I 

117TH CONGRESS 

1ST SESSION H. R. 3224 

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 HOUSE OF REPRESENTATIVES 

MAY 13, 2021 

Ms. SPEIER (for herself, Mr. MULLIN, Ms. GARCIA of Texas, Mr. BALDERSON, 

Ms. ESCOBAR, Mr. CROW, Mr. AUCHINCLOSS, Mrs. AXNE, Ms. 

BARRAGA ́N, Mrs. BEATTY, Mr. BEYER, Mr. BILIRAKIS, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BROWN, Ms. BROWNLEY, Mrs. BUSTOS, 

Mr. CARBAJAL, Mr. CA ́RDENAS, Mr. CARSON, Mr. CARTWRIGHT, Mr. 

CASTRO of Texas, Ms. CHU, Ms. CLARK of Massachusetts, Mr. CLEAVER, 

Mr. COHEN, Mr. COLE, Mr. CONNOLLY, Mr. COOPER, Mr. COSTA, Mr. 

COURTNEY, Mr. CUELLAR, Ms. DAVIDS of Kansas, Mr. DANNY K. DAVIS

of Illinois, Mr. DEFAZIO, Ms. DELBENE, Mrs. DEMINGS, Mr. 

DESAULNIER, Mrs. DINGELL, Ms. ESHOO, Ms. LEGER FERNANDEZ, Mr. 

FITZPATRICK, Mr. FOSTER, Ms. LOIS FRANKEL of Florida, Mr. 

GALLEGO, Mr. GARAMENDI, Mr. GARCIA of California, Mr. GARCI ́A of Illinois, Mr. GOMEZ, Mr. TONY GONZALES of Texas, Mr. VICENTE GONZALEZ of Texas, Miss GONZA ́LEZ-COLO ́N, Mr. GOTTHEIMER, Mr. GRAVES

of Louisiana, Mr. GREEN of Texas, Mr. GRIJALVA, Mr. HARDER of California, Mrs. HAYES, Mr. HERN, Mr. HORSFORD, Ms. HOULAHAN, Ms. 

JOHNSON of Texas, Mr. JONES, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, 

Mr. KIM of New Jersey, Mr. KIND, Mrs. KIRKPATRICK, Ms. KUSTER, 

Mrs. LAWRENCE, Ms. LEE of California, Mr. LEVIN of California, Mr. 

LOWENTHAL, Mr. LYNCH, Mrs. CAROLYN B. MALONEY of New York, Ms. 

MATSUI, Mrs. MCBATH, Mr. MCCAUL, Ms. MCCOLLUM, Mr. MCGOVERN, 

Mr. MEEKS, Ms. MENG, Mr. MFUME, Mr. MOOLENAAR, Ms. MOORE of 

Wisconsin, Mr. MORELLE, Mr. MOULTON, Mr. MRVAN, Mrs. NAPOLITANO, Mr. NEGUSE, Ms. NEWMAN, Ms. NORTON, Ms. OCASIO-CORTEZ, 

Mr. O’HALLERAN, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PAPPAS, 

Mr. SEAN PATRICK MALONEY of New York, Mr. PERLMUTTER, Mr. 

PHILLIPS, Ms. PINGREE, Mr. POCAN, Ms. PRESSLEY, Mr. QUIGLEY, Mrs. 

RADEWAGEN, Mr. RASKIN, Ms. ROSS, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. RUSH, Mr. RYAN, Ms. SA ́NCHEZ, Mr. SARBANES, Ms. 

SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SHERMAN, Ms. 

SHERRILL, Ms. SLOTKIN, Mr. SOTO, Ms. SPANBERGER, Ms. STRICKLAND, Mr. SUOZZI, Mr. TAKANO, Mr. THOMPSON of California, Ms. 

TITUS, Ms. TLAIB, Mrs. TORRES of California, Mrs. TRAHAN, Mr. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 3224 IH

TRONE, Mr. VARGAS, Mr. VEASEY, Mr. VELA, Ms. VELA ́ZQUEZ, Ms. 

