I 
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 or-
ganization reports, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 Investiga-
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tions, Prosecutions, and Defense of Sexual Assault in the 
Armed Forces, shall submit to Congress a report regard-
ing the frequency at which individuals, who are identified 
as victims of sexual offenses in case files of military crimi-
nal investigative organizations (hereinafter in this section 
referred to as ‘‘MCIO’’), are accused of or punished for 
misconduct or crimes considered collateral to the inves-
tigation of sexual assault during the MCIO investigations 
in which the individuals were so identified. 
SEC. 3. INCLUSION IN ANNUAL REPORTS ON SEXUAL AS-
SAULT 
PREVENTION 
AND 
RESPONSE 
EF-
FORTS OF THE ARMED FORCES OF INFORMA-
TION ON COLLATERAL MISCONDUCT IN CON-
NECTION WITH REPORTS OF SEXUAL AS-
SAULT 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 fol-
lows: 
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‘‘(A) A narrative description of each dis-
ciplinary action. 
‘‘(B) The nature of each disciplinary ac-
tion, including whether the member of the 
Armed Forces receiving such disciplinary action 
alleged professional or social retaliation in con-
nection 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 adminis-
tered 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 as-
sault is complete, a description of the results of 
the investigation, including whether the inves-
tigation led to charges under chapter 47 of title 
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10, United States Code (the Uniform Code of 
Military Justice). 
‘‘(J) If the sexual assault investigation re-
sulted in charges under chapter 47 of title 10, 
United States Code, whether those charges were 
under Article 120. 
‘‘(K) If the sexual assault investigation re-
sulted 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 sub-
section: 
‘‘(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 as-
sault 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 (in-
cluding corrective measures such as counseling, let-
ter of reprimand, negative performance evaluation, 
admonition, reprimand, exhortation, disapproval, 
criticism, censure, reproach, rebuke, extra military 
instruction, or other administrative withholding of 
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privileges, or any combination thereof) and criminal 
punishment 
(including 
non-judicial 
punishment, 
court martial, administrative discharge, or any com-
bination thereof).’’. 
SEC. 4. UNIFORM COLLECTION OF DATA ON COLLATERAL 
MISCONDUCT 
IN 
CONNECTION 
WITH 
RE-
PORTS OF SEXUAL ASSAULT IN THE ARMED 
FORCES. 
(a) IN GENERAL.—Section 563 of the Duncan Hun-
ter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 122 Stat. 4470) is amend-
ed— 
(1) in subsection (a), by striking ‘‘and the out-
come 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 sub-
section: 
‘‘(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 as-
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sault 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 (in-
cluding corrective measures such as counseling, let-
ter 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 com-
bination 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 com-
mittees a plan to provide for the implementation of case- 
level tracking of disciplinary actions for collateral mis-
conduct as required by the amendments made by sub-
section (a). 
Æ 
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