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-
tives 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 depart-
ments, prescribe in regulations a safe-to-report policy de-
scribed in subsection (b) that applies with respect to all 
members of the Armed Forces (including members of the 
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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 col-
lateral misconduct at or about the time of such sexual as-
sault, or whose minor collateral misconduct is discovered 
only as a result of the investigation into such sexual as-
sault, may report such sexual assault to proper authorities 
without fear or receipt of discipline in connection with 
such minor collateral misconduct absent aggravating cir-
cumstances that increase the gravity of the minor collat-
eral misconduct or its impact on good order and discipline. 
(c) MINOR COLLATERAL MISCONDUCT.—For pur-
poses of the safe-to-report policy, minor collateral mis-
conduct 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 sub-
section (a). 
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(d) AGGRAVATING CIRCUMSTANCES.—The regula-
tions under subsection (a) shall specify aggravating cir-
cumstances 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 in-
clude 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. 
Æ 
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