WASSERMAN SCHULTZ, Mr. WELCH, Ms. WILD, Ms. WILSON of Florida, 

Mr. YARMUTH, Mr. YOUNG, Ms. BASS, Mr. BERA, Ms. BLUNT ROCHESTER, Mr. CICILLINE, Mr. CORREA, Ms. CRAIG, Mr. CRIST, Ms. 

DELAURO, Mrs. FLETCHER, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. 

JAYAPAL, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. 

KEATING, Mr. KRISHNAMOORTHI, Mr. LANGEVIN, Mrs. LEE of Nevada, 

Mr. LEVIN of Michigan, Ms. MANNING, Mr. NADLER, Mr. NORCROSS, 

Mr. DAVID SCOTT of Georgia, Ms. STEVENS, Mr. SWALWELL, Mr. 

THOMPSON of Mississippi, Ms. CASTOR of Florida, Ms. DEGETTE, Ms. 

SCHRIER, and Ms. JACOBS of California) introduced the following bill; 

which was 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 of 2021’’. 

6 SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO 

7 PROCEED TO TRIAL BY COURT-MARTIAL ON 

8 CHARGES INVOLVING SEX-RELATED OF9 FENSES. 

10 (a) ROLE OF OFFICE OF THE CHIEF PROSECUTOR

11 IN DETERMINATION TO PROCEED TO TRIAL ON CHARGE

12 INVOLVING SEX-RELATED OFFENSE.— 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 3224 IH

1 (1) REVIEW AND DETERMINATIONS BY OFFICE

2 OF THE CHIEF PROSECUTOR.—Section 834 of title 

3 10, United States Code (article 34 of the Uniform 

4 Code of Military Justice) is amended— 

5 (A) in subsection (a)(1), by striking ‘‘Be6 fore referral’’ and inserting ‘‘Except as provided 

7 in subsection (c), before referral’’; 

8 (B) in subsection (b), by striking ‘‘Before 

9 referral’’ and inserting ‘‘Except as provided in 

10 subsection (c), before referral’’; 

11 (C) by redesignating subsections (c) and 

12 (d) as subsections (d) and (e) respectively; and 

13 (D) by inserting after the subsection (b) 

14 the following new subsection (c): 

15 ‘‘(c) REFERRAL AND DETERMINATIONS BY OFFICE

16 OF THE CHIEF PROSECUTOR.— 

17 ‘‘(1) In the case of a charge relating to a sex18 related offense, instead of submitting the charge, 

19 and any accompanying charges and specifications, to 

20 the staff judge advocate under subsection (a), the 

21 convening authority shall submit, as soon as reason22 ably practicable, the charge and accompanying 

23 charges and specifications to the Office of the Chief 

24 Prosecutor of the armed force of which the accused 

25 is a member to make the determination required by 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 3224 IH

1 subsection (a). The advice and recommendations of 

2 the Office of the Chief Prosecutor regarding disposi3 tion of charges by court-martial shall be free of un4 lawful or unauthorized influence or coercion. 

5 ‘‘(2) For purposes of this subsection, the term 

6 ‘sex-related offense’ means any of the following: 

7 ‘‘(A) An offense covered by section 920, 

8 920a, 920b, 920c, or 920d of this title (article 

9 120, 120a, 120b, 120c, or 120d). 

10 ‘‘(B) A conspiracy to commit an offense 

11 specified in subparagraph (A) as punishable 

12 under section 881 of this title (article 81). 

13 ‘‘(C) A solicitation to commit an offense 

14 specified in subparagraph (A) as punishable 

15 under section 882 of this title (article 82). 

16 ‘‘(D) An attempt to commit an offense 

17 specified in subparagraphs (A) through (C) as 

18 punishable under section 880 of this title (arti19 cle 80). 

20 ‘‘(3) If the Office of the Chief Prosecutor deter21 mines any specification under a charge should be 

22 disposed of at court-martial, the Office of the Chief 

23 Prosecutor also shall determine whether to try the 

24 charge by a general court-martial convened under 

25 section 822 of this title (article 22) or a special 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 3224 IH

1 court-martial convened under section 823 of this 

2 title (article 23). 

