Allowing claims against the United States for failing to prevent or investigate sexual misconduct

(a)

In general

Chapter 171 of title 28, United States Code, is amended by adding at the end the following:

2681.

Claims against the United States for military sexual trauma

(a)

Definitions

In this section:(1)

Covered individual

The term covered individual means— (A) a member of the Armed Forces, including a reserve component, who is serving on active duty or active Guard and Reserve duty (as those terms are defined in paragraphs (1) and (6), respectively, of section 101(d) of title 10); (B)a member of the National Guard who is serving on full-time National Guard duty (as that term is defined in section 101(d)(5) of title 10); or(C)a member of a reserve component or the Space Force while performing inactive-duty training (as that term is defined in section 101(d)(7) of title 10). (2)

Member of the armed forces

The term Armed Forces has the meaning given the term in section 101(a)(4) of title 10. (3)

Reserve component

The term reserve component means a component specified in section 10101 of title 10.(4)

Sexual misconduct

The term sexual misconduct means—(A)wrongful broadcast or distribution of intimate visual images punishable under section 917a of title 10 (article 117a of the Uniform Code of Military Justice); (B) rape (as that term is defined in section 920(a) of title 10 (article 120(a) of the Uniform Code of Military Justice)); (C)sexual assault (as that term is defined in section 920(b) of title 10 (article 120(b) of the Uniform Code of Military Justice));(D)aggravated sexual contact (as that term is defined in section 920(c) of title 10 (article 120(c) of the Uniform Code of Military Justice));(E)abusive sexual contact (as that term is defined in section 920(d) of title 10 (article 120(d) of the Uniform Code of Military Justice));(F)other sexual misconduct punishable under section 920c of title 10 (article 120c of the Uniform Code of Military Justice); and(G)the standalone offense of sexual harassment punishable under section 934 of title 10 (article 134 of the Uniform Code of Military Justice).(b)

Claims

An individual may bring suit against the United States for injury or death arising, while such individual was a member of the Armed Forces, including a reserve component, from—(1)sexual misconduct committed by a covered individual; and(2)(A)the negligent failure to prevent such sexual misconduct; (B) the negligent failure to investigate such sexual misconduct; or (C) any other such wrongful or negligent actions that contributed to the sexual misconduct alleged. (c)

No reduction for certain benefits

A claim under this section shall not be reduced by the amount of any health care or benefit provided under a provision of law administered by the Secretary of Veterans Affairs or the Secretary of Defense.(d)

Limitations period

Notwithstanding section 2401(b), a claim brought under this section shall have a 5-year statute of limitations beginning on the date any such claim accrues.(e)

Procedures

For purposes of claims brought under this section—(1)subsections (a), (h), (j), and (k) of section 2680 do not apply; and(2)the filing period under subsection (d) shall be tolled during the pendency of any investigation or proceeding related to the alleged sexual misconduct underlying the claim.

(b)

Clerical amendment

The table of sections for chapter 171 of title 28, United States Code, is amended by adding at the end the following:

2681. Claims against the United States for military sexual trauma.

(c)

Rule of construction

Nothing in this Act or the amendments made by this Act shall be construed to limit the application of the administrative process and procedures of chapter 171 of title 28, United States Code, to claims permitted under section 2681 of such chapter.(d)

Effective date

This Act and the amendments made by this Act shall apply to—(1)a claim arising on or after the date of the enactment of this Act; and(2)a claim arising before the date of the enactment of this Act, with respect to which the period of limitations shall be deemed to begin on the date of the enactment of this Act.