II 

116TH CONGRESS 

2D SESSION S. 4600 

To amend title 10, United States Code, to improve the responses of the 

Department of Defense to sex-related offenses, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2020 

Ms. HIRONO (for herself and Mr. BOOKER) introduced the following bill; which 

was read twice and referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to improve the 

responses of the Department of Defense to sex-related 

offenses, and for other purposes. 

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 ‘‘I Am Vanessa Guille ́n 

5 Act’’. 


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1 SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO 

2 PROCEED TO TRIAL BY COURT-MARTIAL ON 

3 CHARGES INVOLVING SEX-RELATED OF4 FENSES. 

5 (a) ROLE OF OFFICE OF THE CHIEF PROSECUTOR

6 IN DETERMINATION TO PROCEED TO TRIAL ON CHARGE

7 INVOLVING SEX-RELATED OFFENSE.— 

8 (1) REFERRAL AND DETERMINATIONS BY OF9 FICE OF THE CHIEF PROSECUTOR.—Section 834 of 

10 title 10, United States Code (article 34 of the Uni11 form Code of Military Justice), is amended— 

12 (A) by redesignating subsection (d) as sub13 section (e); and 

14 (B) by inserting after the subsection (c) 

15 the following new subsection (d): 

16 ‘‘(d) REFERRAL TO OFFICE OF THE CHIEF PROS17 ECUTOR.—(1) In the case of a charge relating to a sex18 related offense, in addition to referring the charge to the 

19 staff judge advocate under subsection (a), the convening 

20 authority shall refer, as soon as reasonably practicable, the 

21 charge to the Office of the Chief Prosecutor of the armed 

22 force of which the accused is a member to make the deter23 mination required by paragraph (3). The actions of the 

24 Office of the Chief Prosecutor under this subsection 

25 whether or not to try charges by court-martial shall be 

26 free of unlawful or unauthorized influence or coercion. 


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1 ‘‘(2) For purposes of this subsection, the term ‘sex2 related offense’ means any of the following: 

3 ‘‘(A) An offense covered by section 920, 920a, 

4 920b, 920c, or 920d of this title (article 120, 120a, 

5 120b, 120c, or 120d). 

6 ‘‘(B) A conspiracy to commit an offense speci7 fied in subparagraph (A) as punishable under sec8 tion 881 of this title (article 81). 

9 ‘‘(C) A solicitation to commit an offense speci10 fied in subparagraph (A) as punishable under sec11 tion 882 of this title (article 82). 

12 ‘‘(D) An attempt to commit an offense specified 

13 in subparagraphs (A) through (C) as punishable 

14 under section 880 of this title (article 80). 

15 ‘‘(3) The Office of the Chief Prosecutor shall make 

16 a determination regarding whether a charge relating to a 

17 sex-related offense should be referred to trial. If the Office 

18 of the Chief Prosecutor makes a determination to try the 

19 charge by court-martial, the Office of the Chief Prosecutor 

20 also shall determine whether to try the charge by a general 

21 court-martial convened under section 822 of this title (ar22 ticle 22) or a special court-martial convened under section 

23 823 of this title (article 23). 

24 ‘‘(4) A determination under paragraph (3) to try a 

25 charge relating to a sex-related offense by court-martial 


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1 shall include a determination to try all known offenses, 

2 including lesser included offenses. 

3 ‘‘(5) The determination to try a charge relating to 

4 a sex-related offense by court-martial under paragraph 

5 (3), and by type of court-martial, shall be binding on any 

6 applicable convening authority for a trial by court-martial 

7 on the charge. 

8 ‘‘(6) A determination under paragraph (3) not to pro9 ceed to trial on a charge relating to a sex-related offense 

10 by general or special court-martial shall not operate to ter11 minate or otherwise alter the authority of commanding of12 ficers to refer such charge for trial by summary court13 martial convened under section 824 of this title (article 

14 24), or to impose non-judicial punishment in connection 

15 with the conduct covered by the charge as authorized by 

16 section 815 of this title (article 15). 