3 ‘‘(4) A determination under paragraph (3) to 

4 try a charge relating to a sex-related offense by 

5 court-martial shall include a determination to try all 

6 known offenses, including lesser included offenses. 

7 ‘‘(5) The Office of the Chief Prosecutor’s deter8 mination to dispose of any reviewed charge by court9 martial under paragraph (3), and by type of court10 martial, shall be transmitted to the convening au11 thority established in section 822(a)(8) of this title, 

12 and shall be binding on any applicable convening au13 thority. The Office of the Chief Prosecutor will no14 tify the original convening authority of the deter15 mination. 

16 ‘‘(6) A determination under paragraph (3) not 

17 to proceed to trial on a charge by general or special 

18 court-martial shall not operate to terminate or oth19 erwise alter the authority of commanding officers to 

20 refer such charge for trial by summary court-martial 

21 convened under section 824 of this title (article 24), 

22 to impose non-judicial punishment in connection 

23 with the conduct covered by the charge as author24 ized by section 815 of this title (article 15), or to 

25 take other administrative action. 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 3224 IH

1 ‘‘(7) This subsection does not apply to the 

2 Coast Guard when it is not operating as a service 

3 in the Department of the Navy.’’. 

4 (2) APPOINTMENT OF CHIEF PROSECUTOR.— 

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

6 for which the position of Chief Prosecutor does not 

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

8 Judge Advocate General of that Armed Force shall 

9 establish the position of Chief Prosecutor and ap10 point as the Chief Prosecutor a judge advocate in 

11 the grade of O–6 or above who meets the require12 ments set forth in paragraphs (1) and (2) of section 

13 827(b) of title 10, United States Code (article 27(b) 

14 of the Uniform Code of Military Justice), and who 

15 has significant experience prosecuting sexual assault 

16 trials by court-martial. 

17 (b) CHIEF PROSECUTOR AUTHORITY TO CONVENE

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

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

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

21 end the following new paragraph: 

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

23 force may order a preliminary hearing under this section 

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

25 defined in section 834(c)(2) of this title (article 34(c)(2))) 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 3224 IH

1 involving a member of that armed force. This paragraph 

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

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

4 (c) MODIFICATION OF OFFICERS AUTHORIZED TO

5 CONVENE GENERAL AND SPECIAL COURTS-MARTIAL.— 

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

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

8 Code of Military Justice) is amended— 

9 (A) by redesignating paragraphs (8) and 

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

11 and 

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

13 following new paragraph (8): 

14 ‘‘(8) an officer in the grade of O–6 or higher 

15 who is assigned such responsibility by the Chief of 

16 Staff of the Army, the Chief of Naval Operations, 

17 the Chief of Staff of the Air Force, the Com18 mandant of the Marine Corps, or the Chief of Space 

19 Operations, except that an officer designated as a 

20 convening authority under this paragraph— 

21 ‘‘(A) may convene a court-martial only 

22 with respect to a sex-related offense (as defined 

23 in section 834(c)(2) of this title (article 

24 34(c)(2))) and any accompanying charges and 

25 specifications; and 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•HR 3224 IH

1 ‘‘(B) may not convene a court-martial if 

2 such officer is in the chain of command of the 

3 accused or the victim;’’. 

4 (2) OFFICES OF CHIEFS OF STAFF ON COURTS5 MARTIAL.— 

6 (A) OFFICES REQUIRED.—The Chief of 

7 Staff of the Army, the Chief of Naval Oper8 ations, the Chief of Staff of the Air Force, the 

9 Commandant of the Marine Corps, and the 

10 Chief of Space Operations shall each establish 

11 or designate an office to do the following: 

12 (i) To convene general and special 

13 courts-martial under sections 822 and 823 

14 of title 10, United States Code (articles 22 

15 and 23 of the Uniform Code of Military 

16 Justice), pursuant to paragraph (8) of sec17 tion 822(a) of title 10, United States Code 

18 (article 22(a) of the Uniform Code of Mili19 tary Justice), as amended by paragraph 

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

21 (as defined in section 834(c)(2) of title 10, 

22 United States Code (article 34(c)(2) of the 

23 Uniform Code of Military Justice)) and 

24 any accompanying charges and specifica25 tions. 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•HR 3224 IH

1 (ii) To detail under section 825 of 

2 title 10, United States Code (article 25 of 

3 the Uniform Code of Military Justice), 

4 members of courts-martial convened as de5 scribed in clause (i). 

