text: 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.
target: .  Victims Protection Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2014 (NDAA 2014) to revise the sexual assault prevention and response program activities of the Armed Forces.  (Sec. 2) 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 (currently, such determination is made solely by the staff judge advocate).  (Sec. 3) 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 (good soldier defense) 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. (Sec. 4) 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 U.S. 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. (Sec. 5) 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.  (Sec. 6) 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.  (Sec. 7) 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.
feat_title: Victims Protection Act of 2014