(b) SAFE TO REPORT POLICY.—The safe to report 
policy described in this subsection is the policy, currently 
applicable in the Air Force alone, under which a member 
of the Armed Forces who is the alleged victim of sexual 
assault committed by another member of the Armed 
Forces, but who may have committed minor collateral mis-
conduct at or about the time of such sexual assault, or 
whose minor collateral misconduct at or about such time 
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 connec-
tion with such minor collateral misconduct. 
TITLE 
III—INVESTIGATION 
OF 
SEXUAL 
ASSAULT 
IN 
THE 
ARMED 
FORCES 
AND 
RE-
LATED MATTERS 
SEC. 301. EXPANSION OF PRE-REFERRAL MATTERS RE-
VIEWABLE BY MILITARY JUDGES AND MILI-
TARY MAGISTRATES IN THE INTEREST OF EF-
FICIENCY IN MILITARY JUSTICE. 
(a) IN GENERAL.—Subsection (a) of section 830a of 
title 10, United States Code (article 30a of the Uniform 
Code of Military Justice), is amended by striking para-
graphs (1) and (2) and inserting the following new para-
graphs: 
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‘‘(1) The President shall prescribe regulations for 
matters relating to proceedings conducted before referral 
of charges and specifications to court-martial for trial, in-
cluding the following: 
‘‘(A) Pre-referral investigative subpoenas. 
‘‘(B) Pre-referral warrants or orders for elec-
tronic communications. 
‘‘(C) Pre-referral matters referred by an appel-
late court. 
‘‘(D) Pre-referral matters under subsection (c) 
or (e) of section 806b of this title (article 6b). 
‘‘(E) Pre-referral matters relating to the fol-
lowing: 
‘‘(i) Pre-trial confinement of an accused. 
‘‘(ii) The mental capacity or responsibility 
of an accused. 
‘‘(iii) A request for an individual military 
counsel. 
‘‘(2) In addition to the matters specified in paragraph 
(1), the regulations prescribed under that paragraph 
shall— 
‘‘(A) set forth the matters that a military judge 
may rule upon in such proceedings; 
‘‘(B) include procedures for the review of such 
rulings; 
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‘‘(C) include appropriate limitations to ensure 
that proceedings under this section extend only to 
matters that would be subject to consideration by a 
military judge in a general or special court-martial; 
‘‘(D) provide such limitations on the relief that 
may be ordered under this section as the President 
considers appropriate; and 
‘‘(E) provide for treatment of such other pre-re-
ferral matters as the President may prescribe.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) HEADING
AMENDMENT.—The heading of 
such section is amended to read as follows: 
‘‘§ 830a. Art. 30a. Proceedings conducted before refer-
ral’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter VI of chapter 
47 of title 10, United States Code (the Uniform 
Code of Military Justice), is amended by striking the 
item relating to section 830a (article 30a) and in-
serting the following new item: 
‘‘830a. 30a. Proceedings conducted before referral.’’. 
SEC. 302. INCREASE IN NUMBER OF DIGITAL FORENSIC EX-
AMINERS FOR THE MILITARY CRIMINAL IN-
VESTIGATION ORGANIZATIONS. 
(a) IN GENERAL.—Each Secretary of a military de-
partment shall take appropriate actions to increase the 
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number of digital forensic examiners in each military 
criminal investigation organization (MCIO) under the ju-
risdiction of such Secretary by not fewer than 10 from 
the authorized number of such examiners for such organi-
zation as of September 30, 2019. 
(b) MILITARY CRIMINAL INVESTIGATION ORGANIZA-
TIONS.—For purposes of this section, the military criminal 
investigation organizations are the following: 
(1) The Army Criminal Investigation Com-
mand. 
(2) The Naval Criminal Investigative Service. 
(3) The Air Force Office of Special Investiga-
tions. 
(4) The Marine Corps Criminal Investigation 
Division. 