6 (B) PERSONNEL.—The personnel of each 

7 office established under subparagraph (A) shall 

8 consist of such members of the Armed Forces 

9 and civilian personnel of the Department of De10 fense as may be detailed or assigned to the of11 fice by the service chief concerned. The mem12 bers and personnel so detailed or assigned, as 

13 the case may be, shall be detailed or assigned 

14 from personnel billets in existence on the date 

15 of the enactment of this Act. 

16 (d) IMPLEMENTATION AND EFFECTIVE DATE.— 

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

18 military departments shall carry out subsections (a), 

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

20 subsections) using funds appropriated after the date 

21 of enactment of this Act and otherwise available to 

22 the Secretary of the military department concerned. 

23 (2) POLICIES AND PROCEDURES.— 

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

25 military departments shall revise policies and 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•HR 3224 IH

1 procedures as necessary to comply with this sec2 tion. 

3 (B) UNIFORMITY.—The General Counsel 

4 of the Department of Defense shall review the 

5 policies and procedures revised under this para6 graph in order to ensure that any lack of uni7 formity in policies and procedures, as so re8 vised, among the military departments does not 

9 render unconstitutional any policy or procedure, 

10 as so revised. 

11 (3) MANUAL FOR COURTS-MARTIAL.—The Sec12 retary of Defense shall recommend such changes to 

13 the Manual for Courts-Martial as are necessary to 

14 ensure compliance with this section. 

15 (4) EFFECTIVE DATE AND APPLICABILITY.— 

16 The amendments made by this section shall take ef17 fect on the first day of the first month beginning 

18 after the 2-year period following the date of the en19 actment of this Act, and shall apply with respect to 

20 charges preferred under section 830 of title 10, 

21 United States Code (article 30 of the Uniform Code 

22 of Military Justice), on or after such effective date. 

23 SEC. 3. PUNITIVE ARTICLE ON SEXUAL HARASSMENT AND 

24 RELATED INVESTIGATION MATTERS. 

25 (a) PUNITIVE ARTICLE ON SEXUAL HARASSMENT.— 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•HR 3224 IH

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

2 of title 10, United States Code (the Uniform Code 

3 of Military Justice), is amended by inserting after 

4 section 920c (article 120c) the following new section 

5 (article): 

6 ‘‘§ 920d. Art. 120d. Sexual harassment 

7 ‘‘(a) IN GENERAL.—Any person subject to this chap8 ter who commits sexual harassment against another per9 son shall be punished as a court-martial may direct. 

10 ‘‘(b) SEXUAL HARASSMENT DEFINED.— 

11 ‘‘(1) In this section, the term ‘sexual harass12 ment’ means conduct that takes place in a cir13 cumstance described in paragraph (2) that takes the 

14 form of— 

15 ‘‘(A) a sexual advance; 

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

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

18 ‘‘(2) A circumstance described in this para19 graph is a situation in which— 

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

21 made either explicitly or implicitly a term or 

22 condition of employment; 

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

24 conduct is used as the basis for an employment 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•HR 3224 IH

1 decision affecting an individual’s employment; 

2 or 

3 ‘‘(C) such conduct unreasonably alters an 

4 individual’s terms, conditions, or privileges of 

5 employment, including by creating an intimi6 dating hostile, or offensive work environment, 

7 as determined in accordance with paragraph 

8 (3). 

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

10 (2)(C), whether conduct constitutes sexual harass11 ment because the conduct unreasonably alters an in12 dividual’s terms, conditions, or privileges of employ13 ment, including by creating an intimidating, hostile, 

14 or offensive work environment, the following rules 

15 shall apply: 

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

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

18 the totality of the circumstances. A single inci19 dent may constitute sexual harassment. 

