[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1917 Placed on Calendar Senate (PCS)]
Calendar No. 293
113th CONGRESS
2d Session
S. 1917
To provide for additional enhancements of the sexual assault prevention
and response activities of the Armed Forces.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 14, 2014
Mrs. McCaskill (for herself, Ms. Ayotte, and Mrs. Fischer) introduced
the following bill; which was read the first time
January 15, 2014
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To provide for additional enhancements of the sexual assault prevention
and response activities of the Armed Forces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
Calendar No. 293
113th CONGRESS
2d Session
S. 1917
_______________________________________________________________________
A BILL
To provide for additional enhancements of the sexual assault prevention
and response activities of the Armed Forces.
_______________________________________________________________________
January 15, 2014
Read the second time and placed on the calendar