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

I 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. HAS- TINGS, Ms. CASTOR of Florida, Mr. CUELLAR, and Mr. GRIJALVA) intro- duced 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SAFE-TO-REPORT POLICY APPLICABLE ACROSS 3 THE ARMED FORCES. 4 (a) IN GENERAL.—The Secretary of Defense shall, 5 in consultation with the Secretaries of the military depart- 6 ments, prescribe in regulations a safe-to-report policy de- 7 scribed in subsection (b) that applies with respect to all 8 members of the Armed Forces (including members of the 9 VerDate Sep 11 2014 20:44 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5738.IH H5738 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5738 IH reserve components of the Armed Forces) and cadets and 1 midshipmen at the military service academies. 2 (b) SAFE-TO-REPORT POLICY.—The safe-to-report 3 policy described in this subsection is a policy under which 4 a member of the Armed Forces who is the alleged victim 5 of sexual assault, but who may have committed minor col- 6 lateral misconduct at or about the time of such sexual as- 7 sault, or whose minor collateral misconduct is discovered 8 only as a result of the investigation into such sexual as- 9 sault, may report such sexual assault to proper authorities 10 without fear or receipt of discipline in connection with 11 such minor collateral misconduct absent aggravating cir- 12 cumstances that increase the gravity of the minor collat- 13 eral misconduct or its impact on good order and discipline. 14 (c) MINOR COLLATERAL MISCONDUCT.—For pur- 15 poses of the safe-to-report policy, minor collateral mis- 16 conduct shall include any of the following: 17 (1) Improper use or possession of alcohol. 18 (2) Consensual intimate behavior (including 19 adultery) or fraternization. 20 (3) Presence in an off-limits area. 21 (4) Such other misconduct as the Secretary of 22 Defense shall specify in the regulations under sub- 23 section (a). 24 VerDate Sep 11 2014 20:44 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5738.IH H5738 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5738 IH (d) AGGRAVATING CIRCUMSTANCES.—The regula- 1 tions under subsection (a) shall specify aggravating cir- 2 cumstances that increase the gravity of minor collateral 3 misconduct or its impact on good order and discipline for 4 purposes of the safe-to-report policy. 5 (e) DEFINITIONS.—In this section: 6 (1) The term ‘‘Armed Forces’’ has the meaning 7 given that term in section 101(a)(4) of title 10, 8 United States Code, except such term does not in- 9 clude the Coast Guard. 10 (2) The term ‘‘military service academy’’ means 11 the following: 12 (A) The United States Military Academy. 13 (B) The United States Naval Academy. 14 (C) The United States Air Force Academy. 15 Æ VerDate Sep 11 2014 20:44 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H5738.IH H5738 pamtmann on DSKBC07HB2PROD with BILLS