[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3272 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3272

To provide for a safe to report policy relating to alleged instances of 
         sexual assault involving members of the Armed Forces.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2020

Mrs. Gillibrand (for herself and Mr. Grassley) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
To provide for a safe to report policy relating to alleged instances of 
         sexual assault involving members of 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 and the Secretary of 
Homeland Security, 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.
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