Sec. 543. INDEPENDENT INVESTIGATION OF COMPLAINTS OF SEXUAL HARASSMENT
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## SEC. 543 INDEPENDENT INVESTIGATION OF COMPLAINTS 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 the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. > > > ### “(b) Commencement of Investigation > > To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further— > > > #### “(1) > > forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and > > > #### “(2) > > advise the complainant of the commencement of the investigation. > > > ### “(c) Duration of Investigation > > To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection
(a)for action as appropriate. > > > ### “(d) Report on Investigation > > To the extent practicable, a commanding officer or officer in charge shall— > > > #### “(1) > > submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or > > > #### “(2) > > submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. > > > ### “(e) Sexual Harassment Defined > > In this section, 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)Clerical Amendment **[**[10 U.S.C. 1561](/us/usc/t10/s1561)**]** 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 **[**[10 U.S.C. 1561 note](/us/usc/t10/s1561)**]** The amendments made by subsections
(a)and
(b)shall— ####
(1)take effect on the date 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 defined in section 1561 of title 10, United States Code, as amended by subsection (a)) made on or after that date. ###
(d)Regulations **[**[10 U.S.C. 1561 note](/us/usc/t10/s1561)**]** Not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall prescribe regulations providing for the implementation of section 1561 of title 10, United States Code, as amended by subsection (a). ###
(e)Report on Implementation Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the preparation of the Secretary to implement section 1561 of title 10, United States Code, as amended by subsection (a).
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Sec. 543
INDEPENDENT INVESTIGATION OF COMPLAINTS OF SEXUAL HARASSMENT
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