[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5738 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5738

To direct the Secretary of Defense to implement a safe-to-report policy 
                  applicable across the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2020

   Ms. Speier (for herself, Mr. Bacon, Ms. Norton, Mr. Cisneros, Mr. 
    Hastings, Ms. Castor of Florida, Mr. Cuellar, and Mr. Grijalva) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Defense to implement a safe-to-report policy 
                  applicable across the Armed Forces.

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

SECTION 1. SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES.

    (a) In General.--The Secretary of Defense shall, in consultation 
with the Secretaries of the military departments, prescribe in 
regulations a safe-to-report policy described in subsection (b) that 
applies with respect to all members of the Armed Forces (including 
members of the reserve components of the Armed Forces) and cadets and 
midshipmen at the military service academies.
    (b) Safe-To-Report Policy.--The safe-to-report policy described in 
this subsection is a policy under which a member of the Armed Forces 
who is the alleged victim of sexual assault, but who may have committed 
minor collateral misconduct at or about the time of such sexual 
assault, or whose minor collateral misconduct is discovered only as a 
result of the investigation into such sexual assault, may report such 
sexual assault to proper authorities without fear or receipt of 
discipline in connection with such minor collateral misconduct absent 
aggravating circumstances that increase the gravity of the minor 
collateral misconduct or its impact on good order and discipline.
    (c) Minor Collateral Misconduct.--For purposes of the safe-to-
report policy, minor collateral misconduct shall include any of the 
following:
            (1) Improper use or possession of alcohol.
            (2) Consensual intimate behavior (including adultery) or 
        fraternization.
            (3) Presence in an off-limits area.
            (4) Such other misconduct as the Secretary of Defense shall 
        specify in the regulations under subsection (a).
    (d) Aggravating Circumstances.--The regulations under subsection 
(a) shall specify aggravating circumstances that increase the gravity 
of minor collateral misconduct or its impact on good order and 
discipline for purposes of the safe-to-report policy.
    (e) Definitions.--In this section:
            (1) The term ``Armed Forces'' has the meaning given that 
        term in section 101(a)(4) of title 10, United States Code, 
        except such term does not include the Coast Guard.
            (2) The term ``military service academy'' means the 
        following:
                    (A) The United States Military Academy.
                    (B) The United States Naval Academy.
                    (C) The United States Air Force Academy.
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