[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3224 Introduced in House (IH)]

<DOC>






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. 
 Barragan, Mrs. Beatty, Mr. Beyer, Mr. Bilirakis, Mr. Blumenauer, Ms. 
   Bonamici, Mr. Brown, Ms. Brownley, Mrs. Bustos, Mr. Carbajal, Mr. 
Cardenas, 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. Garcia of Illinois, Mr. Gomez, 
    Mr. Tony Gonzales of Texas, Mr. Vicente Gonzalez of Texas, Miss 
 Gonzalez-Colon, 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. Sanchez, 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. Trone, Mr. Vargas, Mr. 
Veasey, Mr. Vela, Ms. Velazquez, 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.

    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 2021''.

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) Review 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) in subsection (a)(1), by striking ``Before 
                referral'' and inserting ``Except as provided in 
                subsection (c), before referral'';
                    (B) in subsection (b), by striking ``Before 
                referral'' and inserting ``Except as provided in 
                subsection (c), before referral'';
                    (C) by redesignating subsections (c) and (d) as 
                subsections (d) and (e) respectively; and
                    (D) by inserting after the subsection (b) the 
                following new subsection (c):
    ``(c) Referral and Determinations by Office of the Chief 
Prosecutor.--
            ``(1) In the case of a charge relating to a sex-related 
        offense, instead of submitting the charge, and any accompanying 
        charges and specifications, to the staff judge advocate under 
        subsection (a), the convening authority shall submit, as soon 
        as reasonably practicable, the charge and accompanying charges 
        and specifications to the Office of the Chief Prosecutor of the 
        armed force of which the accused is a member to make the 
        determination required by subsection (a). The advice and 
        recommendations of the Office of the Chief Prosecutor regarding 
        disposition of 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) If the Office of the Chief Prosecutor determines any 
        specification under a charge should be disposed of at 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 Office of the Chief Prosecutor's determination to 
        dispose of any reviewed charge by court-martial under paragraph 
        (3), and by type of court-martial, shall be transmitted to the 
        convening authority established in section 822(a)(8) of this 
        title, and shall be binding on any applicable convening 
        authority. The Office of the Chief Prosecutor will notify the 
        original convening authority of the determination.
            ``(6) A determination under paragraph (3) not to proceed to 
        trial on a charge 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), to impose non-judicial punishment in connection with the 
        conduct covered by the charge as authorized by section 815 of 
        this title (article 15), or to take other administrative 
        action.
            ``(7) 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 judge advocate in the grade of O-6 or above 
        who meets the requirements set forth in paragraphs (1) and (2) 
        of section 827(b) of title 10, United States Code (article 
        27(b) of the Uniform Code of Military Justice), and 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(c)(2) of 
this title (article 34(c)(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) an officer in the grade of O-6 or higher who is 
        assigned such responsibility by the Chief of Staff of the Army, 
        the Chief of Naval Operations, the Chief of Staff of the Air 
        Force, the Commandant of the Marine Corps, or the Chief of 
        Space Operations, except that an officer designated as a 
        convening authority under this paragraph--
                    ``(A) may convene a court-martial only with respect 
                to a sex-related offense (as defined in section 
                834(c)(2) of this title (article 34(c)(2))) and any 
                accompanying charges and specifications; and
                    ``(B) may not convene a court-martial if such 
                officer is in the chain of command of the accused or 
                the victim;''.
            (2) 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, the Commandant of the Marine Corps, 
                and the Chief of Space Operations shall each establish 
                or designate 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(c)(2) of 
                        title 10, United States Code (article 34(c)(2) 
                        of the Uniform Code of Military Justice)) and 
                        any accompanying charges and specifications.
                            (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 service chief 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 of title 10, 
        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, the 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; and
    ``(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. 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; and
            ``(2)(A) the negligent failure to prevent such sex-related 
        offense; or
            ``(B) the negligent failure to investigate such sex-related 
        offense.
    ``(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 2733a 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, 
        2022.
            (2) Transition.--Any claim filed in calendar year 2021 
        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. 5. 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. 6. IMPROVEMENT OF THE SEXUAL HARASSMENT/ASSAULT RESPONSE PROGRAM 
              OF THE ARMY.

    (a) Improvements and Modifications.--
            (1) In general.--The Secretary of the Army shall take such 
        actions as are necessary to enhance the independence and 
        professionalization of the Sexual Harassment/Assault Response 
        Program of the Army (referred to in this section as the 
        ``Program'').
            (2) Regulations and guidance.--In carrying out paragraph 
        (1), the Secretary of the Army shall modify the regulations, 
        policies, and guidance relating to the Program, to meet the 
        following criteria:
                    (A) Personnel of the Program shall be selected by 
                the Department of the Army through a centralized 
                process that does not rely upon internal unit 
                appointments.
                    (B) Personnel of the Program shall not be 
                supervised by unit commanders.
                    (C) The Program shall be structured to support the 
                command while remaining independent from local 
                commands, including through the establishment of an 
                independent reporting chain and a central supervisory 
                office.
                    (D) Except as provided subparagraph (E), the 
                Program shall consist entirely of full-time personnel, 
                including Victim Advocates and Sexual Assault Response 
                Coordinators.
                    (E) Part-time personnel may be assigned to the 
                Program only if the responsibilities of such 
                personnel--
                            (i) are limited to activities relating to 
                        prevention; and
                            (ii) do not involve reporting or providing 
                        assistance directly to victims.
                    (F) Each manager of the Program shall be a civilian 
                employee of the Department of Defense who is--
                            (i) a senior executive (as defined in 
                        section 3132 of title 5, United States Code);
                            (ii) otherwise classified above GS-15 (as 
                        provided in section 5108 of title 5, United 
                        States Code) and rated by the Senior Pentagon-
                        level Commander of the Program; or
                            (iii) in the case of a manager supporting 
                        an O-7 level command, an employee classified at 
                        GS-15.
                    (G) The responsibilities of the Sexual Assault 
                Review Board as set forth in regulation shall be 
                revised to incorporate a requirement for periodic trend 
                analysis of problems related to providing for the needs 
                of victims.
    (b) Review and Report.--
            (1) In general.--The Secretary of the Army shall--
                    (A) evaluate whether to create a separate career 
                track for personnel of the Program, which may include a 
                separate occupational specialty or strengthened 
                qualification identifier, with consideration of 
                strategies for ensuring that positions in the Program 
                are competitive for promotion with positions in other 
                areas; and
                    (B) conduct a comprehensive review of the 
                certification courses and professional standards under 
                the Program.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary of the Army shall submit 
        to the Committees on Armed Services of the Senate and the House 
        of Representatives a report on the results of the evaluation 
        and review conducted under paragraph (1).
    (c) Deadline for Implementation.--The Secretary of the Army shall 
implement the improvements and modifications required under subsections 
(a) and (b) not later than two years after the date of the enactment of 
this Act.
                                 <all>