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Survivors and Children of Military Rape Compensation Act

To establish a Federal compensation and support program for foreign civilian women and children harmed by rape committed abroad by members of the United States Armed Forces, and for other purposes.

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 “Survivors and Children of Military Rape Compensation Act”.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.

Congress finds the following:

  1. In foreign communities where members of the United States Armed Forces operate, are stationed, or are deployed, local civilian women and girls have been subjected to rape and sexual violence by members of the United States Armed Forces.
  2. In some cases, such rape has resulted in pregnancy and the birth of children.
  3. Women raising children conceived through rape often suffer severe and long-term financial, medical, psychological, and social harm, including loss of income, medical expenses, counseling costs, relocation expenses, childcare burdens, legal expenses, stigma, poverty, housing instability, and barriers to education and safety.
  4. Children conceived through rape may face abandonment, discrimination, lack of legal recognition, lack of educational opportunity, and severe economic hardship.
  5. Existing criminal, military, and administrative systems do not provide timely, meaningful, survivor-centered, long-term economic support to foreign civilian women and children harmed by rape committed abroad by members of the United States Armed Forces.
  6. Financial insecurity may prevent survivors from accessing safety, medical care, trauma recovery, education, justice, and long-term stability.
  7. Public policy should recognize rape not only as a violent crime, but also as a cause of substantial economic injury with intergenerational consequences.
  8. The United States has a responsibility to address harms caused by members of the United States Armed Forces against local civilian populations abroad.

(b) Purpose.

The purpose of this Act is—

  1. to establish a Federal compensation and support program for foreign civilian women who gave birth to children conceived through rape committed abroad by members of the United States Armed Forces;
  2. to provide long-term support for such children;
  3. to ensure that compensation under this Act is not conditioned on a criminal conviction, court judgment, admission of paternity, or participation in criminal proceedings;
  4. to create a survivor-centered claims process that is confidential, trauma-informed, and accessible abroad; and
  5. to affirm the responsibility of the United States to provide compensation and support for harms caused by its personnel.

SEC. 3. DEFINITIONS.

In this Act:

(1) COVERED SURVIVOR.

The term “covered survivor” means an individual who—

(A) is a foreign civilian national or resident of a foreign country;

(B) was subjected abroad to rape, sexual assault, or forced sexual penetration by a current or former member of the United States Armed Forces; and

(C) conceived and gave birth to a child as a result of such act.

(2) COVERED CHILD.

The term “covered child” means a child conceived as a result of conduct described in paragraph (1), regardless of nationality, citizenship, legitimacy, legal status, or whether paternity has been formally adjudicated or acknowledged.

(3) COVERED PERPETRATOR.

The term “covered perpetrator” means a current or former member of the United States Armed Forces.

(4) SECRETARY.

The term “Secretary” means the Secretary of War, acting in coordination with the Secretary of State and the Attorney General.

(5) ARMED FORCES.

The term “Armed Forces” has the meaning given that term in section 101 of title 10, United States Code.

SEC. 4. ESTABLISHMENT OF OVERSEAS SURVIVOR COMPENSATION FUND.

(a) Establishment.

There is established in the Treasury of the United States a fund to be known as the “Overseas Survivor Compensation Fund”.

(b) Availability.

Amounts in the Fund shall remain available without fiscal year limitation to carry out this Act.

(c) Use of Funds.

Amounts in the Fund shall be used for—

  1. direct lump-sum compensation to covered survivors;
  2. monthly financial support for covered children;
  3. prenatal, postnatal, reproductive, medical, and mental health care for covered survivors and covered children;
  4. emergency housing, long-term housing assistance, and relocation support;
  5. educational support for covered children;
  6. legal assistance, translation, documentation support, and case management;
  7. voluntary DNA testing where requested by the covered survivor and determined to be safe and appropriate; and
  8. administrative costs necessary to implement this Act.

SEC. 5. ELIGIBILITY FOR COMPENSATION AND BENEFITS.

(a) In General.

A claimant shall be eligible for compensation and support under this Act upon a showing, by a preponderance of the evidence, that—

  1. the claimant is a covered survivor; and
  2. the child at issue was conceived as a result of rape, sexual assault, or forced sexual penetration committed by a covered perpetrator.

(b) No Criminal Conviction Required.

Eligibility under this Act shall not require—

  1. a criminal conviction;
  2. a court judgment;
  3. proof that the perpetrator admitted guilt or paternity;
  4. proof that the survivor reported the offense at the time it occurred; or
  5. participation in a criminal investigation or prosecution.

(c) Evidence.

Evidence supporting a claim under this Act may include—

  1. a sworn statement of the survivor;
  2. medical, pregnancy, birth, or other health records;
  3. witness statements;
  4. military assignment, deployment, or location records;
  5. prior investigative, administrative, or governmental findings;
  6. DNA test results, if voluntarily submitted by the survivor; and
  7. any other credible documentary, physical, or testimonial evidence.