17 ‘‘(7) Nothing in this subsection shall be construed to 

18 alter or affect the disposition of charges under this chapter 

19 (the Uniform Code of Military Justice) that allege an of20 fense triable by court-martial under this chapter for which 

21 the maximum punishment authorized under this chapter 

22 includes confinement for one year or less. 

23 ‘‘(8) This subsection does not apply to the Coast 

24 Guard when it is not operating as a service in the Depart25 ment of the Navy.’’. 


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1 (2) APPOINTMENT OF CHIEF PROSECUTOR.— 

2 For any Armed Force (other than the Coast Guard) 

3 for which the position of Chief Prosecutor does not 

4 exist as of the date of the enactment of this Act, the 

5 Judge Advocate General of that Armed Force shall 

6 establish the position of Chief Prosecutor and ap7 point as the Chief Prosecutor a commissioned officer 

8 in the grade of O–6 or above who has significant ex9 perience prosecuting sexual assault trials by court10 martial. 

11 (b) CHIEF PROSECUTOR AUTHORITY TO CONVENE

12 ARTICLE 32 PRELIMINARY HEARINGS.—Section 832(a) of 

13 title 10, United States Code (article 32(a) of the Uniform 

14 Code of Military Justice), is amended by adding at the 

15 end the following new paragraph: 

16 ‘‘(3) The Office of the Chief Prosecutor of an armed 

17 force may order a preliminary hearing under this section 

18 in the event of an allegation of a sex-related offense (as 

19 defined in section 834(d)(2) of this title (article 34(d)(2))) 

20 involving a member of that armed force. This paragraph 

21 does not apply to the Coast Guard when it is not operating 

22 as a service in the Department of the Navy.’’. 

23 (c) MODIFICATION OF OFFICERS AUTHORIZED TO

24 CONVENE GENERAL AND SPECIAL COURTS-MARTIAL.— 


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1 (1) IN GENERAL.—Section 822(a) of title 10, 

2 United States Code (article 22(a) of the Uniform 

3 Code of Military Justice), is amended— 

4 (A) by redesignating paragraphs (8) and 

5 (9) as paragraphs (9) and (10), respectively; 

6 and 

7 (B) by inserting after paragraph (7) the 

8 following new paragraph (8): 

9 ‘‘(8) the officers in the offices established pur10 suant to section 2(c)(3) of the Justice for SPC 

11 Vanessa Guille ́n Act, or officers in the grade of O– 

12 6 or higher who are assigned such responsibility by 

13 the Chief of Staff of the Army, the Chief of Naval 

14 Operations, the Chief of Staff of the Air Force, or 

15 the Commandant of the Marine Corps, but only with 

16 respect to a sex-related offense (as defined in section 

17 834(d)(2) of this title (article 34(d)(2)));’’. 

18 (2) NO EXERCISE BY OFFICERS IN CHAIN OF

19 COMMAND OF ACCUSED OR VICTIM.—Section 822 of 

20 title 10, United States Code (article 22 of the Uni21 form Code of Military Justice), is amended by add22 ing at the end the following new subsection: 

23 ‘‘(c) An officer specified in subsection (a)(8) may not 

24 convene a court-martial under this section if the officer 

25 is in the chain of command of the accused or the victim.’’. 


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1 (3) OFFICES OF CHIEFS OF STAFF ON COURTS2 MARTIAL.— 

3 (A) OFFICES REQUIRED.—The Chief of 

4 Staff of the Army, the Chief of Naval Oper5 ations, the Chief of Staff of the Air Force, or 

6 the Commandant of the Marine Corps shall es7 tablish an office to do the following: 

8 (i) To convene general and special 

9 courts-martial under sections 822 and 823 

10 of title 10, United States Code (articles 22 

11 and 23 of the Uniform Code of Military 

12 Justice), pursuant to paragraph (8) of sec13 tion 822(a) of title 10, United States Code 

14 (article 22(a) of the Uniform Code of Mili15 tary Justice), as amended by paragraph 

16 (1), with respect to a sex-related offense 

17 (as defined in section 834(d)(2) of title 10, 

18 United States Code (article 34(d)(2) of the 

19 Uniform Code of Military Justice)). 

20 (ii) To detail under section 825 of 

21 title 10, United States Code (article 25 of 

22 the Uniform Code of Military Justice), 

23 members of courts-martial convened as de24 scribed in clause (i). 


