‘‘(A) who is outside the chain of command 
of the complainant; and 
‘‘(B) whom the Secretary concerned deter-
mines is trained in the investigation of sexual 
harassment. 
‘‘(3) The term ‘sexual harassment’ has the 
meaning given that term in section 920d(b) of this 
title (article 120d of the Uniform Code of Military 
Justice).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 80 of title 10, 
United States Code, is amended by striking the item 
relating to section 1561 and inserting the following 
new item: 
‘‘1561. Complaints of sexual harassment: independent investigation.’’. 
(3) EFFECTIVE DATE.—The amendment to sec-
tion 1561 of such title made by this subsection 
shall— 
(A) take effect on the day that is two years 
after the date of the enactment of this Act; and 
(B) apply to any investigation of a formal 
complaint of sexual harassment (as those terms 
are defined in such section, as amended) made 
on or after that date. 
(4) REPORT ON IMPLEMENTATION.—Not later 
than nine months after the date of the enactment of 
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS
this Act, each Secretary of a military department 
shall submit to Congress a report on preparation of 
that Secretary to implement the amendment to sec-
tion 1561 of such title made by this subsection. 
SEC. 4. CONFIDENTIAL REPORTING OF SEXUAL HARASS-
MENT. 
(a) ESTABLISHMENT.—Chapter 80 of title 10, 
United States Code, is amended by inserting after section 
1561a the following new section: 
‘‘§ 1561b. Confidential reporting of sexual harassment 
‘‘(a) 
ESTABLISHMENT.—Notwithstanding 
section 
1561 of this title, the Secretary of Defense shall prescribe 
regulations establishing a process by which a member of 
an armed force under the jurisdiction of the Secretary of 
a military department may confidentially allege a com-
plaint of sexual harassment to an individual outside the 
immediate chain of command of that member. 
‘‘(b) RECEIPT OF COMPLAINT.—An individual des-
ignated to receive complaints under subsection (a)— 
‘‘(1) shall maintain the confidentiality of the 
member alleging the complaint; 
‘‘(2) shall provide to the member alleging the 
complaint the option— 
‘‘(A) to file a formal or informal report of 
sexual harassment; and 
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS
‘‘(B) to include reports related to such 
complaint in the Catch a Serial Offender Pro-
gram; and 
‘‘(3) shall provide to the commander of the 
complainant a report— 
‘‘(A) regarding the complaint; and 
‘‘(B) that does not contain any personally 
identifiable information regarding the complain-
ant. 
‘‘(c) EDUCATION; TRACKING.—The Secretary of De-
fense shall educate members under the jurisdiction of the 
Secretary of a military department regarding the process 
established under this section and track complaints alleged 
pursuant to such process. 
‘‘(d) REPORTING.—The Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and House of Representatives an annual report con-
taining data (that does not contain any personally identifi-
able information) relating to complaints alleged pursuant 
to the process established under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1561b the following new 
item: 
‘‘1561b. Confidential reporting of sexual harassment.’’. 
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6211
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS
(c) IMPLEMENTATION.—The Secretary shall carry 
out section 1561b of title 10, United States Code, as 
added by subsection (a), not later than one year after the 
date of the enactment of this Act. 
SEC. 5. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE 
ARMED 
FORCES 
AGAINST 
THE 
UNITED 
STATES THAT ARISE FROM SEX-RELATED OF-
FENSES. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—Chapter 163 of title 10, 
United States Code, is amended by inserting after 
section 2733a the following new section: 
‘‘§ 2733b. Claims arising from sex-related offenses 
‘‘(a) IN GENERAL.—Consistent with this section and 
under such regulations as the Secretary of Defense shall 
prescribe under subsection (d), the Secretary may allow, 
settle, and pay a claim against the United States for per-
sonal injury or death of a claimant arising from— 
‘‘(1) a sex-related offense committed by a cov-
ered individual; 
‘‘(2) the negligent failure to prevent a sex-re-
lated offense committed by a covered individual; or 
‘‘(3) the negligent failure to investigate a sex- 
related offense committed by a covered individual. 
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS
‘‘(b) REQUIREMENT FOR CLAIMS.—A claim may be 
allowed, settled, and paid under subsection (a) only if— 
‘‘(1) the claim is filed by the claimant who is 
the victim of the sex-related offense, or by an au-
thorized representative on behalf of such claimant 
who is deceased or otherwise unable to file the claim 
due to incapacitation; 
‘‘(2) the claimant was a member of an armed 
force under the jurisdiction of the Secretary of a 
military department at the time of the sex-related 
offense; 
‘‘(3) the claim is presented to the Department 
in writing within two years after the claim accrues; 
‘‘(4) the claim is not allowed to be settled and 
paid under any other provision of law; and 
‘‘(5) the claim is substantiated as prescribed in 
regulations prescribed by the Secretary of Defense 
under subsection (d). 
‘‘(c) PAYMENT OF CLAIMS.—(1) If the Secretary of 
Defense determines, pursuant to regulations prescribed by 
the Secretary under subsection (d), that a claim under this 
section in excess of $100,000 is meritorious, and the claim 
is otherwise payable under this section, the Secretary may 
pay the claimant $100,000 and report any meritorious 
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS
amount in excess of $100,000 to the Secretary of the 
Treasury for payment under section 1304 of title 31. 
‘‘(2) Except as provided in paragraph (1), no claim 
may be paid under this section unless the amount tendered 
is accepted by the claimant in full satisfaction. 
‘‘(d) REGULATIONS.—(1) The Secretary of Defense 
shall prescribe regulations to implement this section. 
