Sec. 536. Addressing sex-related offenses and sexual harassment involving members of the National Guard
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Chapter 80 of title 10, United States Code, is amended by inserting after section 1561b the following new section: An adjutant general who receives notice of an allegation of a sex-related offense or sexual harassment committed by a member of the National Guard under the jurisdiction of the adjutant general shall, not later than 72 hours after receiving such notice— report the allegation to the Chief of the National Guard Bureau; and ensure that the alleged victim is informed of the availability of Special Victims’ Counsel in accordance with section 1044e of this title, as applicable.
Each report under subsection (a)(1) shall include the following: A summary of the allegation. Identification of— the individual who is alleged to have committed the offense; the alleged victim of the offense; and the individual or entity that is investigating the allegation. A statement indicating whether the alleged victim has been informed of the availability of legal counsel in accordance with subsection (a)(2). In the event that an adjutant general submits a report required under subsection
(a)after the expiration of the 72-hour period specified in such subsection, the report shall include— the information specified in paragraph (1); and an explanation of the reasons the report was not timely submitted. Not later than 30 days after determining whether or not to take action against a member of the National guard accused of a sex-related offense or sexual harassment, the adjutant general shall submit to the Chief of the National Guard Bureau a report that includes— the information described in subparagraphs
(A)and
(B)of subsection (b)(1); a description of any administrative, judicial, or other action taken against the member; and if no such action was taken, an explanation of the reasons the adjutant general declined to take such action. The requirements of this section shall apply with respect to an allegation of a sex-related offense or sexual harassment of which an adjutant general receives notice after the date of the enactment of this section without regard to— the jurisdiction in which the offense occurred; or whether prosecution for the offense would be time barred by a statute of limitations. In this section: The term sex-related offense means an alleged sex-related offense (as defined in section 1044e(h) of this title). The term sexual harassment means the offense of sexual harassment as punishable under section 934 of this title (article 134 of the Uniform Code of Military Justice) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article). . The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1561b the following new item: 1561c. Addressing sex-related offenses and sexual harassment involving members of the National Guard. . The amendments made by subsection
(a)shall take effect immediately after the effective date of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) as provided in section 539C of that Act. The Secretary of Defense shall prescribe regulations implementing section 1561c of title 10, United States Code, as added by subsection (a).
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Sec. 536
Addressing sex-related offenses and sexual harassment involving members of the National Guard
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