(c) FUNDING.—Funds for additional digital forensic 
examiners as required by subsection (a) for fiscal year 
2020, including for compensation, initial training, and 
equipment, shall be derived from amounts authorized to 
be appropriated for that fiscal year for the Armed Force 
concerned for operation and maintenance. 
SEC. 303. PILOT PROGRAMS ON DEFENSE INVESTIGATORS 
IN THE MILITARY JUSTICE SYSTEM. 
(a) IN GENERAL.—Each Secretary of a military de-
partment shall carry out a pilot program on defense inves-
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tigators within the military justice system under the juris-
diction of such Secretary in order to do the following: 
(1) Determine whether the presence of defense 
investigators within such military justice system 
will— 
(A) make such military justice system 
more effective in determining the truth; and 
(B) make such military justice system 
more fair and efficient. 
(2) Otherwise assess the feasibility and advis-
ability of defense investigators as an element of such 
military justice system. 
(b) ELEMENTS.— 
(1) MODEL
OF
SIMILAR
CIVILIAN
CRIMINAL 
JUSTICE
SYSTEMS.—Defense investigators under 
each pilot program under subsection (a) shall consist 
of personnel, and participate in the military justice 
system concerned, in a manner similar to that of de-
fense investigators in civilian criminal justice sys-
tems that are similar to the military justice systems 
of the military departments. 
(2) INTERVIEW OF VICTIM.—A defense investi-
gator may question a victim under a pilot program 
only upon a request made through the Special Vic-
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tims’ Counsel or other counsel of the victim, or trial 
counsel if the victim does not have such counsel. 
(3) UNIFORMITY
ACROSS
MILITARY
JUSTICE 
SYSTEMS.—The Secretary of Defense shall ensure 
that the personnel and activities of defense inves-
tigators under the pilot programs are, to the extent 
practicable, uniform across the military justice sys-
tems of the military departments. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than three years 
after the date of the enactment of this Act, the Sec-
retary of Defense shall, in consultation with the Sec-
retaries of the military departments, submit to the 
Committees on Armed Services of the Senate and 
the House of Representatives a report on the pilot 
programs under subsection (a). 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) A description of each pilot program, 
including the personnel and activities of defense 
investigators under such pilot program. 
(B) An assessment of the feasibility and 
advisability of establishing and maintaining de-
fense investigators as an element of the military 
justice systems of the military departments. 
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(C) If the assessment under subparagraph 
(B) is that the establishment and maintenance 
of defense investigators as an element of the 
military justice systems of the military depart-
ments is feasible and advisable, such rec-
ommendations for legislative and administrative 
action as the Secretary of Defense considers ap-
propriate to establish and maintain defense in-
vestigators as an element of the military justice 
systems. 
(D) Any other matters the Secretary of 
Defense considers appropriate. 
SEC. 304. REPORT ON MECHANISMS TO ENHANCE THE IN-
TEGRATION AND SYNCHRONIZATION OF AC-
TIVITIES OF SPECIAL VICTIM INVESTIGATION 
AND PROSECUTION PERSONNEL WITH AC-
TIVITIES OF MILITARY CRIMINAL INVESTIGA-
TION ORGANIZATIONS. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall, in con-
sultation with the Secretaries of the military departments, 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report setting 
forth proposals for various mechanisms to enhance the in-
tegration and synchronization of activities of Special Vic-
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tim Investigation and Prosecution (SVIP) personnel with 
activities of military criminal investigation organizations 
(MCIOs) in investigations in which both such personnel 
are or may be involved. If the proposed mechanisms re-
quire legislative or administration action for implementa-
tion, the report shall set forth such recommendations for 
such action as the Secretary of Defense considers appro-
priate. 
TITLE IV—PROSECUTION 
MATTERS 
SEC. 401. PUNITIVE ARTICLE IN THE UNIFORM CODE OF 
MILITARY JUSTICE ON SEXUAL HARASSMENT 
AFFECTING THE DUTIES, WORK, OR CAREER 
OF A MEMBER OF THE ARMED FORCES. 
