[Congressional Record Volume 167, Number 168 (Monday, September 27, 2021)]
[Senate]
[Pages S6707-S6708]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3829. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 2792, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle C of title V, add the following:

     SEC. 530C. 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

[[Page S6708]]

       ``(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) A process through which any claimant who pursues an 
     administrative appeal of a claim will be provided with an 
     opportunity to participate in a live hearing regarding such 
     appeal, which may be attended by the claimant in-person or 
     remotely through electronic means.
       ``(C) 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, except that any standard 
     establishing a maximum limit on noneconomic damages may not 
     limit such damages to less than $800,000.
       ``(D) A requirement that any maximum limit on noneconomic 
     damages shall be not less than $800,000.
       ``(E) 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 1044e(h) 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.

     

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