Sec. 546. INDEPENDENT INVESTIGATION OF SEXUAL HARASSMENT

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## SEC. 546 INDEPENDENT INVESTIGATION OF SEXUAL HARASSMENT ###

(a)Definitions Subsection

(e)of 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; 135 Stat. 1709), is amended to read as follows: > > ### “(e) Definitions > > In this section: > > > #### “(1) > > The term ‘independent investigator’ means a civilian employee of the Department of Defense or a member of the Army, Navy, Marine Corps, Air Force, or Space Force who— > > > ##### “(A) > > is outside the immediate 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 of Defense, in the case of a civilian employee of the Department of Defense; > > > ###### “(ii) > > the Secretary of the Army, in the case of a member of the Army; > > > ###### “(iii) > > the Secretary of the Navy, in the case of a member of the Navy or Marine Corps; or > > > ###### “(iv) > > the Secretary of the Air Force, in the case of a member of the Air Force or Space Force. > > > #### “(2) > > 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)Effective Date **[**[10 U.S.C. 1561 note](/us/usc/t10/s1561)**]** The amendment made by subsection

(a)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; 135 Stat. 1709) as provided in subsection

(c)of that section.

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