S.Amdt. 3870

SA 3870. Mrs. GILLIBRAND submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, 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
``(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.

[[Page S7345]]

``(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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