113 HR 4485 IH: Fair Military Act U.S. House of Representatives 2014-04-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 2d Session H. R. 4485 IN THE HOUSE OF REPRESENTATIVES April 10, 2014 Mr. Turner (for himself and Ms. Tsongas) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for additional enhancements to the sexual assault prevention and response activities of the Armed Forces.

1.

Short title

This Act may be cited as the Furthering Accountability and Individual Rights within the Military Act of 2014 or the Fair Military Act.

2.

Appraisals of members of the Armed Forces regarding compliance with sexual assault prevention and response programs

The Secretary of a military department shall each ensure that the written performance appraisals of each member of the Armed Forces (whether an officer or enlisted member) under the jurisdiction of that Secretary include an assessment of the extent to which the member supports the sexual assault prevention and response program of the Armed Force concerned.

3.

Performance appraisals of commanding officers regarding command climate

The Secretary of a military department shall each ensure that the performance appraisals of each commanding officer under the jurisdiction of that Secretary indicate the extent to which the commanding officer has or has not established a command climate in which— (1)allegations of sexual assault are properly managed and fairly evaluated; and (2)a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command.

4.

Modification of Military Rules of Evidence relating to admissibility of general military character toward probability of innocence

(a)

Modification required

Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be modified to clarify that, except as provided by subsection (b), the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused. (b)

Exception

Evidence of a trait of the military character of an accused may be offered in evidence by the accused when that trait is relevant to an element of an offense for which the accused has been charged.

5.

Applicability of sexual assault prevention and response and related military justice enhancements to military service academies

(a)

Military service academies

The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) and this Act apply to the United States Military Academy, the Naval Academy, and the Air Force Academy in the same manner and to the same extent as such title and this Act apply to an Armed Force under the jurisdiction of that Secretary. (b)

Coast guard academy

The Secretary of the Department in which the Coast Guard is operating shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) and this Act apply to the Coast Guard Academy in the same manner and to the same extent as such title and this Act apply to the Coast Guard.

6.

Judicial proceedings panel assessment of use of mental health records by defense during preliminary hearing and court-martial proceedings

(a)

Additional assessments

The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758), known as the judicial proceedings panel, shall conduct assessments of— (1)the use of mental health records by the defense during preliminary hearing and court-martial proceedings; and (2)the use of these records in similar civilian proceedings to determine whether any significant discrepancies exist between the two legal systems. (b)

Submission of results

The judicial proceedings panel shall include the results of the assessments required by subsection (a) in the remaining reports required by subsection (c)(2)(B) of section 576 of the National Defense Authorization Act for Fiscal Year 2013.

7.

Comptroller General report on Department of Defense actions regarding sexual assault prevention and response in the Armed Forces

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the status of the implementation of the sexual assault provisions contained in the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–181), the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239), and the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) and the sexual assault prevention initiatives announced in memoranda by the Secretary of Defense on May 6, 2013, and August 14, 2013.