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1 (B) PERSONNEL.—The personnel of each 

2 office established under subparagraph (A) shall 

3 consist of such members of the Armed Forces 

4 and civilian personnel of the Department of De5 fense as may be detailed or assigned to the of6 fice by the Chief of Staff or Commandant con7 cerned. The members and personnel so detailed 

8 or assigned, as the case may be, shall be de9 tailed or assigned from personnel billets in ex10 istence on the date of the enactment of this 

11 Act. 

12 (d) IMPLEMENTATION AND EFFECTIVE DATE.— 

13 (1) FUNDING SOURCE.—The Secretaries of the 

14 military departments shall carry out subsections (a), 

15 (b), and (c) (and the amendments made by such 

16 subsections) using funds appropriated after the date 

17 of enactment of this Act and otherwise available to 

18 the Secretary of the military department concerned. 

19 (2) POLICIES AND PROCEDURES.— 

20 (A) IN GENERAL.—The Secretaries of the 

21 military departments shall revise policies and 

22 procedures as necessary to comply with this sec23 tion. 

24 (B) UNIFORMITY.—The General Counsel 

25 of the Department of Defense shall review the 


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1 policies and procedures revised under this para2 graph in order to ensure that any lack of uni3 formity in policies and procedures, as so re4 vised, among the military departments does not 

5 render unconstitutional any policy or procedure, 

6 as so revised. 

7 (3) MANUAL FOR COURTS-MARTIAL.—The Sec8 retary of Defense shall recommend such changes to 

9 the Manual for Courts-Martial as are necessary to 

10 ensure compliance with this section. 

11 (4) EFFECTIVE DATE AND APPLICABILITY.— 

12 This section and the amendments made by this sec13 tion shall take effect on the date designated by the 

14 President, which shall not be later than the first day 

15 of the first calendar month that begins two years 

16 after the date of the enactment of this Act. 

17 SEC. 3. PUNITIVE ARTICLE ON SEXUAL HARASSMENT AND 

18 RELATED INVESTIGATION MATTERS. 

19 (a) PUNITIVE ARTICLE ON SEXUAL HARASSMENT.— 

20 (1) IN GENERAL.—Subchapter X of chapter 47, 

21 United States Code (the Uniform Code of Military 

22 Justice), is amended by inserting after section 920c 

23 (article 120c) the following new section (article): 


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1 ‘‘§ 920d. Art. 120d. Sexual harassment 

2 ‘‘(a) IN GENERAL.—Any person subject to this chap3 ter who commits sexual harassment against another per4 son shall be punished as a court-martial may direct. 

5 ‘‘(b) SEXUAL HARASSMENT DEFINED.— 

6 ‘‘(1) In this section term ‘sexual harassment’ 

7 means conduct that takes place in a circumstance 

8 described in paragraph (2) that takes the form of— 

9 ‘‘(A) a sexual advance; 

10 ‘‘(B) a request for sexual favors; or 

11 ‘‘(C) any other conduct of a sexual nature. 

12 ‘‘(2) A circumstance described in this para13 graph is a situation in which— 

14 ‘‘(A) submission to the conduct involved is 

15 made either explicitly or implicitly a term or 

16 condition of employment; 

17 ‘‘(B) submission to or rejection of such 

18 conduct is used as the basis for an employment 

19 decision affecting an individual’s employment; 

20 or 

21 ‘‘(C) such conduct unreasonably alters an 

22 individual’s terms, conditions, or privileges of 

23 employment, including by creating an intimi24 dating hostile, or offensive work environment, 

25 as determined in accordance with paragraph 

26 (3). 


