Victims Protection Act of 2014

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Victims Protection Act of 2014''.

SEC. 2. INCLUSION OF SENIOR TRIAL COUNSEL DETERMINATIONS ON REFERRAL OF 
              CASES TO TRIAL BY COURT-MARTIAL IN CASES REVIEWED BY 
              SECRETARIES OF MILITARY DEPARTMENTS.

    Section 1744 of the National Defense Authorization Act for Fiscal 
Year 2014 is amended--
            (1) in subsection (c)--
                    (A) in the subsection heading, by inserting ``or 
                Senior Trial Counsel'' after ``Staff Judge Advocate''; 
                and
                    (B) by inserting ``or the senior trial counsel 
                detailed to the case'' after ``Military Justice),''; 
                and
            (2) in subsection (d)--
                    (A) in the subsection heading, by inserting ``or 
                Senior Trial Counsel'' after ``Staff Judge Advocate''; 
                and
                    (B) by inserting ``or the senior trial counsel 
                detailed to the case'' after ``Military Justice),''.

SEC. 3. ADDITIONAL ENHANCEMENTS OF MILITARY DEPARTMENT ACTIONS ON 
              SEXUAL ASSAULT PREVENTION AND RESPONSE.

    (a) Additional Duty of Special Victims' Counsel.--In addition to 
any duties authorized by section 1044e of title 10, United States Code 
(as added by section 1716 of the National Defense Authorization Act for 
Fiscal Year 2014), a Special Victims' Counsel designated under 
subsection (a) of such section 1044e shall provide advice to victims of 
sexual assault on the advantages and disadvantages of prosecution of 
the offense concerned by court-martial or by a civilian court with 
jurisdiction over the offense before such victims express their 
preference as to the prosecution of the offense under subsection (b).
    (b) Consultation With Victims Regarding Preference in Prosecution 
of Certain Sexual Offenses.--
            (1) In general.--The Secretaries of the military 
        departments shall each establish a process to ensure 
        consultation with the victim of a covered sexual offense that 
        occurs in the United States with respect to the victim's 
        preference as to whether the offense should be prosecuted by 
        court-martial or by a civilian court with jurisdiction over the 
        offense.
            (2) Weight afforded preference.--The preference expressed 
        by a victim under paragraph (1) with respect to the prosecution 
        of an offense, while not binding, should be afforded great 
        weight in the determination whether to prosecute the offense by 
        court-martial or by a civilian court.
            (3) Notice to victim of lack of civilian criminal 
        prosecution after preference for such prosecution.--In the 
        event a victim expresses a preference under paragraph (1) in 
        favor of prosecution of an offence by civilian court and the 
        civilian authorities determine to decline prosecution, or defer 
        to prosecution by court-martial, the victim shall be promptly 
        notified of that determination.
    (c) Performance Appraisals of Members of the Armed Forces.--
            (1) Appraisals of all members on compliance with sexual 
        assault prevention and response programs.--The Secretaries of 
        the military departments shall each ensure that the written 
        performance appraisals of members of the Armed Forces (whether 
        officers or enlisted members) under the jurisdiction of such 
        Secretary include an assessment of the extent to which each 
        such member supports the sexual assault prevention and response 
        program of the Armed Force concerned.
            (2) Performance appraisals of commanding officers.--The 
        Secretaries of the military departments shall each ensure that 
        the performance appraisals of commanding officers under the 
        jurisdiction of such Secretary indicate the extent to which 
        each such commanding officer has or has not established a 
        command climate in which--
                    (A) allegations of sexual assault are properly 
                managed and fairly evaluated; and
                    (B) a victim can report criminal activity, 
                including sexual assault, without fear of retaliation, 
                including ostracism and group pressure from other 
                members of the command.
    (d) Command Climate Assessments Following Incidents of Certain 
Sexual Offenses.--
            (1) Assessments required.--The Secretaries of the military 
        departments shall each establish a process whereby a command 
        climate assessment is performed following an incident involving 
        a covered sexual offense for each of the command of the accused 
        and the command of the victim. If the accused and the victim 
        are within the same command, only a single climate assessment 
        is required. The process shall ensure the timely completion of 
        command climate assessments for provision to military criminal 
        investigation organizations and commanders pursuant to 
        paragraph (2).
            (2) Provision to military criminal investigation 
        organizations and commanders.--A command climate assessment 
        performed pursuant to paragraph (1) shall be provided to the 
        following:
                    (A) The military criminal investigation 
                organization conducting the investigation of the 
                offense concerned.
                    (B) The commander next higher in the chain of 
                command of the command covered by the climate 
                assessment.
    (e) Confidential Review of Characterization of Terms of Discharge 
of Victims of Sexual Offenses.--
            (1) In general.--The Secretaries of the military 
        departments shall each establish a confidential process, 
        through boards for the correction of military records of the 
        military department concerned, by which an individual who was 
        the victim of a covered sexual offense during service in the 
        Armed Forces may challenge, on the basis of being the victim of 
        such an offense, the terms or characterization of the 
        individual's discharge or separation from the Armed Forces.
            (2) Consideration of individual experiences in connection 
        with offenses.--In deciding whether to modify the terms or 
        characterization of an individual's discharge or separation 
        pursuant to the process required by paragraph (1), the 
        Secretary of the military department concerned shall instruct 
        boards to give due consideration to the psychological and 
        physical aspects of the individual's experience in connection 
        with the offense concerned, and to what bearing such experience 
        may have had on the circumstances surrounding the individual's 
        discharge or separation from the Armed Forces.
            (3) Preservation of confidentiality.--Documents considered 
        and decisions rendered pursuant to the process required by 
        paragraph (1) shall not be made available to the public, except 
        with the consent of the individual concerned.
    (f) Covered Sexual Offense Defined.--In subsections (a) through 
(e), the term ``covered sexual offense'' means any of the following:
            (1) Rape or sexual assault under subsection (a) or (b) of 
        section 920 of title 10, United States Code (article 120 of the 
        Uniform Code of Military Justice).
            (2) Forcible sodomy under section 925 of title 10, United 
        States Code (article 125 of the Uniform Code of Military 
        Justice).
            (3) An attempt to commit an offense specified in paragraph 
        (1) or (2) as punishable under section 880 of title 10, United 
        States Code (article 80 of the Uniform Code of Military 
        Justice).
    (g) Modification of Military Rules of Evidence Relating to 
Admissibility of General Military Character Toward Probability of 
Innocence.--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 the general military character of an accused 
is not admissible for the purpose of showing the probability of 
innocence of the accused, except that 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.