20 ‘‘(B) Incidents that may be sexual harass21 ment shall be considered in the aggregate, 

22 with— 

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

24 expressions of sex-based hostility, requests 

25 for sexual favors, and denial of employVerDate Sep 11 2014 06:53 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3224.IH H3224

pbinns on DSKJLVW7X2PROD with BILLS
13 

•HR 3224 IH

1 ment opportunities due to sexual orienta2 tion) viewed in totality, rather than in iso3 lation; and 

4 ‘‘(ii) conduct based on multiple pro5 tected characteristics (such as sex and 

6 race) viewed in totality, rather than in iso7 lation. 

8 ‘‘(C) The factors specified in this subpara9 graph are among the factors to be considered in 

10 determining whether conduct constitutes sexual 

11 harassment and are not meant to be exhaustive. 

12 No one of those factors shall be considered to 

13 be determinative in establishing whether con14 duct constitutes sexual harassment. Such fac15 tors are each of the following: 

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

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

18 ‘‘(iii) The location where the conduct 

19 occurred. 

20 ‘‘(iv) The number of individuals en21 gaged in the conduct. 

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

23 may include physical, verbal, pictorial, or 

24 visual conduct, and conduct that occurs in 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•HR 3224 IH

1 person or is transmitted, such as electroni2 cally. 

3 ‘‘(vi) Whether the conduct is threat4 ening. 

5 ‘‘(vii) Any power differential between 

6 the alleged harasser and the person alleg7 edly harassed. 

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

9 other conduct that is humiliating or de10 grading. 

11 ‘‘(ix) Whether the conduct reflects 

12 stereotypes about individuals in the pro13 tected class involved.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such subchapter is amend16 ed by inserting after the item relating to section 

17 920c (article 120c) the following new item: 

‘‘920d. 120d. Sexual harassment.’’. 

18 (b) INVESTIGATIONS OF SEXUAL HARASSMENT.— 

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

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

21 ‘‘§ 1561. Complaints of sexual harassment: inde22 pendent investigation 

23 ‘‘(a) ACTION ON COMPLAINTS ALLEGING SEXUAL

24 HARASSMENT.—A commanding officer or officer in charge 

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


pbinns on DSKJLVW7X2PROD with BILLS
15 

•HR 3224 IH

1 the jurisdiction of the Secretary of a military department, 

2 who receives, from a member of the command or a mem3 ber under the supervision of the officer, a formal com4 plaint alleging sexual harassment by a member of the 

5 armed forces shall, as soon as practicable after such re6 ceipt, forward the complaint to an independent investi7 gator. 

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

9 extent practicable, an independent investigator shall com10 mence an investigation of a formal complaint of sexual 

11 harassment not later than 72 hours after— 

12 ‘‘(1) receiving a formal complaint of sexual har13 assment forwarded by a commanding officer or offi14 cer in charge under subsection (a); or 

15 ‘‘(2) receiving a formal complaint of sexual har16 assment directly from a member of the armed forces; 

17 and 

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

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

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

21 the investigation commences. 

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

23 extent practicable, an independent investigator who com24 mences an investigation under subsection (b) shall— 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•HR 3224 IH

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

2 investigation, including any action taken as a result 

3 of the investigation, to the officer described in sub4 section (a) not later than 20 days after the date on 

5 which the investigation commenced; or 

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

7 completing the investigation to the officer described 

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

9 date on which the investigation commenced and 

10 every 14 days thereafter until the investigation is 

11 completed and, upon completion of the investigation, 

12 then submit a final report on the results of the in13 vestigation, including any action taken as a result of 

14 the investigation, to that officer. 

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

16 ‘‘(1) The term ‘formal complaint’ means a com17 plaint that an individual files in writing and attests 

18 to the accuracy of the information contained in the 

19 complaint. 

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

21 a member of the armed forces or employee of the 

22 Department of Defense— 

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

24 of the complainant; and 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•HR 3224 IH

1 ‘‘(B) whom the Secretary concerned deter2 mines is trained in the investigation of sexual 

3 harassment. 