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1 ‘‘(3) In determining, for purposes of paragraph 

2 (2)(C), whether conduct constitutes sexual harass3 ment because the conduct unreasonably alters an in4 dividual’s terms, conditions, or privileges of employ5 ment, including by creating an intimidating, hostile, 

6 or offensive work environment, the following rules 

7 shall apply: 

8 ‘‘(A) The determination shall be made on 

9 the basis of the record as a whole, according to 

10 the totality of the circumstances. A single inci11 dent may constitute sexual harassment. 

12 ‘‘(B) Incidents that may be sexual harass13 ment shall be considered in the aggregate, 

14 with— 

15 ‘‘(i) conduct of varying types (such as 

16 expressions of sex-based hostility, requests 

17 for sexual favors, and denial of employ18 ment opportunities due to sexual orienta19 tion) viewed in totality, rather than in iso20 lation; and 

21 ‘‘(ii) conduct based on multiple pro22 tected characteristics (such as sex and 

23 race) viewed in totality, rather than in iso24 lation. 


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1 ‘‘(C) The factors specified in this subpara2 graph are among the factors to be considered in 

3 determining whether conduct constitutes sexual 

4 harassment and are not meant to be exhaustive. 

5 Not one of those factors shall be considered to 

6 be determinative in establishing whether con7 duct constitutes sexual harassment. Such fac8 tors are each of the following: 

9 ‘‘(i) The frequency of the conduct. 

10 ‘‘(ii) The duration of the conduct. 

11 ‘‘(iii) The location where the conduct 

12 occurred. 

13 ‘‘(iv) The number of individuals en14 gaged in the conduct. 

15 ‘‘(v) The nature of the conduct, which 

16 may include physical, verbal, pictorial, or 

17 visual conduct, and conduct that occurs in 

18 person or is transmitted, such as electroni19 cally. 

20 ‘‘(vi) Whether the conduct is threat21 ening. 

22 ‘‘(vii) Any power differential between 

23 the alleged harasser and the person alleg24 edly harassed. 


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1 ‘‘(viii) Any use of epithets, slurs, or 

2 other conduct that is humiliating or de3 grading. 

4 ‘‘(ix) Whether the conduct reflects 

5 stereotypes about individuals in the pro6 tected class involved.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such subchapter is amend9 ed by inserting after the item relating to section 

10 920c (article 120c) the following new item: 

‘‘920d. 120d. Sexual harassment.’’. 

11 (b) INVESTIGATIONS OF SEXUAL HARASSMENT.— 

12 (1) IN GENERAL.—Section 1561 of title 10, 

13 United States Code, is amended to read as follows: 

14 ‘‘§ 1561. Complaints of sexual harassment: inde15 pendent investigation 

16 ‘‘(a) ACTION ON COMPLAINTS ALLEGING SEXUAL

17 HARASSMENT.—A commanding officer or officer in charge 

18 of a unit, vessel, facility, or area of an armed force under 

19 the jurisdiction of the Secretary of a military department, 

20 who receives, from a member of the command or a mem21 ber under the supervision of the officer, a formal com22 plaint alleging sexual harassment by a member of the 

23 armed forces shall, as soon as practicable after such re24 ceipt, forward the complaint to an independent investi25 gator. 


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1 ‘‘(b) COMMENCEMENT OF INVESTIGATION.—To the 

2 extent practicable, an independent investigator shall com3 mence an investigation of a formal complaint of sexual 

4 harassment not later than 72 hours after— 

5 ‘‘(1) receiving a formal complaint of sexual har6 assment forwarded by a commanding officer or offi7 cer in charge under subsection (a); or 

8 ‘‘(2) receiving a formal complaint of sexual har9 assment directly from a member of the armed forces. 

10 ‘‘(c) DURATION OF INVESTIGATION.—To the extent 

11 practicable, an investigation under subsection (b) shall be 

12 completed not later than 14 days after the date on which 

13 the investigation commences. 