SEC. 4. 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 (as amended 
by this Act) and this Act apply to the United States Military Academy, 
the Naval Academy, and the Air Force Academy, as applicable.
    (b) Coast Guard Academy.--The Secretary of Homeland Security shall 
ensure that the provisions of title XVII of the National Defense 
Authorization Act for Fiscal Year 2014 (as so amended) and this Act 
apply to the Coast Guard Academy.

SEC. 5. COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE 
              DEPARTMENT OF JUSTICE IN EFFORTS TO PREVENT AND RESPOND 
              TO SEXUAL ASSAULT.

    (a) Strategic Framework on Collaboration Required.--Not later than 
270 days after the date of the enactment of this Act, the Secretary of 
Defense and the Attorney General shall jointly develop a strategic 
framework for ongoing collaboration between the Department of Defense 
and the Department of Justice in their efforts to prevent and respond 
to sexual assault. The framework shall be based on and include the 
following:
            (1) An assessment of the role of the Department of Justice 
        in investigations and prosecutions of sexual assault cases in 
        which the Department of Defense and the Department of Justice 
        have concurrent jurisdiction, with the assessment to include a 
        review of and list of recommended revisions to relevant 
        Memoranda of Understanding and related documents between the 
        Department of Justice and the Department of Defense.
            (2) An assessment of the feasibility of establishing the 
        position of advisor on military sexual assaults within the 
        Department of Justice (using existing Department resources and 
        personnel) to assist in the activities required under paragraph 
        (1) and provide to the Department of Defense investigative and 
        other assistance in sexual assault cases occurring on domestic 
        and overseas military installations over which the Department 
        of Defense has primary jurisdiction, with the assessment to 
        address the feasibility of maintaining representatives or 
        designees of the advisor at military installations for the 
        purpose of reviewing cases of sexual assault and providing 
        assistance with the investigation and prosecution of sexual 
        assaults.
            (3) An assessment of the number of unsolved sexual assault 
        cases that have occurred on military installations, and a plan, 
        with appropriate benchmarks, to review those cases using 
        currently available civilian and military law enforcement 
        resources, such as new technology and forensics information.
            (4) A strategy to leverage efforts by the Department of 
        Defense and the Department of Justice--
                    (A) to improve the quality of investigations, 
                prosecutions, specialized training, services to 
                victims, awareness, and prevention regarding sexual 
                assault; and
                    (B) to address social conditions that relate to 
                sexual assault.
            (5) Mechanisms to promote information sharing and best 
        practices between the Department of Defense and the Department 
        of Justice on prevention and response to sexual assault, 
        including victim assistance through the Violence against Women 
        Act and Office for Victims of Crime programs of the Department 
        of Justice.
    (b) Report.--The Secretary of Defense and the Attorney General 
shall jointly submit to the appropriate committees of Congress a report 
on the framework required by subsection (a). The report shall--
            (1) describe the manner in which the Department of Defense 
        and Department of Justice will collaborate on an ongoing basis 
        under the framework;
            (2) explain obstacles to implementing the framework; and
            (3) identify changes in laws necessary to achieve the 
        purpose of this section.
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Committee on 
        the Judiciary of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        the Judiciary of the House of Representatives.

