[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8270 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8270

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

                           September 16, 2020

Ms. Speier (for herself, Mr. Mullin, Ms. Garcia of Texas, Mr. Carter of 
 Texas, Ms. Escobar, Mr. Olson, Mr. Cisneros, Mr. Balderson, Mr. Crow, 
  Mr. Hurd of Texas, Mr. Kim, Mr. Castro of Texas, Ms. Pressley, Mr. 
Doggett, Mr. Hastings, Mr. Malinowski, Mr. Vela, Ms. Norton, Mr. Beyer, 
Mr. Cuellar, Mr. Garamendi, Mrs. Hayes, Ms. Gabbard, Ms. Ocasio-Cortez, 
   Ms. Haaland, Mrs. Carolyn B. Maloney of New York, Mr. Thompson of 
   California, Ms. Sherrill, Mr. Raskin, Mr. Brown of Maryland, Mr. 
 Gonzalez of Texas, Mr. McGovern, Ms. Roybal-Allard, Mr. Panetta, Ms. 
   Scanlon, Ms. Eshoo, Mrs. Trahan, Mr. Grijalva, Ms. Velazquez, Mr. 
 Sires, Mrs. Watson Coleman, Ms. Kuster of New Hampshire, Mr. Gallego, 
 Mr. Rose of New York, Mr. Veasey, Ms. Kendra S. Horn of Oklahoma, Ms. 
 Castor of Florida, Mr. Carson of Indiana, Ms. Pingree, Mr. Cardenas, 
   Ms. Lee of California, Mr. Welch, Mrs. Torres of California, Mr. 
 Khanna, Mr. Correa, Mrs. Dingell, Mr. O'Halleran, Ms. Spanberger, Mr. 
  Lynch, Mr. Larson of Connecticut, Mrs. Lesko, Ms. Jackson Lee, Mr. 
 Blumenauer, Mr. Garcia of Illinois, Mr. Courtney, Mrs. Lawrence, Ms. 
  Brownley of California, Ms. Frankel, Ms. Bonamici, Mr. Cooper, Mr. 
  Danny K. Davis of Illinois, Mr. Connolly, Ms. Moore, Ms. Wilson of 
 Florida, Ms. Clark of Massachusetts, Mr. Heck, Ms. Meng, Ms. Kaptur, 
 Mr. Lowenthal, Ms. Wild, Mr. Ruppersberger, Ms. McCollum, Mr. Takano, 
    Ms. Tlaib, Mr. Brendan F. Boyle of Pennsylvania, Mr. Evans, Ms. 
Jayapal, Mr. Trone, Ms. DeLauro, Mr. Espaillat, Mr. Cox of California, 
Ms. Wasserman Schultz, Mrs. Bustos, Ms. Adams, Mr. Higgins of New York, 
Mr. Crist, Ms. Lofgren, Mr. Kildee, Mr. Ted Lieu of California, and Mr. 
  Brindisi) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``I am Vanessa Guillen Act of 2020''.

SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY 
              COURT-MARTIAL ON CHARGES INVOLVING SEX-RELATED OFFENSES.

