II 

117TH CONGRESS 

2D SESSION S. 4113 

To provide for the independent investigation and prosecution of sexual harassment under the Uniform Code of Military Justice, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2022 

Ms. HIRONO (for herself, Mr. BOOKER, Mrs. GILLIBRAND, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To provide for the independent investigation and prosecution 

of sexual harassment under the Uniform Code of Military 

Justice, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sexual Harassment 

5 Independent Investigations and Prosecution Act’’. 


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1 SEC. 2. INCLUSION OF SEXUAL HARASSMENT IN OFFENSES 

2 SUBJECT TO AUTHORITY OF SPECIAL TRIAL 

3 COUNSEL. 

4 (a) DEFINITION OF COVERED OFFENSE.—Section 

5 801(17)(A) of title 10, United States Code (article 

6 1(17)(A) of the Uniform Code of Military Justice), as 

7 added by section 533 of the National Defense Authoriza8 tion Act for Fiscal Year 2022 (Public Law 117–81), is 

9 amended— 

10 (1) by striking ‘‘or’’; and 

11 (2) by striking ‘‘of this title’’ and inserting ‘‘, 

12 or the standalone offense of sexual harassment pun13 ishable under section 934 (article 134) of this title’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 subsection (a) shall take effect immediately after the com16 ing into effect of the amendments made by section 533 

17 of the National Defense Authorization Act for Fiscal Year 

18 2022 (Public Law 117–81) as provided in section 539C 

19 of that Act. 

20 SEC. 3. INDEPENDENT INVESTIGATION OF SEXUAL HAR21 ASSMENT. 

22 (a) DEFINITIONS.—Section 1561 of title 10, United 

23 States Code, as amended by section 543 of the National 

24 Defense Authorization Act for Fiscal Year 2022 (Public 

25 Law 117–81), is amended— 

26 (1) in subsection (a)— 


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1 (A) by striking ‘‘or Space Force’’ and in2 serting ‘‘Space Force, or Coast Guard’’; and 

3 (B) by inserting ‘‘or the Department of 

4 Homeland Security (in the case of a matter in5 volving the Coast Guard when not operating as 

6 a service in the Navy)’’ after ‘‘Department of 

7 Defense’’; and 

8 (2) by amending subsection (e) to read as fol9 lows: 

10 ‘‘(e) DEFINITIONS.—In this section: 

11 ‘‘(1) The term ‘independent investigator’ means 

12 a member of the armed forces or a civilian employee 

13 of the Department of Defense or the Department of 

14 Homeland Security (in the case of a matter involv15 ing the Coast Guard when not operating as a service 

16 in the Navy) who— 

17 ‘‘(A) is outside the chain of command of 

18 the complainant and the subject of the inves19 tigation; and 

20 ‘‘(B) is trained in the investigation of sex21 ual harassment, as determined by— 

22 ‘‘(i) the Secretary concerned, in the 

23 case of a member of the armed forces; 


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1 ‘‘(ii) the Secretary of Defense, in the 

2 case of a civilian employee of the Depart3 ment of Defense; or 

4 ‘‘(iii) the Secretary of Homeland Se5 curity, in the case of a civilian employee of 

6 the Department of Homeland Security. 

7 ‘‘(2) The term ‘sexual harassment’ means con8 duct that constitutes the offense of sexual harass9 ment as punishable under section 934 of this title 

10 (article 134) pursuant to the regulations prescribed 

11 by the Secretary of Defense for purposes of such 

12 section (article).’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 subsection (a) shall take effect immediately after the com15 ing into effect of the amendments made by section 543 

16 of the National Defense Authorization Act for Fiscal Year 

17 2022 (Public Law 117–81) as provided in subsection (c) 

18 of that section. 

Æ 


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