SEC. 6. MODIFICATION OF DEADLINE FOR REPORT ON NEED FOR PUNITIVE UCMJ 
              ARTICLE ON INAPPROPRIATE CONTACT WITH PROSPECTIVE AND NEW 
              MEMBERS OF THE ARMED FORCES.

    Section 1741(d) of the National Defense Authorization Act for 
Fiscal Year 2014 is amended by striking ``120 days'' and inserting ``60 
days''.

SEC. 7. SENSE OF SENATE ON INDEPENDENT PANEL ON REVIEW AND ASSESSMENT 
              ON RESPONSE SYSTEMS TO SEXUAL ASSAULT CRIMES.

    It is the sense of the Senate that--
            (1) the panel to review and assess the systems used to 
        respond to sexual assault established by section 576 of the 
        National Defense Authorization Act for Fiscal Year 2013 (Public 
        Law 112-239; 126 Stat. 1758) is conducting an independent 
        assessment of the systems used to investigate, prosecute, and 
        adjudicate crimes involving adult sexual assault and related 
        offenses;
            (2) the work of the panel will be critical in informing the 
        efforts of Congress to combat rape, sexual assault, and other 
        sex-related crimes in the Armed Forces;
            (3) the panel should include in its assessment under 
        subsection (d)(1) of section 576 of the National Defense 
        Authorization Act for Fiscal Year 2013 a review of the reforms 
        that will be enacted pursuant to title XVII of the National 
        Defense Authorization Act for Fiscal Year 2014 (as amended by 
        this Act) and this Act; and
            (4) the views of the victim advocate community should 
        continue to be well-represented on the panel,


              

         and input from victims should continue to play a central role 
        in informing the work of the panel.

            Passed the Senate March 10, 2014.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.

Summary: Victims Protection Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2014 to revise the sexual assault prevention and response program activities of the Armed Forces. Amends NDAA 2014 to include the senior trial counsel detailed to a case involving sex-related charges in the process for determining whether such charges should be referred for a court-martial . Requires the Special Victims' Counsel, in cases involving sexual assaults in the military, to provide advice to assault victims on the advantages and disadvantages of prosecuting such assaults by court-martial or in a civilian court. Requires the Secretaries of the military departments to: (1) establish a process to ensure consultation with the victim of a sexual assault to determine such victim's preference for prosecuting such assault either by court-martial or in a civilian court, and (2) afford great weight to such preference in determining which court shall prosecute the offense. Requires notification to a victim who expresses a preference for prosecution in a civilian court if a decision is made to decline prosecution or prosecute such offense by court-martial. Requires performance appraisals of: (1) officers and enlisted personnel of the Armed Forces to include an assessment of the extent to which such members support their respective sexual assault prevention and response programs, and (2) a commanding officer to indicate the extent to which such officer has established a command climate in which allegations of sexual assault are properly managed and fairly evaluated and a victim can report criminal activity without fear of retaliation or ostracism. Requires the Secretaries of the military departments to establish a process for a command climate assessment and for a confidential challenge by an individual who was the victim of a sexual assault of the terms or characterization of such individual's discharge or separation from the Armed Forces. Requires a modification of the Military Rules of Evidence to clarify that evidence of the general military character of an individual accused of a criminal offense shall not be admissible for the purpose of showing the probability of innocence of such individual, unless such evidence is relevant to an element of the offense for which the accused has been charged. Requires the Secretary of the military department concerned to ensure that provisions of NDAA 2014 relating to sexual assault prevention and response apply to the US Military Academy, the Naval Academy, and the Air Force Academy. Requires the Secretary of Homeland Security (DHS) to ensure that such provisions apply to the Coast Guard Academy. Requires the Secretary of Defense (DOD) and the Attorney General to jointly develop a strategic framework for collaboration between DOD and the Department of Justice (DOJ) to prevent and respond to cases of sexual assault and report to the Armed Services and Judiciary Committees of Congress on such framework. Requires such framework to be based on and to include: (1) an assessment of the role of DOD in investigations and prosecutions of sexual assault cases in which DOD and DOJ have concurrent jurisdiction. (2) an assessment of the feasibility of establishing the position of advisor on military sexual assaults within DOJ and provide DOD investigative and other assistance in sexual assault cases on domestic and overseas military installations. (3) an assessment of the number of unsolved sexual assault cases. (4) a strategy to leverage efforts by DOD and DOJ to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention and to address social conditions that relate to sexual assault. And (5) mechanisms to promote information sharing and best practices between DOD and DOJ. Advances from 120 to 60 days after the enactment of NDAA 2014 the due date for the report of the DOD Secretary on a proposed punitive article under the Uniform Code of Military Justice (UCMJ) for violations of prohibitions against inappropriate contact with prospective and new members of the Armed Forces. Expresses the sense of the Senate that: (1) the panel to review and assess the systems used to respond to sexual assault established by NDAA 2014 is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses. (2) the work of such panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces. (3) the panel should include in its assessment a review of the reforms that will be enacted by NDAA 2014. And (4) the views of the victim advocate community should continue to be well-represented on the panel.