[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7477-S7478]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3967. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title V, insert the following:

     SEC. 530C. INVESTIGATIONS OF SEXUAL HARASSMENT.

       (a) In General.--Section 1561 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 1561. Complaints of sexual harassment: independent 
       investigation

       ``(a) Action on Complaints Alleging Sexual Harassment.--A 
     commanding officer or officer in charge of a unit, vessel, 
     facility, or area of an armed force under the jurisdiction of 
     the Secretary of a military department, who receives, from a 
     member of the command or a member under the supervision of 
     the officer, a formal complaint alleging sexual harassment by 
     a member of the armed forces shall, as soon as practicable 
     after such receipt, forward the complaint to an independent 
     investigator.
       ``(b) Commencement of Investigation.--To the extent 
     practicable, an independent investigator shall commence an 
     investigation of a formal complaint of sexual harassment not 
     later than 72 hours after--
       ``(1) receiving a formal complaint of sexual harassment 
     forwarded by a commanding officer or officer in charge under 
     subsection (a); or
       ``(2) receiving a formal complaint of sexual harassment 
     directly from a member of the armed forces; and
       ``(c) Duration of Investigation.--To the extent 
     practicable, an investigation under subsection (b) shall be 
     completed not later than 14 days after the date on which the 
     investigation commences.
       ``(d) Report on Investigation.--(1) If the investigation 
     cannot be completed within 14 days, not later than the 14th 
     day after the investigation commences, and every 14 days 
     thereafter until the investigation is complete, the 
     independent investigator shall submit to the officer 
     described in subsection (a) a report on the progress made in 
     completing the investigation.
       ``(2) To the extent practicable, and as soon as practicable 
     upon completion of the investigation, the officer described 
     in subsection (a) shall notify the complainant of the final 
     results of the investigation, including any action taken, or 
     planned to be taken, as a result of the investigation.
       ``(e) Definitions.--In this section:
       ``(1) The term `formal complaint' means a complaint that an 
     individual files in writing and attests to the accuracy of 
     the information contained in the complaint.
       ``(2) The term `independent investigator' means a member of 
     the armed forces or employee of the Department of Defense 
     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; or
       ``(ii) the Secretary of Defense, in the case of a civilian 
     employee of the Department of Defense.
       ``(3) The term `sexual harassment' has the meaning given 
     that term in section 920d(b) of this title (article 120d of 
     the Uniform Code of Military Justice).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 80 of title 10, United States Code, is 
     amended by striking the item relating to section 1561 and 
     inserting the following new item:

``1561. Complaints of sexual harassment: independent investigation.''.
       (c) Effective Date.--The amendment to section 1561 of such 
     title made by this section shall--
       (1) take effect on the day that is two years after the date 
     of the enactment of this Act; and
       (2) apply to any investigation of a formal complaint of 
     sexual harassment (as those terms are defined in such 
     section, as amended) made on or after that date.
       (d) Report on Implementation.--

[[Page S7478]]

       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, each Secretary concerned shall 
     submit to the appropriate congressional committees a report 
     on preparation of that Secretary to implement section 1561 of 
     title 10, United States Code, as amended by subsection (a).
       (2) Appropriate congressional committees defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Armed Services of the Senate; and
       (B) the Committee on Armed Services of the House of 
     Representatives.
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