Sec. 531. Sexual Harassment Independent Investigations and Prosecution
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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 . The amendments made by subsection
(a)shall take effect two years 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. 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: In this section: 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— 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 Department of Homeland Security. 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). . The amendments made by paragraph
(1)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.
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Sec. 531
Sexual Harassment Independent Investigations and Prosecution
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