SEC. 6. COMPENSATION AND BENEFITS.

(a) Lump-Sum Payment to Survivor.

A covered survivor determined eligible under this Act shall receive a lump-sum payment of not less than $250,000.

(b) Monthly Support for Child.

For each covered child, the Secretary shall provide a monthly support payment of not less than $500, adjusted annually for inflation, until the child reaches 21 years of age.

(c) Education Benefit.

Each covered child shall be eligible for educational assistance, including tuition, fees, books, uniforms, transportation, and related educational expenses through secondary school, and may receive postsecondary educational assistance subject to regulations prescribed under this Act.

(d) Medical and Mental Health Care.

Covered survivors and covered children shall be eligible for benefits under this Act covering medical care, trauma care, counseling, psychiatric services, reproductive health care, and other related treatment.

(e) Housing and Safety Assistance.

A covered survivor may receive emergency housing assistance, long-term housing support, relocation assistance, and other safety-related aid when necessary due to stigma, retaliation, danger, or instability.

SEC. 7. CLAIMS PROCESS.

(a) Establishment of Office.

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an Independent Overseas Survivor Claims Office to receive, review, and adjudicate claims under this Act.

(b) Accessibility.

Claims may be submitted—

  1. electronically;
  2. through United States embassies and consulates;
  3. through approved nongovernmental organizations; or
  4. through designated local legal services or survivor support organizations.

(c) Language Access.

The Secretary shall ensure that claim forms, notices, and determinations are made available in relevant local languages.

(d) Trauma-Informed Procedures.

All personnel responsible for administering claims under this Act shall receive training in trauma-informed interviewing, sexual violence, coercion, cultural barriers, stigma, and survivor safety.

(e) Determination Deadline.

The Secretary shall issue an initial determination on a completed claim not later than 180 days after the date on which the claim is filed, except where additional time is necessary for good cause shown.

(f) Appeals Process.

The Secretary shall establish an administrative appeals process for claim denials, terminations, or reductions of benefits under this Act.

SEC. 8. CONFIDENTIALITY AND PRIVACY.

(a) Confidentiality of Identity.

A covered survivor shall not be required to publicly disclose her identity in order to seek benefits under this Act.

(b) Protection of Information.

Personally identifying information relating to a covered survivor or covered child shall be kept confidential and may not be disclosed except—

  1. with the informed written consent of the covered survivor; or
  2. as strictly necessary to process a claim under this Act, subject to protective safeguards.

(c) DNA Testing.

DNA testing under this Act shall be entirely voluntary and may not be used to compel contact, visitation, custody proceedings, or legal involvement between a covered survivor, covered child, and covered perpetrator.

SEC. 9. NO WAIVER OF OTHER RIGHTS.

Acceptance of compensation or support under this Act shall not—

  1. waive any right to pursue civil, criminal, administrative, immigration, nationality, or family-law remedies otherwise available under Federal law, foreign law, or international law;
  2. preclude the investigation or prosecution of any covered perpetrator; or
  3. constitute settlement in full satisfaction of any claim arising from the same conduct.

SEC. 10. RECOUPMENT.

(a) In General.

The Attorney General may pursue reimbursement or recoupment from a covered perpetrator for amounts paid under this Act, to the extent authorized by law.

(b) No Delay in Compensation.

Any action under subsection (a) shall not delay, reduce, or condition compensation or support owed to a covered survivor or covered child.

SEC. 11. STATUTE OF LIMITATIONS.

(a) In General.

A claim under this Act may be filed at any time before the covered child reaches 30 years of age.

(b) Delayed Disclosure.

Delayed reporting or filing may not be used as the sole basis for denying a claim under this Act, particularly where trauma, fear, stigma, age, coercion, displacement, threats, or lack of access to reporting mechanisms contributed to delay.

SEC. 12. NONDISCRIMINATION.

Eligibility for compensation or services under this Act may not be denied on the basis of—

  1. nationality;
  2. race or ethnicity;
  3. religion;
  4. marital status;
  5. immigration or citizenship status;
  6. legitimacy of birth;
  7. whether the survivor was a minor or adult at the time of the offense; or
  8. whether paternity has been formally acknowledged by the perpetrator.

SEC. 13. REPORT TO CONGRESS.

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that includes—

  1. the number of claims filed, approved, denied, and pending;
  2. the total amount of compensation and support distributed under this Act;
  3. a summary of implementation challenges;
  4. recommendations to improve access to the program; and
  5. country-by-country data presented in a manner that protects survivor confidentiality.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out this Act, including $500,000,000 for fiscal years 2027 through 2032.

SEC. 15. EFFECTIVE DATE.

This Act shall take effect on the date that is 180 days after the date of enactment of this Act.