‘‘(2) Regulations prescribed by the Secretary under 
paragraph (1) shall include the following: 
‘‘(A) Policies and procedures to ensure the 
timely, efficient, and effective processing and admin-
istration of claims under this section, including— 
‘‘(i) the filing, receipt, investigation, and 
evaluation of a claim; 
‘‘(ii) the negotiation, settlement, and pay-
ment of a claim; and 
‘‘(iii) such other matters relating to the 
processing and administration of a claim, in-
cluding an administrative appeals process, as 
the Secretary considers appropriate. 
‘‘(B) Uniform standards consistent with gen-
erally accepted standards used in a majority of 
States in adjudicating claims under chapter 171 of 
title 28 (commonly known as the ‘Federal Tort 
Claims Act’) to be applied to the evaluation, settle-
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS
ment, and payment of claims under this section 
without regard to the place of occurrence of the sex- 
related offense giving rise to the claim or the mili-
tary department of the covered individual, and with-
out regard to foreign law in the case of claims aris-
ing in foreign countries, including uniform standards 
to be applied to determinations with respect to— 
‘‘(i) whether an act or omission by a cov-
ered individual was negligent or wrongful, con-
sidering the specific facts and circumstances; 
‘‘(ii) whether the personal injury or death 
of the claimant was caused by a negligent or 
wrongful act or omission of a covered indi-
vidual; 
‘‘(iii) requirements relating to proof of 
duty, breach of duty, and causation resulting in 
compensable injury or loss, subject to such ex-
clusions as may be established by the Secretary 
of Defense; and 
‘‘(iv) calculation of damages. 
‘‘(C) Such other matters as the Secretary con-
siders appropriate. 
‘‘(3) In order to implement expeditiously the provi-
sions of this section, the Secretary may prescribe the regu-
lations under this subsection— 
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS
‘‘(A) by prescribing an interim final rule; and 
‘‘(B) not later than one year after prescribing 
such interim final rule and considering public com-
ments with respect to such interim final rule, by pre-
scribing a final rule. 
‘‘(e) LIMITATIONS ON ATTORNEY FEES.—(1) No at-
torney shall charge, demand, receive, or collect for services 
rendered, fees in excess of 20 percent of any claim paid 
pursuant to this section. 
‘‘(2) Any attorney who charges, demands, receives, 
or collects for services rendered in connection with a claim 
under this section any amount in excess of the amount 
allowed under paragraph (1), if recovery be had, shall be 
fined not more than $2,000, imprisoned not more than 
one year, or both. 
‘‘(3) The United States shall not be liable for any 
attorney fees of a claimant under this section. 
‘‘(f) ANNUAL REPORT.—Not less frequently than an-
nually until 2026, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and 
the House of Representatives a report— 
‘‘(1) indicating the number of claims processed 
under this section; 
‘‘(2) indicating the resolution of each such 
claim; and 
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS
‘‘(3) describing any other information that may 
enhance the effectiveness of the claims process under 
this section. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered individual’ means a 
member of the armed forces or an employee of the 
Department of Defense. 
‘‘(2) The term ‘sex-related offense’ has the 
meaning given that term in section 834 of this 
title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 163 of such title 
is amended by inserting after the item relating to 
section 2733 the following new item: 
‘‘2733b. Claims arising from sex-related offenses.’’. 
(b) INTERIM BRIEFING ON DEVELOPMENT OF REGU-
LATIONS.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall pro-
vide to the Committees on Armed Services of the Senate 
and the House of Representatives a briefing on the devel-
opment of regulations under section 2733b(d) of title 10, 
United States Code, as added by subsection (a)(1). 
(c) CONFORMING AMENDMENTS.— 
(1) Section 2735 of such title is amended by in-
serting ‘‘2733b,’’ after ‘‘2733a,’’. 
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS
(2) Section 1304(a)(3)(D) of title 31, United 
States Code, is amended by inserting ‘‘2733b,’’ after 
‘‘2733a,’’. 
(d) EFFECTIVE DATE
AND TRANSITION PROVI-
SION.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall apply to any claim filed under 
section 2733b of such title, as added by subsection 
(a)(1), on or after January 1, 2021. 
(2) TRANSITION.—Any claim filed in calendar 
year 2020 shall be deemed to be filed within the 
time period specified in section 2733b(b)(2) of such 
title, as so added, if it is filed within three years 
after it accrues. 
SEC. 6. REPORTS ON SEXUAL HARASSMENT/ASSAULT RE-
SPONSE PROGRAMS OF THE ARMED FORCES. 
(a) SECRETARY OF DEFENSE REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to Congress a report 
on the Sexual Harassment/Assault Response Pro-
grams of each military department. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS
(A) A description and assessment of the 
Sexual Harassment/Assault Response Program 
of each military department including the fund-
ing for such program, the manner in which 
such funding is allocated, and the elements of 
such program that receive funding. 
(B) A comparative assessment of the feasi-
bility and advisability of carrying out the Sex-
ual Harassment/Assault Response Programs 
through each structure as follows: 
(i) The current structure. 
(ii) A structure involving discharge 
through civilian personnel. 
(iii) A structure involving discharge 
though substantial numbers of contractors. 
(iv) A structure involving the estab-
lishment of a military occupational spe-
cialty to permit members of the Armed 
Forces to extend their time in a Sexual 
Harassment/Assault 
Response 
Program 
and professionalize their services (including 
proper education and training as well as 
continuing education). 
(v) Any other structure the Secretary 
considers appropriate. 
VerDate Sep 11 2014 
02:09 Sep 29, 2020
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H8270.IH
H8270
SSpencer on DSK126QN23PROD with BILLS