    (a) Role of Office of the Chief Prosecutor in Determination To 
Proceed to Trial on Charge Involving Sex-Related Offense.--
            (1) Referral and determinations by office of the chief 
        prosecutor.--Section 834 of title 10, United States Code 
        (article 34 of the Uniform Code of Military Justice) is 
        amended--
                    (A) by redesignating subsection (d) as subsection 
                (e); and
                    (B) by inserting after the subsection (c) the 
                following new subsection (d):
    ``(d) Referral to Office of the Chief Prosecutor.--(1) In the case 
of a charge relating to a sex-related offense, in addition to referring 
the charge to the staff judge advocate under subsection (a), the 
convening authority shall refer, as soon as reasonably practicable, the 
charge to the Office of the Chief Prosecutor of the armed force of 
which the accused is a member to make the determination required by 
paragraph (3). The actions of the Office of the Chief Prosecutor under 
this subsection whether or not to try charges by court-martial shall be 
free of unlawful or unauthorized influence or coercion.
    ``(2) For purposes of this subsection, the term `sex-related 
offense' means any of the following:
            ``(A) An offense covered by section 920, 920a, 920b, 920c, 
        or 920d of this title (article 120, 120a, 120b, 120c, or 120d).
            ``(B) A conspiracy to commit an offense specified in 
        subparagraph (A) as punishable under section 881 of this title 
        (article 81).
            ``(C) A solicitation to commit an offense specified in 
        subparagraph (A) as punishable under section 882 of this title 
        (article 82).
            ``(D) An attempt to commit an offense specified in 
        subparagraphs (A) through (C) as punishable under section 880 
        of this title (article 80).
    ``(3) The Office of the Chief Prosecutor shall make a determination 
regarding whether a charge relating to a sex-related offense should be 
referred to trial. If the Office of the Chief Prosecutor makes a 
determination to try the charge by court-martial, the Office of the 
Chief Prosecutor also shall determine whether to try the charge by a 
general court-martial convened under section 822 of this title (article 
22) or a special court-martial convened under section 823 of this title 
(article 23).
    ``(4) A determination under paragraph (3) to try a charge relating 
to a sex-related offense by court-martial shall include a determination 
to try all known offenses, including lesser included offenses.
    ``(5) The determination to try a charge relating to a sex-related 
offense by court-martial under paragraph (3), and by type of court-
martial, shall be binding on any applicable convening authority for a 
trial by court-martial on the charge.
    ``(6) A determination under paragraph (3) not to proceed to trial 
on a charge relating to a sex-related offense by general or special 
court-martial shall not operate to terminate or otherwise alter the 
authority of commanding officers to refer such charge for trial by 
summary court-martial convened under section 824 of this title (article 
24), or to impose non-judicial punishment in connection with the 
conduct covered by the charge as authorized by section 815 of this 
title (article 15).
    ``(7) Nothing in this subsection shall be construed to alter or 
affect the disposition of charges under this chapter (the Uniform Code 
of Military Justice) that allege an offense triable by court-martial 
under this chapter for which the maximum punishment authorized under 
this chapter includes confinement for one year or less.
    ``(8) This subsection does not apply to the Coast Guard when it is 
not operating as a service in the Department of the Navy.''.
            (2) Appointment of chief prosecutor.--For any Armed Force 
        (other than the Coast Guard) for which the position of Chief 
        Prosecutor does not exist as of the date of the enactment of 
        this Act, the Judge Advocate General of that Armed Force shall 
        establish the position of Chief Prosecutor and appoint as the 
        Chief Prosecutor a commissioned officer in the grade of O-6 or 
        above who has significant experience prosecuting sexual assault 
        trials by court-martial.
    (b) Chief Prosecutor Authority To Convene Article 32 Preliminary 
Hearings.--Section 832(a) of title 10, United States Code (article 
32(a) of the Uniform Code of Military Justice), is amended by adding at 
the end the following new paragraph:
    ``(3) The Office of the Chief Prosecutor of an armed force may 
order a preliminary hearing under this section in the event of an 
allegation of a sex-related offense (as defined in section 834(d)(2) of 
this title (article 34(d)(2))) involving a member of that armed force. 
This paragraph does not apply to the Coast Guard when it is not 
operating as a service in the Department of the Navy.''.
    (c) Modification of Officers Authorized To Convene General and 
Special Courts-Martial.--
            (1) In general.--Section 822(a) of title 10, United States 
        Code (article 22(a) of the Uniform Code of Military Justice) is 
        amended--
                    (A) by redesignating paragraphs (8) and (9) as 
                paragraphs (9) and (10), respectively; and
                    (B) by inserting after paragraph (7) the following 
                new paragraph (8):
            ``(8) the officers in the offices established pursuant to 
        section 546(c)(3) of the National Defense Authorization Act for 
        Fiscal Year 2016 or officers in the grade of O-6 or higher who 
        are assigned such responsibility by the Chief of Staff of the 
        Army, the Chief of Naval Operations, the Chief of Staff of the 
        Air Force, or the Commandant of the Marine Corps, but only with 
        respect to a sex-related offense (as defined in section 
        834(d)(2) of this title (article 34(d)(2)));''.
            (2) No exercise by officers in chain of command of accused 
        or victim.--Section 822 of title 10, United States Code 
        (article 22 of the Uniform Code of Military Justice) is amended 
        by adding at the end the following new subsection:
    ``(c) An officer specified in subsection (a)(8) may not convene a 
court-martial under this section if the officer is in the chain of 
command of the accused or the victim.''.
            (3) Offices of chiefs of staff on courts-martial.--
                    (A) Offices required.--The Chief of Staff of the 
                Army, the Chief of Naval Operations, the Chief of Staff 
                of the Air Force, or the Commandant of the Marine Corps 
                shall establish an office to do the following:
                            (i) To convene general and special courts-
                        martial under sections 822 and 823 of title 10, 
                        United States Code (articles 22 and 23 of the 
                        Uniform Code of Military Justice), pursuant to 
                        paragraph (8) of section 822(a) of title 10, 
                        United States Code (article 22(a) of the 
                        Uniform Code of Military Justice), as amended 
                        by paragraph (1), with respect to a sex-related 
                        offense (as defined in section 834(d)(2) of 
                        title 10, United States Code (article 34(d)(2) 
                        of the Uniform Code of Military Justice)).
                            (ii) To detail under section 825 of title 
                        10, United States Code (article 25 of the 
                        Uniform Code of Military Justice), members of 
                        courts-martial convened as described in clause 
                        (i).
                    (B) Personnel.--The personnel of each office 
                established under subparagraph (A) shall consist of 
                such members of the Armed Forces and civilian personnel 
                of the Department of Defense as may be detailed or 
                assigned to the office by the Chief of Staff or 
                Commandant concerned. The members and personnel so 
                detailed or assigned, as the case may be, shall be 
                detailed or assigned from personnel billets in 
                existence on the date of the enactment of this Act.
    (d) Implementation and Effective Date.--
            (1) Funding source.--The Secretaries of the military 
        departments shall carry out subsections (a), (b), and (c) (and 
        the amendments made by such subsections) using funds 
        appropriated after the date of enactment of this Act and 
        otherwise available to the Secretary of the military department 
        concerned.
            (2) Policies and procedures.--
                    (A) In general.--The Secretaries of the military 
                departments shall revise policies and procedures as 
                necessary to comply with this section.
                    (B) Uniformity.--The General Counsel of the 
                Department of Defense shall review the policies and 
                procedures revised under this paragraph in order to 
                ensure that any lack of uniformity in policies and 
                procedures, as so revised, among the military 
                departments does not render unconstitutional any policy 
                or procedure, as so revised.
            (3) Manual for courts-martial.--The Secretary of Defense 
        shall recommend such changes to the Manual for Courts-Martial 
        as are necessary to ensure compliance with this section.
            (4) Effective date and applicability.--The amendments made 
        by this section shall take effect on the first day of the first 
        month beginning after the 2-year period following the date of 
        the enactment of this Act, and shall apply with respect to 
        charges preferred under section 830 of title 10, United States 
        Code (article 30 of the Uniform Code of Military Justice), on 
        or after such effective date.

