Sec. 541. Independent investigation of complaints of sexual harassment
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Section 1561 of title 10, United States Code, is amended to read as follows: A commanding officer or officer in charge of a unit, vessel, facility, or area of an armed force, 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. To the extent practicable, an independent investigator shall commence an investigation of a formal complaint of sexual harassment not later than 72 hours after— receiving a formal complaint of sexual harassment forwarded by a commanding officer or officer in charge under subsection (a); or receiving a formal complaint of sexual harassment directly from a member of the armed forces.
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. 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. 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. In this section: The term formal complaint means a complaint— that an individual files in writing; and in which the individual attests to the accuracy of the information contained in the complaint. The term independent investigator means a member of the armed forces or a civilian employee of the Department of Defense or the Coast Guard who— is outside the chain of command of the complainant and the subject of the investigation; and is trained in the investigation of sexual harassment, as determined by— the Secretary concerned, in the case of a member of the armed forces; the Secretary of Defense, in the case of a civilian employee of the Department of Defense; or the Secretary of Homeland Security, in the case of a civilian employee of the Coast Guard. In this section, the term sexual harassment means any of the following: Conduct that— involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when— submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career; submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment; and is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive. Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the armed forces or a civilian employee of the Department of Defense or the Coast Guard. Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any member of the armed forces or civilian employee of the Department of Defense or the Coast Guard. . 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. . The amendments made by subsections
(a)and
(b)shall— take effect on the date that is two years after the date of the enactment of this Act; and apply to any investigation of a formal complaint of sexual harassment (as those terms are defined in section 1561 of title 10, United States Code, as amended by subsection (a)) made on or after that date. 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). In this section, the term appropriate congressional committees means— the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.