14 ‘‘(d) REPORT ON COMMAND INVESTIGATION.—To the 

15 extent practicable, an independent investigator who com16 mences an investigation under subsection (b) shall— 

17 ‘‘(1) submit a final report on the results of the 

18 investigation, including any action taken as a result 

19 of the investigation, to the officer described in sub20 section (a) not later than 20 days after the date on 

21 which the investigation commenced; or 

22 ‘‘(2) submit a report on the progress made in 

23 completing the investigation to the officer described 

24 in subsection (a) not later than 20 days after the 

25 date on which the investigation commenced and 


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1 every 14 days thereafter until the investigation is 

2 completed and, upon completion of the investigation, 

3 then submit a final report on the results of the in4 vestigation, including any action taken as a result of 

5 the investigation, to that officer. 

6 ‘‘(e) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘formal complaint’ means a com8 plaint that an individual files in writing and attests 

9 to the accuracy of the information contained in the 

10 complaint. 

11 ‘‘(2) The term ‘independent investigator’ means 

12 a member of the armed forces or employee of the 

13 Department of Defense— 

14 ‘‘(A) who is outside the chain of command 

15 of the complainant; and 

16 ‘‘(B) whom the Secretary concerned deter17 mines is trained in the investigation of sexual 

18 harassment. 

19 ‘‘(3) The term ‘sexual harassment’ has the 

20 meaning given that term in section 920d(b) of this 

21 title (article 120d of the Uniform Code of Military 

22 Justice).’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 80 of such title is 


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1 amended by striking the item relating to section 

2 1561 and inserting the following new item: 

‘‘1561. Complaints of sexual harassment: independent investigation.’’. 

3 (3) EFFECTIVE DATE.—The amendment to sec4 tion 1561 of such title made by this subsection 

5 shall— 

6 (A) take effect on the day that is two years 

7 after the date of the enactment of this Act; and 

8 (B) apply to any investigation of a formal 

9 complaint of sexual harassment (as those terms 

10 are defined in such section, as amended) made 

11 on or after that date. 

12 (4) REPORT ON IMPLEMENTATION.—Not later 

13 than nine months after the date of the enactment of 

14 this Act, each Secretary of a military department 

15 shall submit to Congress a report on preparation of 

16 that Secretary to implement the amendment to sec17 tion 1561 of such title made by this subsection. 

18 SEC. 4. CONFIDENTIAL REPORTING OF SEXUAL HARASS19 MENT. 

20 (a) ESTABLISHMENT.—Chapter 80 of title 10, 

21 United States Code, is amended by inserting after section 

22 1561a the following new section: 

23 ‘‘§ 1561b. Confidential reporting of sexual harassment 

24 ‘‘(a) ESTABLISHMENT.—Notwithstanding section 

25 1561 of this title, the Secretary of Defense shall prescribe 


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1 regulations establishing a process by which a member of 

2 an armed force under the jurisdiction of the Secretary of 

3 a military department may confidentially allege a com4 plaint of sexual harassment to an individual outside the 

5 immediate chain of command of that member. 

6 ‘‘(b) RECEIPT OF COMPLAINT.—An individual des7 ignated to receive complaints under subsection (a)— 

8 ‘‘(1) shall maintain the confidentiality of the 

9 member alleging the complaint; 

10 ‘‘(2) shall provide to the member alleging the 

11 complaint the option— 

12 ‘‘(A) to file a formal or informal report of 

13 sexual harassment; and 

14 ‘‘(B) to include reports related to such 

15 complaint in the Catch a Serial Offender Pro16 gram; and 

17 ‘‘(3) shall provide to the commander of the 

18 complainant a report— 

19 ‘‘(A) regarding the complaint; and 

20 ‘‘(B) that does not contain any personally 

21 identifiable information regarding the complain22 ant. 

23 ‘‘(c) EDUCATION AND TRACKING.—The Secretary of 

24 Defense shall— 


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1 ‘‘(1) educate members under the jurisdiction of 

2 the Secretary of a military department regarding the 

3 process established under this section; and 

4 ‘‘(2) track complaints alleged pursuant to the 

5 process. 

