[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 762 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 762

To amend title 10, United States Code, to provide for the investigation 
  of complaints of sexual harassment and other sexual offenses in the 
                             Armed Forces.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 1997

   Ms. Snowe introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide for the investigation 
  of complaints of sexual harassment and other sexual offenses in the 
                             Armed Forces.

    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 ``Sexual Harassment Accountability Act 
of 1997''.

SEC. 2. INVESTIGATIONS OF SEXUAL HARASSMENT AND OTHER SEXUAL OFFENSES 
              UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

    (a) Investigations.--Subchapter XI of chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), is amended 
by inserting after section 938 (article 138) the following new section 
(article):
``Sec. 938a. Art. 138a. Complaints of wrongs: certain sexual offenses
    ``(a) Sexual Harassment.--(1) The commanding officer of a unit, 
vessel, facility, or area who receives a complaint alleging sexual 
harassment by a person subject to this chapter from a member 
subordinate to the commanding officer and serving in or on the unit, 
vessel, facility, or area shall--
            ``(A) forward the complaint within 24 hours of receipt of 
        the complaint to the superior officer in the chain of command 
        of the commanding officer who has the authority to convene a 
        general court martial; and
            ``(B) to the extent practicable--
                    ``(i) complete an investigation of the complaint 
                not later than 10 days after receipt of the complaint; 
                and
                    ``(ii) submit a report on the results of the 
                investigation to the superior officer referred to in 
                subparagraph (A) within that time.
    ``(2) A commanding officer who is unable to complete an 
investigation under paragraph (1) within 10 days of the commencement of 
the investigation shall submit to the superior officer referred to in 
subparagraph (A) of that paragraph a report on the progress made in 
completing the investigation every 10 days after commencement of the 
investigation till the completion of the investigation.
    ``(3) The final report on an investigation under this subsection 
shall describe the action, if any, taken by the officer undertaking the 
investigation as a result of the investigation.
    ``(4) Not later than January 31 each year, each officer receiving a 
notice of complaint under paragraph (1)(A) and a report on the results 
of the investigation of a complaint under paragraph (1)(B) or (2) shall 
submit to the Secretary concerned a report on the complaints and the 
results of investigation received by such officer during the previous 
year.
    ``(5) Not later than March 1 each year, each Secretary receiving a 
report under paragraph (4) shall submit to the Secretary of Defense a 
report on the reports received by such Secretary under that paragraph 
during the previous year. The Secretary of Defense shall transmit to 
Congress the reports received by the Secretary of Defense under this 
paragraph not later than April 1 each year.
    ``(b) Certain Sexual Offenses.--(1) Upon receipt of a complaint of 
conduct that may constitute rape, forcible sodomy, assault with intent 
to commit rape, or assault with intent to commit sodomy upon a person 
subject to this chapter, the officer exercising general court-martial 
jurisdiction over the accused shall provide for a thorough and 
impartial investigation of the complaint.
    ``(2) The accused shall be advised of the allegations in the 
complaint and of the right to be represented at the investigation under 
paragraph (1) by a judge advocate or civilian counsel having the 
qualifications prescribed under section 827(b) of this title (article 
27(b)). An accused electing to be represented by civilian counsel shall 
bear the costs of such representation.
    ``(3) The accused shall have full opportunity at the investigation 
under paragraph (1) to cross-examine witnesses if they are available 
and to present anything on his or her behalf. The investigating officer 
shall examine available witnesses requested by the accused.
    ``(4) An investigation of a complaint under this subsection shall 
not satisfy the requirement for an investigation of the matters of the 
complaint set forth in section 832(a) of this title (article 32(a)).
    ``(5) Upon completion of an investigation under this subsection, 
the investigating officer shall submit the results of the investigation 
in writing to the officer providing for the investigation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 938 (article 138) the following new item:

``938a. 138a. Complaints of wrongs: certain sexual offenses.''.
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