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

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

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

7 Justice).’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 80 of title 10, 

10 United States Code, is amended by striking the item 

11 relating to section 1561 and inserting the following 

12 new item: 

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

13 (3) EFFECTIVE DATE.—The amendment to sec14 tion 1561 of such title made by this subsection 

15 shall— 

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

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

18 (B) apply to any investigation of a formal 

19 complaint of sexual harassment (as those terms 

20 are defined in such section, as amended) made 

21 on or after that date. 

22 (4) REPORT ON IMPLEMENTATION.—Not later 

23 than nine months after the date of the enactment of 

24 this Act, each Secretary of a military department 

25 shall submit to Congress a report on preparation of 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•HR 3224 IH

1 that Secretary to implement the amendment to sec2 tion 1561 of such title made by this subsection. 

3 SEC. 4. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE 

4 ARMED FORCES AGAINST THE UNITED 

5 STATES THAT ARISE FROM SEX-RELATED OF6 FENSES. 

7 (a) ESTABLISHMENT.— 

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

9 United States Code, is amended by inserting after 

10 section 2733a the following new section: 

11 ‘‘§ 2733b. Claims arising from sex-related offenses 

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

13 under such regulations as the Secretary of Defense shall 

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

15 settle, and pay a claim against the United States for per16 sonal injury or death of a claimant arising from— 

17 ‘‘(1) a sex-related offense committed by a cov18 ered individual; and 

19 ‘‘(2)(A) the negligent failure to prevent such 

20 sex-related offense; or 

21 ‘‘(B) the negligent failure to investigate such 

22 sex-related offense. 

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

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


pbinns on DSKJLVW7X2PROD with BILLS
19 

•HR 3224 IH

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

2 the victim of the sex-related offense, or by an au3 thorized representative on behalf of such claimant 

4 who is deceased or otherwise unable to file the claim 

5 due to incapacitation; 

6 ‘‘(2) the claimant was a member of an armed 

7 force under the jurisdiction of the Secretary of a 

8 military department at the time of the sex-related 

9 offense; 

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

11 in writing within two years after the claim accrues; 

12 ‘‘(4) the claim is not allowed to be settled and 

13 paid under any other provision of law; and 

14 ‘‘(5) the claim is substantiated as prescribed in 

15 regulations prescribed by the Secretary of Defense 

16 under subsection (d). 

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

18 Defense determines, pursuant to regulations prescribed by 

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

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

21 is otherwise payable under this section, the Secretary may 

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

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

24 Treasury for payment under section 1304 of title 31. 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•HR 3224 IH

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

2 may be paid under this section unless the amount tendered 

3 is accepted by the claimant in full satisfaction. 

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

5 shall prescribe regulations to implement this section. 

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

7 paragraph (1) shall include the following: 

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

9 timely, efficient, and effective processing and admin10 istration of claims under this section, including— 

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

12 evaluation of a claim; 

13 ‘‘(ii) the negotiation, settlement, and pay14 ment of a claim; and 

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

16 processing and administration of a claim, in17 cluding an administrative appeals process, as 

18 the Secretary considers appropriate. 

19 ‘‘(B) Uniform standards consistent with gen20 erally accepted standards used in a majority of 

21 States in adjudicating claims under chapter 171 of 

22 title 28 (commonly known as the ‘Federal Tort 

23 Claims Act’) to be applied to the evaluation, settle24 ment, and payment of claims under this section 

25 without regard to the place of occurrence of the sexVerDate Sep 11 2014 06:53 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3224.IH H3224

pbinns on DSKJLVW7X2PROD with BILLS
21 

•HR 3224 IH

1 related offense giving rise to the claim or the mili2 tary department of the covered individual, and with3 out regard to foreign law in the case of claims aris4 ing in foreign countries, including uniform standards 

5 to be applied to determinations with respect to— 

6 ‘‘(i) whether an act or omission by a cov7 ered individual was negligent or wrongful, con8 sidering the specific facts and circumstances; 

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

10 of the claimant was caused by a negligent or 

11 wrongful act or omission of a covered indi12 vidual; 

13 ‘‘(iii) requirements relating to proof of 

14 duty, breach of duty, and causation resulting in 

15 compensable injury or loss, subject to such ex16 clusions as may be established by the Secretary 

17 of Defense; and 

18 ‘‘(iv) calculation of damages. 

