I am Vanessa Guillén Act of 2020

“(c) An officer specified in subsection (a)(8) may not convene a court-martial under this section if the officer is in the chain of command of the accused or the victim.”

“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 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.”

“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.

“(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).”

“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;

“(2) the negligent failure to prevent a sex-related offense committed by a covered individual; or

“(3) the negligent failure to investigate a sex-related offense committed by a covered individual.

“(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.”