SenateS. 4877119th Congress
Military Sexual Trauma Accountability Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4877 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4877
To amend chapter 171 of title 28, United States Code, to allow suit
against the United States for military sexual trauma.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2026
Mrs. Shaheen (for herself and Mr. Kennedy) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend chapter 171 of title 28, United States Code, to allow suit
against the United States for military sexual trauma.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Sexual Trauma
Accountability Act''.
SEC. 2. 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:
``Sec. 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.
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