117 S4113 IS: Sexual Harassment Independent Investigations and Prosecution Act U.S. Senate 2022-04-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4113IN THE SENATE OF THE UNITED STATESApril 28, 2022Ms. Hirono (for herself, Mr. Booker, Mrs. Gillibrand, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo provide for the independent investigation and prosecution of sexual harassment under the Uniform Code of Military Justice, and for other purposes.

1.

Short title

This Act may be cited as the Sexual Harassment Independent Investigations and Prosecution Act.

2.

Inclusion of sexual harassment in offenses subject to authority of special trial counsel

(a)

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—(1)by striking or; and(2)by striking of this title and inserting , or the standalone offense of sexual harassment punishable under section 934 (article 134) of this title.(b)

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.

3.

Independent investigation of sexual harassment

(a)

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—(1)in subsection (a)—(A)by striking or Space Force and inserting Space Force, or Coast Guard; and(B)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(2)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)..(b)

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.