Fair Military Act

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 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 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 (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 Public Law 113–66

Summary: Furthering Accountability and Individual Rights within the Military Act of 2014 or the Fair Military Act - Directs each Secretary of a military department to ensure that: (1) the written performance appraisals of each member of the Armed Forces include an assessment of the extent to which the member supports that Armed Force's sexual assault prevention and response program, and (2) the performance appraisals of each commanding officer 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 in which a victim can report criminal activity without fear of retaliation. Requires modification of the Military Rules of Evidence to clarify that the general military character of an accused is not admissible for the purpose of showing the probability of his or her innocence, except that an accused may offer evidence of a trait of his or her military character when that trait is relevant to an element of the offense for which he or she has been charged. Directs the Secretaries of the military departments and any department in which the Coast Guard is operating to ensure that the provisions of Title XVII (Sexual Assault Prevention and Response and Related Reforms) of the National Defense Authorization Act (NDAA) for FY2014 and this Act apply to the United States Military Academy, the Naval Academy, the Air Force Academy, and the Coast Guard Academy. Requires the independent judicial proceedings panel to 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 such records in similar civilian proceedings to determine whether any significant discrepancies exist between the two legal systems. Directs the Comptroller General (GAO) to submit to the Senate and House Armed Services Committees a report describing the status of the implementation of the sexual assault provisions contained in the NDAAs for FY2012, FY2013, and FY2014 and the sexual assault prevention initiatives announced in memoranda by the Secretary of Defense (DOD) on May 6, 2013, and August 14, 2013.