Section 1 Short title
This Act may be cited as the “Sexual Harassment Independent Investigations and Prosecution Act”.
Sexual Harassment Independent Investigations and Prosecution Act
A BILL
To provide for the independent investigation and prosecution of sexual harassment under the Uniform Code of Military Justice, and for other purposes.
Sec. 2 Inclusion of sexual harassment in offenses subject to authority of special trial counsel
Definition of covered offense— Section 801(17)(A) of title 10, United States Code (article 1(17)(A) of the Uniform Code of Military Justice), as added by section 533 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), is amended—
by striking “or”; and
by striking “of this title” and inserting “, or the standalone offense of sexual harassment punishable under section 934 (article 134) of this title”.
Effective date— The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by section 533 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in section 539C of that Act.
Sec. 3 Independent investigation of sexual harassment
Definitions— Section 1561 of title 10, United States Code, as amended by section 543 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), is amended—
in subsection (a)—
by striking “or Space Force” and inserting “Space Force, or Coast Guard”; and
by inserting “or the Department of Homeland Security (in the case of a matter involving the Coast Guard when not operating as a service in the Navy)” after “Department of Defense”; and
by amending subsection (e) to read as follows:
“(e) Definitions—In this section:
“(1) The term independent investigator means a member of the armed forces or a civilian employee of the Department of Defense or the Department of Homeland Security (in the case of a matter involving the Coast Guard when not operating as a service in the Navy) who—
“(A) is outside the chain of command of the complainant and the subject of the investigation; and
“(B) is trained in the investigation of sexual harassment, as determined by—
“(i) the Secretary concerned, in the case of a member of the armed forces;
“(ii) the Secretary of Defense, in the case of a civilian employee of the Department of Defense; or
“(iii) the Secretary of Homeland Security, in the case of a civilian employee of the Department of Homeland Security.
“(2) The term sexual harassment means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).”
Effective date— The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by section 543 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in subsection (c) of that section.