S.Amdt. 3230

SA 3230. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 2296, to authorize appropriations for fiscal year
2026 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 D of title V, add the following:

SEC. 533. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE UNITED
STATES ARMED FORCES AGAINST THE UNITED STATES
FOR SEXUAL MISCONDUCT.

(a) In General.--Chapter 163 of title 10, United States
Code, is amended by inserting after section 2733a the
following new section:

``Sec. 2733b. Sexual misconduct claims by members of the
armed forces

``(a) In General.--Consistent with this section and under
such regulations as the Secretary of Defense shall prescribe
under subsection (i), the Secretary may allow, settle, and
pay a claim against the United States related to sexual
misconduct during the course of an individual's service in
the armed forces that was perpetrated by another member of
the armed forces, irrespective of whether the perpetrator was
acting within or outside the scope of his or her employment.
``(b) No Reduction for Certain Benefits.--A claim under
this section shall not

[[Page S5058]]

be reduced by the amount of any Department of Defense benefit
or health care payment received by the claimant.
``(c) Requirement for Claims.--(1) A claim may be allowed,
settled, and paid under subsection (a) only if--
``(A) the claim is filed by the member of the armed forces
who is the victim of the sexual misconduct claimed, or by an
authorized representative on behalf of such member who is
deceased or otherwise unable to file the claim due to
incapacitation;
``(B) the claim is presented to the Department in writing
within five years after the claim accrues;
``(C) the claim is not allowed to be settled and paid under
any other provision of law; and
``(D) a preponderance of the evidence supports the claim.
``(2) The filing period under paragraph (1)(B) shall be
tolled during the pendency of any investigation or proceeding
related to the alleged actions underlying the claim.
``(d) Liability.--(1) The Department of Defense is liable
for only the portion of compensable injury, loss, or damages
attributable to the sexual misconduct described in subsection
(a).
``(2) The failure to prevent, punish, or investigate the
sexual misconduct described in subsection (a) may be
considered in calculating the extent of liability under this
section.
``(3) The Department of Defense shall not be liable for the
attorney fees of a claimant under this section.
``(e) Payment of Claims.--(1) If the Secretary of Defense
determines, pursuant to regulations prescribed by the
Secretary under subsection (i), 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.
``(f) Immunity Limitation.--The United States may not
assert any claim to immunity in an action under this section
that would otherwise be available under section 2680(a) of
title 28, United States Code, or any other provision of law.
``(g) Justification of Denial.--If a claim under this
section is denied, the Secretary of Defense shall provide the
claimant with detailed reasoning justifying the denial of the
claim, including--
``(1) copies of any written reports prepared by any expert
upon which the denial is based, and information regarding the
qualifications of each such expert who provided an expert
opinion; and
``(2) all records and documents relied upon in preparing
such written reports.
``(h) Judicial Review.--An individual who files a claim
under this section may obtain judicial review of the decision
in a civil action commenced in an appropriate United States
District Court.
``(i) 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;
``(iii) such other matters relating to the processing and
administration of a claim, including an administrative
appeals process, as the Secretary considers appropriate; and
``(iv) provisions that would ensure claimants retain the
ability to receive documents and records and engage in a
traditional discovery process.
``(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 sexual misconduct
giving rise to the claim or the military department or
service of the member of the uniformed services, 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 calculation of damages that
are based on standards, currently in use in at least one
State, that are most favorable to claimants in terms of
limitations on 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.
``(j) Limitation on Attorney Fees.--(1) No attorney shall
charge, demand, receive, or collect for services rendered,
fees in excess of--
``(A) 25 percent of any claim paid pursuant to this section
with respect to which judicial review was sought under
subsection (h); or
``(B) 20 percent of any other 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.
``(k) Annual Reports.--Not less frequently than annually,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report on claims processed under this section that
includes, with respect to the period covered by the report,
the following:
``(1) The number of claims processed under this section.
``(2) The average timeline for resolving such claims.
``(3) The resolution of each such claim.
``(4) The number of claims that were denied based on the
claim not meeting one or more requirement specified in
subsection (c) (other than for not being substantiated
pursuant to paragraph (1)(D) of such subsection),
disaggregated by each such requirement.
``(5) Any other information that the Secretary determines
may enhance the effectiveness of the claims process under
this section.
``(l) Definitions.--In this section:
``(1) Member of the armed forces.--The term `member of the
armed forces' includes a member of a reserve component of the
armed forces if the claim under this section is in connection
with sexual misconduct that occurred while the victim and the
perpetrator of sexual misconduct were both in Federal status.
``(2) Sexual misconduct.--The term `sexual misconduct'
means--
``(A) rape (as that term is defined in section 920(a) of
this title (article 120(a) of the Uniform Code of Military
Justice);
``(B) sexual assault (as that term is defined in section
920(b) of this title (article 120(b) of the Uniform Code of
Military Justice));
``(C) aggravated sexual contact (as that term is defined in
section 920(c) of this title (article 120(c) of the Uniform
Code of Military Justice));
``(D) abusive sexual contact (as that term is defined in
section 920(d) of this title (article 120(d) of the Uniform
Code of Military Justice)); and
``(E) the standalone offense of sexual harassment
punishable under section 934 (article 134 of the Uniform Code
of Military Justice))''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2026.
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