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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 539A

Sec. 539A. SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES

364 words·~2 min read·/statute-compilations/comps-16736/sec-539a

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## SEC. 539A SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES **[**[10 U.S.C. 1561 note](/us/usc/t10/s1561)**]** ###
(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 that prescribes the handling of minor collateral misconduct involving a member of the Armed Forces who is the alleged victim of sexual assault. ###
(c)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. ###
(d)Tracking of Collateral Misconduct Incidents In conjunction with the issuance of regulations under subsection (a), Secretary shall develop and implement a process to track incidents of minor collateral misconduct that are subject to 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. ####
(3)The term “minor collateral misconduct” means any minor misconduct that is potentially punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that— #####
(A)is committed close in time to or during the sexual assault, and directly related to the incident that formed the basis of the sexual assault allegation; #####
(B)is discovered as a direct result of the report of sexual assault or the ensuing investigation into the sexual assault; and #####
(C)does not involve aggravating circumstances (as specified in the regulations prescribed under subsection (c)) that increase the gravity of the minor misconduct or its impact on good order and discipline.
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Sec. 539A
SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES
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