[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5940 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5940

 To require the Secretary of Defense to submit to Congress a report on 
 victims in military criminal investigative organization reports, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2018

Ms. Kuster of New Hampshire (for herself, Mrs. Love, and Mrs. Dingell) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Defense to submit to Congress a report on 
 victims in military criminal investigative organization reports, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Sexual Assault Transparency 
and Accountability Act''.

SEC. 2. REPORT ON VICTIMS IN MCIO REPORTS.

    Not later than September 30, 2019, and not less than once every two 
years thereafter, the Secretary of Defense, through the Defense 
Advisory Committee on Investigations, Prosecutions, and Defense of 
Sexual Assault in the Armed Forces, shall submit to Congress a report 
regarding the frequency at which individuals, who are identified as 
victims of sexual offenses in case files of military criminal 
investigative organizations (hereinafter in this section referred to as 
``MCIO''), are accused of or punished for misconduct or crimes 
considered collateral to the investigation of sexual assault during the 
MCIO investigations in which the individuals were so identified.

SEC. 3. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT PREVENTION AND 
              RESPONSE EFFORTS OF THE ARMED FORCES OF INFORMATION ON 
              COLLATERAL MISCONDUCT IN CONNECTION WITH REPORTS OF 
              SEXUAL ASSAULT IN THE ARMED FORCES.

    Section 1631 of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is 
amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(15) Information on each disciplinary action related to 
        collateral misconduct in connection with a report of sexual 
        assault in the Armed Forces made by or against a member of the 
        Armed Forces as follows:
                    ``(A) A narrative description of each disciplinary 
                action.
                    ``(B) The nature of each disciplinary action, 
                including whether the member of the Armed Forces 
                receiving such disciplinary action alleged professional 
                or social retaliation in connection with such 
                disciplinary action.
                    ``(C) The sex of the member disciplined.
                    ``(D) The official or office that initiated the 
                disciplinary action.
                    ``(E) The organization that investigated the 
                conduct that led to the disciplinary action.
                    ``(F) The official or office that adjudicated the 
                disciplinary action.
                    ``(G) The official or office that administered the 
                disciplinary action.
                    ``(H) The status of the investigation into the 
                related claim of sexual assault at the time 
                disciplinary action for collateral misconduct was 
                adjudicated.
                    ``(I) If the investigation into the sexual assault 
                is complete, a description of the results of the 
                investigation, including whether the investigation led 
                to charges under chapter 47 of title 10, United States 
                Code (the Uniform Code of Military Justice).
                    ``(J) If the sexual assault investigation resulted 
                in charges under chapter 47 of title 10, United States 
                Code, whether those charges were under Article 120.
                    ``(K) If the sexual assault investigation resulted 
                in charges under chapter 47 of title 10, United States 
                Code, the final disposition of those charges.''; and
            (2) by adding at the end the following new subsection:
    ``(h) Definitions.--In this section:
            ``(1) The term `collateral misconduct' means victim 
        misconduct that might be in time, place, or circumstance 
        associated with the victim's sexual assault incident or victim 
        misconduct that was exposed only as a result of the sexual 
        assault investigation.
            ``(2) The term `disciplinary action' means any adverse 
        action, including administrative action (including corrective 
        measures such as counseling, letter of reprimand, negative 
        performance evaluation, admonition, reprimand, exhortation, 
        disapproval, criticism, censure, reproach, rebuke, extra 
        military instruction, or other administrative withholding of 
        privileges, or any combination thereof) and criminal punishment 
        (including non-judicial punishment, court martial, 
        administrative discharge, or any combination thereof).''.

SEC. 4. UNIFORM COLLECTION OF DATA ON COLLATERAL MISCONDUCT IN 
              CONNECTION WITH REPORTS OF SEXUAL ASSAULT IN THE ARMED 
              FORCES.

    (a) In General.--Section 563 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4470) is amended--
            (1) in subsection (a), by striking ``and the outcome of any 
        legal proceedings in connection with the assault'' and 
        inserting ``, the outcome of any legal proceedings in 
        connection with the assault, and any disciplinary action for 
        collateral misconduct related to the assault''; and
            (2) by adding at the end the following new subsection:
    ``(f) Definitions.--In this section:
            ``(1) The term `collateral misconduct' means victim 
        misconduct that might be in time, place, or circumstance 
        associated with the victim's sexual assault incident or victim 
        misconduct that was exposed only as a result of the sexual 
        assault investigation.
            ``(2) The term `disciplinary action' means any adverse 
        action, including administrative action (including corrective 
        measures such as counseling, letter of reprimand, negative 
        performance evaluation, admonition, reprimand, exhortation, 
        disapproval, criticism, censure, reproach, rebuke, extra 
        military instruction, or other administrative withholding of 
        privileges, or any combination thereof) and criminal punishment 
        (including non-judicial punishment, court martial, 
        administrative discharge, or any combination thereof).''.
    (b) Plan for Implementation.--Not later than 90 days after the date 
of enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a plan to provide for the 
implementation of case-level tracking of disciplinary actions for 
collateral misconduct as required by the amendments made by subsection 
(a).
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