SEC. 3. PUNITIVE ARTICLE ON SEXUAL HARASSMENT AND RELATED INVESTIGATION 
              MATTERS.

    (a) Punitive Article on Sexual Harassment.--
            (1) In general.--Subchapter X of chapter 47, United States 
        Code (the Uniform Code of Military Justice), is amended by 
        inserting after section 920c (article 120c) the following new 
        section (article):
``Sec. 920d. Art. 120d. Sexual harassment
    ``(a) In General.--Any person subject to this chapter who commits 
sexual harassment against another person shall be punished as a court-
martial may direct.
    ``(b) Sexual Harassment Defined.--
            ``(1) In this section term `sexual harassment' means 
        conduct that takes place in a circumstance described in 
        paragraph (2) that takes the form of--
                    ``(A) a sexual advance;
                    ``(B) a request for sexual favors; or
                    ``(C) any other conduct of a sexual nature.
            ``(2) A circumstance described in this paragraph is a 
        situation in which--
                    ``(A) submission to the conduct involved is made 
                either explicitly or implicitly a term or condition of 
                employment;
                    ``(B) submission to or rejection of such conduct is 
                used as the basis for an employment decision affecting 
                an individual's employment; or
                    ``(C) such conduct unreasonably alters an 
                individual's terms, conditions, or privileges of 
                employment, including by creating an intimidating 
                hostile, or offensive work environment, as determined 
                in accordance with paragraph (3).
            ``(3) In determining, for purposes of paragraph (2)(C), 
        whether conduct constitutes sexual harassment because the 
        conduct unreasonably alters an individual's terms, conditions, 
        or privileges of employment, including by creating an 
        intimidating, hostile, or offensive work environment, the 
        following rules shall apply:
                    ``(A) The determination shall be made on the basis 
                of the record as a whole, according to the totality of 
                the circumstances. A single incident may constitute 
                sexual harassment.
                    ``(B) Incidents that may be sexual harassment shall 
                be considered in the aggregate, with--
                            ``(i) conduct of varying types (such as 
                        expressions of sex-based hostility, requests 
                        for sexual favors, and denial of employment 
                        opportunities due to sexual orientation) viewed 
                        in totality, rather than in isolation; and
                            ``(ii) conduct based on multiple protected 
                        characteristics (such as sex and race) viewed 
                        in totality, rather than in isolation.
                    ``(C) The factors specified in this subparagraph 
                are among the factors to be considered in determining 
                whether conduct constitutes sexual harassment and are 
                not meant to be exhaustive. No one of those factors 
                shall be considered to be determinative in establishing 
                whether conduct constitutes sexual harassment. Such 
                factors are each of the following:
                            ``(i) The frequency of the conduct.
                            ``(ii) The duration of the conduct.
                            ``(iii) The location where the conduct 
                        occurred.
                            ``(iv) The number of individuals engaged in 
                        the conduct.
                            ``(v) The nature of the conduct, which may 
                        include physical, verbal, pictorial, or visual 
                        conduct, and conduct that occurs in person or 
                        is transmitted, such as electronically.
                            ``(vi) Whether the conduct is threatening.
                            ``(vii) Any power differential between the 
                        alleged harasser and the person allegedly 
                        harassed.
                            ``(viii) Any use of epithets, slurs, or 
                        other conduct that is humiliating or degrading.
                            ``(ix) Whether the conduct reflects 
                        stereotypes about individuals in the protected 
                        class involved.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by inserting after the 
        item relating to section 920c (article 120c) the following new 
        item:

``920d. 120d. Sexual harassment.''.
    (b) Investigations of Sexual Harassment.--
            (1) In general.--Section 1561 of title 10, United States 
        Code, is amended to read as follows:
``Sec. 1561. Complaints of sexual harassment: independent investigation
    ``(a) Action on Complaints Alleging Sexual Harassment.--A 
commanding officer or officer in charge of a unit, vessel, facility, or 
area of an armed force under the jurisdiction of the Secretary of a 
military department, who receives, from a member of the command or a 
member under the supervision of the officer, a formal complaint 
alleging sexual harassment by a member of the armed forces shall, as 
soon as practicable after such receipt, forward the complaint to an 
independent investigator.
    ``(b) Commencement of Investigation.--To the extent practicable, an 
independent investigator shall commence an investigation of a formal 
complaint of sexual harassment not later than 72 hours after--
            ``(1) receiving a formal complaint of sexual harassment 
        forwarded by a commanding officer or officer in charge under 
        subsection (a); or
            ``(2) receiving a formal complaint of sexual harassment 
        directly from a member of the armed forces.
    ``(c) Duration of Investigation.--To the extent practicable, an 
investigation under subsection (b) shall be completed not later than 14 
days after the date on which the investigation commences.
    ``(d) Report on Command Investigation.--To the extent practicable, 
an independent investigator who commences an investigation under 
subsection (b) shall--
            ``(1) submit a final report on the results of the 
        investigation, including any action taken as a result of the 
        investigation, to the officer described in subsection (a) not 
        later than 20 days after the date on which the investigation 
        commenced; or
            ``(2) submit a report on the progress made in completing 
        the investigation to the officer described in subsection (a) 
        not later than 20 days after the date on which the 
        investigation commenced and every 14 days thereafter until the 
        investigation is completed and, upon completion of the 
        investigation, then submit a final report on the results of the 
        investigation, including any action taken as a result of the 
        investigation, to that officer.
    ``(e) Definitions.--In this section:
            ``(1) The term `formal complaint' means a complaint that an 
        individual files in writing and attests to the accuracy of the 
        information contained in the complaint.
            ``(2) The term `independent investigator' means a member of 
        the armed forces or employee of the Department of Defense--
                    ``(A) who is outside the chain of command of the 
                complainant; and
                    ``(B) whom the Secretary concerned determines 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 sections 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 section 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 this Act, each Secretary of 
        a military department shall submit to Congress a report on 
        preparation of that Secretary to implement the amendment to 
        section 1561 of such title made by this subsection.

SEC. 4. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT.

    (a) Establishment.--Chapter 80 of title 10, United States Code, is 
amended by inserting after section 1561a the following new section:
``Sec. 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 
complaint of sexual harassment to an individual outside the immediate 
chain of command of that member.
    ``(b) Receipt of Complaint.--An individual designated 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
                    ``(B) to include reports related to such complaint 
                in the Catch a Serial Offender Program; 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 complainant.
    ``(c) Education; Tracking.--The Secretary of Defense 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 Senate and House of Representatives 
an annual report containing data (that does not contain any personally 
identifiable 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.''.
    (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 OFFENSES.