6 ‘‘(d) ANNUAL REPORTS.—The Secretary of Defense 

7 shall submit to the Committees on Armed Services of the 

8 Senate and the House of Representatives on an annual 

9 basis a report containing data (that does not contain any 

10 personally identifiable information) relating to complaints 

11 alleged pursuant to the process established under this sec12 tion during the preceding year.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter of 80 such title is amended 

15 by inserting after the item relating to section 1561a the 

16 following new item: 

‘‘1561b. Confidential reporting of sexual harassment.’’. 

17 (c) IMPLEMENTATION.—The Secretary shall carry 

18 out section 1561b of title 10, United States Code, as 

19 added by subsection (a), not later than one year after the 

20 date of the enactment of this Act. 


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1 SEC. 5. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE 

2 ARMED FORCES AND EMPLOYEES OF THE DE3 PARTMENT OF DEFENSE AGAINST THE 

4 UNITED STATES THAT ARISE FROM SEXUAL 

5 MISCONDUCT. 

6 (a) CLAIMS ARISING FROM SEXUAL HARASSMENT.— 

7 (1) IN GENERAL.—Chapter 163 of title 10, 

8 United States Code, is amended by inserting after 

9 section 2733a the following new section: 

10 ‘‘§ 2733b. Claims arising from sex-related offenses 

11 ‘‘(a) IN GENERAL.—Consistent with this section and 

12 under such regulations as the Secretary of Defense shall 

13 prescribe under subsection (d), the Secretary may allow, 

14 settle, and pay a claim against the United States for per15 sonal injury or death of a claimant arising from— 

16 ‘‘(1) a sex-related offense; 

17 ‘‘(2) the negligent failure to prevent a sex-re18 lated offense; or 

19 ‘‘(3) the negligent failure to investigate a sex20 related offense. 

21 ‘‘(b) REQUIREMENT FOR CLAIMS.—A claim may be 

22 allowed, settled, and paid under subsection (a) only if— 

23 ‘‘(1) the claim is filed by the claimant who is 

24 the victim of the sex-related offense, or by an au25 thorized representative on behalf of such claimant 


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1 who is deceased or otherwise unable to file the claim 

2 due to incapacitation; 

3 ‘‘(2) the claim is presented to the Department 

4 in writing within two years after the claim accrues; 

5 ‘‘(3) the claim is not allowed to be settled and 

6 paid under any other provision of law; and 

7 ‘‘(4) the claim is substantiated as prescribed in 

8 regulations prescribed by the Secretary of Defense 

9 under subsection (d). 

10 ‘‘(c) PAYMENT OF CLAIMS.—(1) If the Secretary of 

11 Defense determines, pursuant to regulations prescribed by 

12 the Secretary under subsection (d), that a claim under this 

13 section in excess of $100,000 is meritorious, and the claim 

14 is otherwise payable under this section, the Secretary may 

15 pay the claimant $100,000 and report any meritorious 

16 amount in excess of $100,000 to the Secretary of the 

17 Treasury for payment under section 1304 of title 31. 

18 ‘‘(2) Except as provided in paragraph (1), no claim 

19 may be paid under this section unless the amount tendered 

20 is accepted by the claimant in full satisfaction. 

21 ‘‘(d) REGULATIONS.—(1) The Secretary of Defense 

22 shall prescribe regulations to implement this section. 

23 ‘‘(2) Regulations prescribed by the Secretary under 

24 paragraph (1) shall include the following: 


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1 ‘‘(A) Policies and procedures to ensure the 

2 timely, efficient, and effective processing and admin3 istration of claims under this section, including— 

4 ‘‘(i) the filing, receipt, investigation, and 

5 evaluation of a claim; 

6 ‘‘(ii) the negotiation, settlement, and pay7 ment of a claim; and 

8 ‘‘(iii) such other matters relating to the 

9 processing and administration of a claim, in10 cluding an administrative appeals process, as 

11 the Secretary considers appropriate. 

