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

Bill: 116-hr-5738
Sponsor: full_name: Rep. Speier, Jackie [D-CA-14]
Introduced: 2020-01-30
Policy area: Armed Forces and National Security
Subjects: Administrative law and regulatory procedures

Assault and harassment offenses

Crime victims

Criminal investigation, prosecution, interrogation

Department of Defense

Drug, alcohol, tobacco use

Military education and training

Military law

Military personnel and dependents

National Guard and reserves

Sex offenses
Latest action: action_date: 2020-01-30
text: Referred to the House Committee on Armed Services.

Summaries:
action_date: 2020-01-30
action_desc: Introduced in House
text: <p>This bill requires the Department of Defense to establish a safe-to-report policy for (1) members of the Armed Forces, including members of reserve components but excluding the Coast Guard; and (2) cadets and midshipmen at the military service academies.</p> <p>The policy must allow an alleged victim of sexual assault to report the assault without fear or receipt of discipline, absent aggravating circumstances<b>, </b>for minor collateral misconduct.</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 5738 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.

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.