Military Sexual Assault Transparency and Accountability Act
This bill requires the Defense Advisory Committee on Investigations, Prosecutions, and Defense of Sexual Assault in the Armed Forces of the Department of Defense to report to Congress biennially on victims of sexual offenses who are accused of or punished for misconduct or crimes considered collateral to sexual assault investigations of military criminal investigative organizations.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5940 Introduced in House (IH)]
<DOC>
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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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