Support for Survivors Act - Directs the Secretary of Defense to identify the most appropriate and effective means for the preservation by the Department of Defense (DOD) of documentary evidence of incidents of sexual assault or harassment in which a member of the Armed Forces is the victim (covered incidents), which shall be the sole means used by all the military departments. Requires the means identified to be in electronic form and to include the full protection of the victim's privacy and lifetime access to such evidence.
Directs the Secretary and the Secretary of Veterans Affairs (VA) to establish a joint task force to determine whether to establish a documentary evidence form, report, or document in lieu of forms, reports, and documents currently generated by DOD.
Requires the Secretary to: (1) report to Congress on the means of preservation identified; and (2) provide for the implementation of such means by the military departments within 18 months after the enactment of this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1260 Introduced in House (IH)]
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 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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Military Personnel.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line