12 ‘‘(B) Uniform standards consistent with gen13 erally accepted standards used in a majority of 

14 States in adjudicating claims under chapter 171 of 

15 title 28 (commonly known as the ‘Federal Tort 

16 Claims Act’) to be applied to the evaluation, settle17 ment, and payment of claims under this section 

18 without regard to the place of occurrence of the sex19 related offense giving rise to the claim or the mili20 tary department of the covered individual, and with21 out regard to foreign law in the case of claims aris22 ing in foreign countries, including uniform standards 

23 to be applied to determinations with respect to— 


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1 ‘‘(i) whether an act or omission by a cov2 ered individual was negligent or wrongful, con3 sidering the specific facts and circumstances; 

4 ‘‘(ii) whether the personal injury or death 

5 of the claimant was caused by a negligent or 

6 wrongful act or omission of a covered indi7 vidual; 

8 ‘‘(iii) requirements relating to proof of 

9 duty, breach of duty, and causation resulting in 

10 compensable injury or loss, subject to such ex11 clusions as may be established by the Secretary; 

12 and 

13 ‘‘(iv) calculation of damages. 

14 ‘‘(C) Such other matters as the Secretary con15 siders appropriate. 

16 ‘‘(3) In order to implement expeditiously the provi17 sions of this section, the Secretary may prescribe the regu18 lations under this subsection— 

19 ‘‘(A) by prescribing an interim final rule; and 

20 ‘‘(B) not later than one year after prescribing 

21 such interim final rule and considering public com22 ments with respect to such interim final rule, by pre23 scribing a final rule. 

24 ‘‘(e) LIMITATION ON ATTORNEY FEES.—(1) No at25 torney shall charge, demand, receive, or collect for services 


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1 rendered, fees in excess of 20 percent of any claim paid 

2 pursuant to this section. 

3 ‘‘(2) Any attorney who charges, demands, receives, 

4 or collects for services rendered in connection with a claim 

5 under this section any amount in excess of the amount 

6 allowed under paragraph (1), if recovery be had, shall be 

7 fined not more than $2,000, imprisoned not more than 

8 one year, or both. 

9 ‘‘(f) ANNUAL REPORT.—Not less frequently than an10 nually until 2026, the Secretary of Defense shall submit 

11 to the Committees on Armed Services of the Senate and 

12 the House of Representatives a report— 

13 ‘‘(1) indicating the number of claims processed 

14 under this section; 

15 ‘‘(2) indicating the resolution of each such 

16 claim; and 

17 ‘‘(3) describing any other information that may 

18 enhance the effectiveness of the claims process under 

19 this section. 

20 ‘‘(g) DEFINITIONS.—In this section: 

21 ‘‘(1) The term ‘covered individual’ means a 

22 member of the armed forces or an employee of the 

23 Department of Defense. 

24 ‘‘(2) The term ‘sex-related offense’ has the 

25 meaning given that term in section 834(d)(2) of this 


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1 title (article 34(d)(2) of the Uniform Code of Mili2 tary Justice).’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 163 of such title 

5 is amended by inserting after the item relating to 

6 section 2733a the following new item: 

‘‘2733b. Claims arising from sex-related offenses.’’. 

7 (b) INTERIM BRIEFING ON DEVELOPMENT OF REGU8 LATIONS.—Not later than 180 days after the date of the 

9 enactment of this Act, the Secretary of Defense shall pro10 vide to the Committees on Armed Services of the Senate 

11 and the House of Representatives a briefing on the devel12 opment of regulations under section 2733b(d) of title 10, 

13 United States Code, as added by subsection (a)(1). 

14 (c) CONFORMING AMENDMENTS.— 

15 (1) Section 2735 of such title is amended by in16 serting ‘‘2733b,’’ after ‘‘2733a,’’. 

17 (2) Section 1304(a)(3)(D) of title 31, United 

18 States Code, is amended by inserting ‘‘2733b,’’ after 

19 ‘‘2733a,’’. 

20 (d) EFFECTIVE DATE AND TRANSITION PROVI21 SION.— 

22 (1) EFFECTIVE DATE.—The amendments made 

23 by this section shall apply to any claim filed under 

24 section 2733b of such title, as added by subsection 

25 (a)(1), on or after January 1, 2021. 


