I 

113TH CONGRESS 

2D SESSION H. R. 4485 

To provide for additional enhancements to the sexual assault prevention 

and response activities of the Armed Forces. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Furthering Account5 ability and Individual Rights within the Military Act of 

6 2014’’ or the ‘‘Fair Military Act’’. 

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1 SEC. 2. APPRAISALS OF MEMBERS OF THE ARMED FORCES 

2 REGARDING COMPLIANCE WITH SEXUAL AS3 SAULT PREVENTION AND RESPONSE PRO4 GRAMS. 

5 The Secretary of a military department shall each en6 sure that the written performance appraisals of each mem7 ber of the Armed Forces (whether an officer or enlisted 

8 member) under the jurisdiction of that Secretary include 

9 an assessment of the extent to which the member supports 

10 the sexual assault prevention and response program of the 

11 Armed Force concerned. 

12 SEC. 3. PERFORMANCE APPRAISALS OF COMMANDING OF13 FICERS REGARDING COMMAND CLIMATE. 

14 The Secretary of a military department shall each en15 sure that the performance appraisals of each commanding 

16 officer under the jurisdiction of that Secretary indicate the 

17 extent to which the commanding officer has or has not 

18 established a command climate in which— 

19 (1) allegations of sexual assault are properly 

20 managed and fairly evaluated; and 

21 (2) a victim can report criminal activity, includ22 ing sexual assault, without fear of retaliation, in23 cluding ostracism and group pressure from other 

24 members of the command. 

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1 SEC. 4. MODIFICATION OF MILITARY RULES OF EVIDENCE 

2 RELATING TO ADMISSIBILITY OF GENERAL 

3 MILITARY CHARACTER TOWARD PROB4 ABILITY OF INNOCENCE. 

5 (a) MODIFICATION REQUIRED.—Not later than 180 

6 days after the date of the enactment of this Act, Rule 

7 404(a) of the Military Rules of Evidence shall be modified 

8 to clarify that, except as provided by subsection (b), the 

9 general military character of an accused is not admissible 

10 for the purpose of showing the probability of innocence 

11 of the accused. 

12 (b) EXCEPTION.—Evidence of a trait of the military 

13 character of an accused may be offered in evidence by the 

14 accused when that trait is relevant to an element of an 

15 offense for which the accused has been charged. 

16 SEC. 5. APPLICABILITY OF SEXUAL ASSAULT PREVENTION 

17 AND RESPONSE AND RELATED MILITARY 

18 JUSTICE ENHANCEMENTS TO MILITARY 

19 SERVICE ACADEMIES. 

20 (a) MILITARY SERVICE ACADEMIES.—The Secretary 

21 of the military department concerned shall ensure that the 

22 provisions of title XVII of the National Defense Author23 ization Act for Fiscal Year 2014 (Public Law 113–66) and 

24 this Act apply to the United States Military Academy, the 

25 Naval Academy, and the Air Force Academy in the same 

26 manner and to the same extent as such title and this Act 

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1 apply to an Armed Force under the jurisdiction of that 

2 Secretary. 

3 (b) COAST GUARD ACADEMY.—The Secretary of the 

4 Department in which the Coast Guard is operating shall 

5 ensure that the provisions of title XVII of the National 

6 Defense Authorization Act for Fiscal Year 2014 (Public 

7 Law 113–66) and this Act apply to the Coast Guard Acad8 emy in the same manner and to the same extent as such 

9 title and this Act apply to the Coast Guard. 

10 SEC. 6. JUDICIAL PROCEEDINGS PANEL ASSESSMENT OF 

11 USE OF MENTAL HEALTH RECORDS BY DE12 FENSE DURING PRELIMINARY HEARING AND 

13 COURT-MARTIAL PROCEEDINGS. 

14 (a) ADDITIONAL ASSESSMENTS.—The independent 

15 panel established by the Secretary of Defense under sub16 section (a)(2) of section 576 of the National Defense Au17 thorization Act for Fiscal Year 2013 (Public Law 112– 

18 239; 126 Stat. 1758), known as the ‘‘judicial proceedings 

19 panel’’, shall conduct assessments of— 

20 (1) the use of mental health records by the de21 fense during preliminary hearing and court-martial 

22 proceedings; and 

23 (2) the use of these records in similar civilian 

24 proceedings to determine whether any significant 

25 discrepancies exist between the two legal systems. 

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1 (b) SUBMISSION OF RESULTS.—The judicial pro2 ceedings panel shall include the results of the assessments 

3 required by subsection (a) in the remaining reports re4 quired by subsection (c)(2)(B) of section 576 of the Na5 tional Defense Authorization Act for Fiscal Year 2013. 

6 SEC. 7. COMPTROLLER GENERAL REPORT ON DEPART7 MENT OF DEFENSE ACTIONS REGARDING 

8 SEXUAL ASSAULT PREVENTION AND RE9 SPONSE IN THE ARMED FORCES. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Comptroller General of the United 

12 States shall submit to the Committees on Armed Services 

13 of the Senate and the House of Representatives a report 

14 describing the status of the implementation of the sexual 

15 assault provisions contained in the National Defense Au16 thorization Act for Fiscal Year 2012 (Public Law 112– 

17 181), the National Defense Authorization Act for Fiscal 

18 Year 2013 (Public Law 112–239), and the National De19 fense Authorization Act for Fiscal Year 2014 (Public Law 

20 113–66) and the sexual assault prevention initiatives an21 nounced in memoranda by the Secretary of Defense on 

22 May 6, 2013, and August 14, 2013. 

Æ 

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