    (a) Establishment.--
            (1) In general.--Chapter 163 of title 10, United States 
        Code, is amended by inserting after section 2733a the following 
        new section:
``Sec. 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 personal injury or death of a claimant 
arising from--
            ``(1) a sex-related offense committed by a covered 
        individual;
            ``(2) the negligent failure to prevent a sex-related 
        offense committed by a covered individual; or
            ``(3) the negligent failure to investigate a sex-related 
        offense committed by a covered individual.
    ``(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 authorized 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 
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 administration of 
        claims under this section, including--
                    ``(i) the filing, receipt, investigation, and 
                evaluation of a claim;
                    ``(ii) the negotiation, settlement, and payment of 
                a claim; and
                    ``(iii) such other matters relating to the 
                processing and administration of a claim, including an 
                administrative appeals process, as the Secretary 
                considers appropriate.
            ``(B) Uniform standards consistent with generally 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, settlement, 
        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 military department of the covered individual, 
        and without regard to foreign law in the case of claims arising 
        in foreign countries, including uniform standards to be applied 
        to determinations with respect to--
                    ``(i) whether an act or omission by a covered 
                individual was negligent or wrongful, considering 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 individual;
                    ``(iii) requirements relating to proof of duty, 
                breach of duty, and causation resulting in compensable 
                injury or loss, subject to such exclusions as may be 
                established by the Secretary of Defense; and
                    ``(iv) calculation of damages.
            ``(C) Such other matters as the Secretary considers 
        appropriate.
    ``(3) In order to implement expeditiously the provisions of this 
section, the Secretary may prescribe the regulations under this 
subsection--
            ``(A) by prescribing an interim final rule; and
            ``(B) not later than one year after prescribing such 
        interim final rule and considering public comments with respect 
        to such interim final rule, by prescribing a final rule.
    ``(e) Limitations on Attorney Fees.--(1) No attorney 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 annually 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
            ``(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 sections 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 Regulations.--Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
Defense shall provide to the Committees on Armed Services of the Senate 
and the House of Representatives a briefing on the development 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 inserting 
        ``2733b,'' after ``2733a,''.
            (2) Section 1304(a)(3)(D) of title 31, United States Code, 
        is amended by inserting ``2733b,'' after ``2733a,''.
    (d) Effective Date and Transition Provision.--
            (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 RESPONSE 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 Secretary of Defense shall 
        submit to Congress a report on the Sexual Harassment/Assault 
        Response Programs of each military department.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A description and assessment of the Sexual 
                Harassment/Assault Response Program of each military 
                department including the funding 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 feasibility and 
                advisability of carrying out the Sexual 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 
                        establishment of a military occupational 
                        specialty 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.
    (b) Comptroller General of the United States Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit to Congress a report on the Sexual 
        Harassment/Assault Response Programs of the military 
        departments.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) An assessment by the Comptroller General of the 
                efficacy and impacts of the Sexual Harassment/Assault 
                Response Programs of the military departments.
                    (B) Such recommendations as the Comptroller General 
                considers appropriate for improvements to the Sexual 
                Harassment/Assault Response Programs.

SEC. 7. GAO STUDY OF MEMBERS ABSENT WITHOUT LEAVE OR ON UNAUTHORIZED 
              ABSENCE.

    (a) Study; Report.--Not later than September 30, 2021, the 
Comptroller General of the United States shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a report 
containing the results of a study regarding how the Secretaries of the 
military departments handle cases of members of the Armed Forces under 
their respective jurisdictions who are absent without leave or on 
unauthorized absence.
    (b) Elements.--The study under this section shall include the 
following:
            (1) The procedures and guidelines established by each 
        military department for the investigation of such a case.
            (2) The guidelines for distinguishing between--
                    (A) common cases;
                    (B) cases that may involve foul play or accident; 
                and
                    (C) cases wherein the member may be in danger.
            (3) The current guidelines for cooperation and coordination 
        between military investigative agencies and--
                    (A) local law enforcement agencies;
                    (B) Tribal law enforcement agencies; and
                    (C) Federal law enforcement agencies.
            (4) The current guidelines for use of traditional and 
        social media in conjunction with such cases.
            (5) Military resources available for such cases and any 
        apparent shortfalls in such resources.
            (6) How the procedures for such cases vary between military 
        departments.
            (7) How the procedures described in paragraph (6) vary from 
        procedures used by local and Federal law enforcement.
            (8) Best practices for responding to and investigating such 
        cases.
            (9) Any other matter the Comptroller General determines 
        appropriate.
                                 <all>