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1 (2) TRANSITION.—Any claim filed in calendar 

2 year 2020 shall be deemed to be filed within the 

3 time period specified in section 2733b(b)(2) of such 

4 title, as so added, if it is filed within three years 

5 after it accrues. 

6 SEC. 6. REPORTS ON SEXUAL HARASSMENT/ASSAULT RE7 SPONSE PROGRAMS OF THE MILITARY DE8 PARTMENTS. 

9 (a) SECRETARY OF DEFENSE REPORT.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this Act, the Sec12 retary of Defense shall submit to Congress a report 

13 on the Sexual Harassment/Assault Response Pro14 grams (SHARP) of the military departments. 

15 (2) ELEMENTS.—The report required by para16 graph (1) shall include the following: 

17 (A) A description and assessment of the 

18 Sexual Harassment/Assault Response Program 

19 of each military department, including the 

20 funding for such program, the manner in which 

21 such funding is allocated, and the elements of 

22 such program that receive funding. 

23 (B) A comparative assessment of the feasi24 bility and advisability of carrying out the SexVerDate Sep 11 2014 00:42 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4600.IS S4600

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1 ual Harassment/Assault Response Programs 

2 through each structure as follows: 

3 (i) The current structure. 

4 (ii) A structure involving discharge 

5 through civilian personnel. 

6 (iii) A structure involving discharge 

7 though substantial numbers of contractors. 

8 (iv) A structure involving the estab9 lishment of a military occupational spe10 cialty to permit members of the Armed 

11 Forces to extend their time in a Sexual 

12 Harassment/Assault Response Program 

13 and professionalize their services (including 

14 proper education and training as well as 

15 continuing education). 

16 (v) Any other structure the Secretary 

17 considers appropriate. 

18 (b) COMPTROLLER GENERAL OF THE UNITED

19 STATES REPORT.— 

20 (1) IN GENERAL.—Not later than one year 

21 after the date of the enactment of this Act, the 

22 Comptroller General of the United States shall sub23 mit to Congress a report on the Sexual Harassment/ 

24 Assault Response Programs of the military depart25 ments. 


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1 (2) ELEMENTS.—The report required by para2 graph (1) shall include the following: 

3 (A) An assessment by the Comptroller 

4 General of the efficacy and impacts of the Sex5 ual Harassment/Assault Response Programs of 

6 the Armed Forces. 

7 (B) Such recommendations as the Comp8 troller General considers appropriate for im9 provements to the Sexual Harassment/Assault 

10 Response Programs. 

11 SEC. 7. GAO STUDY OF MEMBERS ABSENT WITHOUT LEAVE 

12 OR ON UNAUTHORIZED ABSENCE. 

13 (a) STUDY; REPORT.—Not later than September 30, 

14 2021, the Comptroller General of the United States shall 

15 submit to the Committees on Armed Services of the Sen16 ate and the House of Representatives a report containing 

17 the results of a study regarding how the Armed Forces 

18 handle cases of members of the Armed Forces absent 

19 without leave or on unauthorized absence. 

20 (b) ELEMENTS.—The study under this section shall 

21 include the following: 

22 (1) The procedures and guidelines established 

23 by each Armed Force for the investigation of such 

24 a case. 

25 (2) The guidelines for distinguishing between— 


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1 (A) common cases; 

2 (B) cases that may involve foul play or ac3 cident; and 

4 (C) cases wherein the member may be in 

5 danger. 

6 (3) The current guidelines for cooperation and 

7 coordination between military investigative organiza8 tions and— 

9 (A) local law enforcement agencies; and 

10 (B) Federal law enforcement agencies. 

11 (4) The current guidelines for use of traditional 

12 and social media in conjunction with such cases. 

13 (5) Military resources available for such cases 

14 and any apparent shortfalls in such resources. 

15 (6) How the procedures for such cases vary be16 tween Armed Forces. 

17 (7) How the procedures described in paragraph 

18 (6) vary from procedures used by local and Federal 

19 law enforcement. 

20 (8) Best practices for responding to and inves21 tigating such cases. 

22 (9) Any other matter the Comptroller General 

23 determines appropriate. 

Æ 


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