19 ‘‘(C) Such other matters as the Secretary con20 siders appropriate. 

21 ‘‘(3) In order to implement expeditiously the provi22 sions of this section, the Secretary may prescribe the regu23 lations under this subsection— 

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


pbinns on DSKJLVW7X2PROD with BILLS
22 

•HR 3224 IH

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

2 such interim final rule and considering public com3 ments with respect to such interim final rule, by pre4 scribing a final rule. 

5 ‘‘(e) LIMITATIONS ON ATTORNEY FEES.—(1) No at6 torney shall charge, demand, receive, or collect for services 

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

8 pursuant to this section. 

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

10 or collects for services rendered in connection with a claim 

11 under this section any amount in excess of the amount 

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

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

14 one year, or both. 

15 ‘‘(3) The United States shall not be liable for any 

16 attorney fees of a claimant under this section. 

17 ‘‘(f) ANNUAL REPORT.—Not less frequently than an18 nually until 2026, the Secretary of Defense shall submit 

19 to the Committees on Armed Services of the Senate and 

20 the House of Representatives a report— 

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

22 under this section; 

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

24 claim; and 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•HR 3224 IH

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

2 enhance the effectiveness of the claims process under 

3 this section. 

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

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

6 member of the armed forces or an employee of the 

7 Department of Defense. 

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

9 meaning given that term in section 834 of this 

10 title.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 163 of such title 

13 is amended by inserting after the item relating to 

14 section 2733a the following new item: 

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

15 (b) INTERIM BRIEFING ON DEVELOPMENT OF REGU16 LATIONS.—Not later than 180 days after the date of the 

17 enactment of this Act, the Secretary of Defense shall pro18 vide to the Committees on Armed Services of the Senate 

19 and the House of Representatives a briefing on the devel20 opment of regulations under section 2733b(d) of title 10, 

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

22 (c) CONFORMING AMENDMENTS.— 

23 (1) Section 2735 of such title is amended by in24 serting ‘‘2733b,’’ after ‘‘2733a,’’. 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•HR 3224 IH

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

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

3 ‘‘2733a,’’. 

4 (d) EFFECTIVE DATE AND TRANSITION PROVI5 SION.— 

6 (1) EFFECTIVE DATE.—The amendments made 

7 by this section shall apply to any claim filed under 

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

9 (a)(1), on or after January 1, 2022. 

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

11 year 2021 shall be deemed to be filed within the 

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

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

14 after it accrues. 

15 SEC. 5. REPORTS ON SEXUAL HARASSMENT/ASSAULT RE16 SPONSE PROGRAMS OF THE ARMED FORCES. 

17 (a) SECRETARY OF DEFENSE REPORT.— 

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

19 after the date of the enactment of this Act, the Sec20 retary of Defense shall submit to Congress a report 

21 on the Sexual Harassment/Assault Response Pro22 grams of each military department. 

23 (2) ELEMENTS.—The report required by para24 graph (1) shall include the following: 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•HR 3224 IH

1 (A) A description and assessment of the 

2 Sexual Harassment/Assault Response Program 

3 of each military department including the fund4 ing for such program, the manner in which 

5 such funding is allocated, and the elements of 

6 such program that receive funding. 

7 (B) A comparative assessment of the feasi8 bility and advisability of carrying out the Sex9 ual Harassment/Assault Response Programs 

10 through each structure as follows: 

11 (i) The current structure. 

12 (ii) A structure involving discharge 

13 through civilian personnel. 

14 (iii) A structure involving discharge 

15 though substantial numbers of contractors. 

16 (iv) A structure involving the estab17 lishment of a military occupational spe18 cialty to permit members of the Armed 

19 Forces to extend their time in a Sexual 

20 Harassment/Assault Response Program 

21 and professionalize their services (including 

22 proper education and training as well as 

23 continuing education). 

