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 consider-
ation 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. 
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 ‘‘Furthering Account-
ability and Individual Rights within the Military Act of 
2014’’ or the ‘‘Fair Military Act’’. 
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SEC. 2. APPRAISALS OF MEMBERS OF THE ARMED FORCES 
REGARDING COMPLIANCE WITH SEXUAL AS-
SAULT PREVENTION AND RESPONSE PRO-
GRAMS. 
The Secretary of a military department shall each en-
sure that the written performance appraisals of each mem-
ber 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. 
SEC. 3. PERFORMANCE APPRAISALS OF COMMANDING OF-
FICERS REGARDING COMMAND CLIMATE. 
The Secretary of a military department shall each en-
sure 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, includ-
ing sexual assault, without fear of retaliation, in-
cluding ostracism and group pressure from other 
members of the command. 
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SEC. 4. MODIFICATION OF MILITARY RULES OF EVIDENCE 
RELATING TO ADMISSIBILITY OF GENERAL 
MILITARY 
CHARACTER 
TOWARD 
PROB-
ABILITY 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. 
SEC. 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 Author-
ization 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 
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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 Acad-
emy in the same manner and to the same extent as such 
title and this Act apply to the Coast Guard. 
SEC. 6. JUDICIAL PROCEEDINGS PANEL ASSESSMENT OF 
USE OF MENTAL HEALTH RECORDS BY DE-
FENSE DURING PRELIMINARY HEARING AND 
COURT-MARTIAL PROCEEDINGS. 
(a) ADDITIONAL ASSESSMENTS.—The independent 
panel established by the Secretary of Defense under sub-
section (a)(2) of section 576 of the National Defense Au-
thorization 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 de-
fense 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. 
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(b) SUBMISSION
OF RESULTS.—The judicial pro-
ceedings panel shall include the results of the assessments 
required by subsection (a) in the remaining reports re-
quired by subsection (c)(2)(B) of section 576 of the Na-
tional Defense Authorization Act for Fiscal Year 2013. 
SEC. 7. COMPTROLLER GENERAL REPORT ON DEPART-
MENT OF DEFENSE ACTIONS REGARDING 
SEXUAL 
ASSAULT 
PREVENTION 
AND 
RE-
SPONSE IN THE ARMED FORCES. 
Not later than 180 days after the date of the enact-
ment 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 Au-
thorization 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 De-
fense Authorization Act for Fiscal Year 2014 (Public Law 
113–66) and the sexual assault prevention initiatives an-
nounced in memoranda by the Secretary of Defense on 
May 6, 2013, and August 14, 2013. 
Æ 
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