(a) IN GENERAL.—Subchapter X of chapter 47 of 
title 10, United States Code (the Uniform Code of Military 
Justice), is amended by inserting after section 920c (arti-
cle 120c) the following new section (article): 
‘‘§ 920d. Art. 120d. Sexual harassment affecting the 
duties, work, or career of a member of 
the armed forces 
‘‘(a) IN GENERAL.—Any person subject to this chap-
ter who, under any condition specified in subsection (b), 
commits sexual harassment of a member of an armed 
force shall be punished as a court-martial may direct. 
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‘‘(b) CONDITIONS SPECIFIED.—The conditions re-
ferred to in subsection (a) are any of the following: 
‘‘(1) The accused, implicitly or explicitly, com-
municates to the member that submission by the 
member to the harassment is necessary— 
‘‘(A) to prevent adverse effects on the as-
signment, advancement, duties, or working con-
ditions of the member; or 
‘‘(B) to assure positive effects on the as-
signment, advancement, duties, or working con-
ditions of the member. 
‘‘(2) The accused, because of any response (by 
submission, rejection, or otherwise) of the member 
to the harassment, takes any action to affect, posi-
tively or negatively, the assignment, advancement, 
duties, or working conditions of the member. 
‘‘(3) The purpose of the harassment is to create 
an intimidating, hostile, or offensive work environ-
ment for the member or the harassment is carried 
out in a manner that would cause a reasonable per-
son to perceive that the work environment is intimi-
dating, hostile, or offensive. 
‘‘(4) The purpose of the harassment is to inter-
fere with the duties or work performance of the 
member or the harassment is carried out in a man-
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ner that would interfere with the duties or work per-
formance of a reasonable person. 
‘‘(c) CONDONATION BY SUPERIOR.—Any person sub-
ject to this chapter who— 
‘‘(1) has a command or supervisory responsi-
bility for a member of an armed force; and 
‘‘(2) condones or permits to occur any violation 
of subsection (a) with respect to the member, 
shall be punished as a court-martial may direct. 
‘‘(d) MILITARY CONNECTION.—Sexual harassment 
under subsection (a) and condonation under subsection (c) 
are offenses— 
‘‘(1) if committed in any circumstance with a 
connection to the military status of the member in-
volved; and 
‘‘(2) whether or not the conduct takes place 
during official duty hours or at an official duty sta-
tion or place of work. 
‘‘(e) SEXUAL HARASSMENT DEFINED.—In this sec-
tion (article), the term ‘sexual harassment’ means, with 
respect to a member of an armed force, any unwelcome— 
‘‘(1) sexual advance; 
‘‘(2) request for sexual favors; 
‘‘(3) comment of a sexual nature; or 
‘‘(4) gesture of a sexual nature.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter X of chapter 47 of title 
10, United States Code (the Uniform Code of Military 
Justice), is amended by inserting after the item relating 
to section 920c (article 120c) the following new item: 
‘‘920d. 120d. Sexual harassment affecting the duties, work, or career of a mem-
ber of the armed forces.’’. 
SEC. 402. NON-BINDING GUIDELINES ON SENTENCES OF 
CONFINEMENT FOR CONVICTIONS OF OF-
FENSES UNDER THE UNIFORM CODE OF MILI-
TARY JUSTICE. 
(a) IN GENERAL.—The Military Justice Review 
Panel shall establish and from time to time revise guide-
lines on the following: 
(1) The range of sentences of confinement ap-
propriate for imposition upon conviction for each of-
fense specified in subchapter X of chapter 47 of title 
10, United States Code (the Uniform Code of Mili-
tary Justice), for which confinement is an authorized 
sentence. 
(2) The parameters and criteria to be taken 
into account in imposing a sentence of confinement 
upon conviction for each such offense. 
(b) CONSIDERATIONS.—In establishing and revising 
guidelines pursuant to this section, the Military Justice 
Review Panel shall take into consideration data on the ad-
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