24 (v) Any other structure the Secretary 

25 considers appropriate. 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•HR 3224 IH

1 (b) COMPTROLLER GENERAL OF THE UNITED

2 STATES REPORT.— 

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

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

5 Comptroller General of the United States shall sub6 mit to Congress a report on the Sexual Harassment/ 

7 Assault Response Programs of the military depart8 ments. 

9 (2) ELEMENTS.—The report required by para10 graph (1) shall include the following: 

11 (A) An assessment by the Comptroller 

12 General of the efficacy and impacts of the Sex13 ual Harassment/Assault Response Programs of 

14 the military departments. 

15 (B) Such recommendations as the Comp16 troller General considers appropriate for im17 provements to the Sexual Harassment/Assault 

18 Response Programs. 

19 SEC. 6. IMPROVEMENT OF THE SEXUAL HARASSMENT/AS20 SAULT RESPONSE PROGRAM OF THE ARMY. 

21 (a) IMPROVEMENTS AND MODIFICATIONS.— 

22 (1) IN GENERAL.—The Secretary of the Army 

23 shall take such actions as are necessary to enhance 

24 the independence and professionalization of the SexVerDate Sep 11 2014 06:53 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3224.IH H3224

pbinns on DSKJLVW7X2PROD with BILLS
27 

•HR 3224 IH

1 ual Harassment/Assault Response Program of the 

2 Army (referred to in this section as the ‘‘Program’’). 

3 (2) REGULATIONS AND GUIDANCE.—In carrying 

4 out paragraph (1), the Secretary of the Army shall 

5 modify the regulations, policies, and guidance relat6 ing to the Program, to meet the following criteria: 

7 (A) Personnel of the Program shall be se8 lected by the Department of the Army through 

9 a centralized process that does not rely upon in10 ternal unit appointments. 

11 (B) Personnel of the Program shall not be 

12 supervised by unit commanders. 

13 (C) The Program shall be structured to 

14 support the command while remaining inde15 pendent from local commands, including 

16 through the establishment of an independent re17 porting chain and a central supervisory office. 

18 (D) Except as provided subparagraph (E), 

19 the Program shall consist entirely of full-time 

20 personnel, including Victim Advocates and Sex21 ual Assault Response Coordinators. 

22 (E) Part-time personnel may be assigned 

23 to the Program only if the responsibilities of 

24 such personnel— 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•HR 3224 IH

1 (i) are limited to activities relating to 

2 prevention; and 

3 (ii) do not involve reporting or pro4 viding assistance directly to victims. 

5 (F) Each manager of the Program shall be 

6 a civilian employee of the Department of De7 fense who is— 

8 (i) a senior executive (as defined in 

9 section 3132 of title 5, United States 

10 Code); 

11 (ii) otherwise classified above GS–15 

12 (as provided in section 5108 of title 5, 

13 United States Code) and rated by the Sen14 ior Pentagon-level Commander of the Pro15 gram; or 

16 (iii) in the case of a manager sup17 porting an O–7 level command, an em18 ployee classified at GS–15. 

19 (G) The responsibilities of the Sexual As20 sault Review Board as set forth in regulation 

21 shall be revised to incorporate a requirement 

22 for periodic trend analysis of problems related 

23 to providing for the needs of victims. 

24 (b) REVIEW AND REPORT.— 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•HR 3224 IH

1 (1) IN GENERAL.—The Secretary of the Army 

2 shall— 

3 (A) evaluate whether to create a separate 

4 career track for personnel of the Program, 

5 which may include a separate occupational spe6 cialty or strengthened qualification identifier, 

7 with consideration of strategies for ensuring 

8 that positions in the Program are competitive 

9 for promotion with positions in other areas; and 

10 (B) conduct a comprehensive review of the 

11 certification courses and professional standards 

12 under the Program. 

13 (2) REPORT.—Not later than one year after the 

14 date of the enactment of this Act, the Secretary of 

15 the Army shall submit to the Committees on Armed 

16 Services of the Senate and the House of Representa17 tives a report on the results of the evaluation and 

18 review conducted under paragraph (1). 

19 (c) DEADLINE FOR IMPLEMENTATION.—The Sec20 retary of the Army shall implement the improvements and 

21 modifications required under subsections (a) and (b) not 

22 later than two years after the date of the enactment of 

23 this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS