C) Such recommendations for additional 
legislative or administrative action as the Sec-
retary of Defense considers appropriate. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered incident of sexual as-
sault 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 fol-
lowing: 
(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. 
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(E) Any other intentional sexual contact, 
characterized by use of force, threats, intimida-
tion, abuse of authority, or when the victim 
does not or cannot consent. 
(F) Any other unwanted sexual contact 
that is aggravated, abusive, or wrongful, includ-
ing unwanted and inappropriate sexual contact. 
(G) Any attempt to commit an act speci-
fied in subparagraphs (A) through (F). 
(3) The term ‘‘sexual harassment’’ means sex-
ual 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 con-
duct 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 con-
duct 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 
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creates an intimidating, hostile, or offensive en-
vironment for the performance of such duty. 
Æ 
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