Sec. 536. Inclusion of sexual harassment as general punitive article
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Not later than 30 days after the date of the enactment of this Act, the President shall amend Part IV of the Manual for Courts-Martial to include sexual harassment as a standalone offense punishable under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice). The amendment to Part IV of the Manual for Courts-Martial required under subsection
(a)shall include the following in the proper place and form: The required elements constituting the offense of sexual harassment are as follows: That the accused knowingly made sexual advances, demands, or requests for sexual favors, or engaged in other conduct of a sexual nature. That such conduct was unwelcome. That under the circumstances, such conduct— would cause a reasonable person to, believe, and a certain person does believe that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person’s job, pay, career, benefits, or entitlements; would cause a reasonable person to believe, and a certain person does believe that submission to, or rejection of, such conduct would be used as a basis for career or employment decisions affecting that person; or was so severe, repetitive, or pervasive, that a reasonable person would perceive, and a certain person does perceive, an intimidating, hostile, or offensive duty or working environment. That under the circumstances, the conduct of the accused was either— to the prejudice of good order and discipline in the Armed Forces; of a nature to bring discredit upon the Armed Forces; or to the prejudice of good order and discipline in the Armed Forces and of a nature to bring discredit on the Armed Forces. Whether other conduct is of a sexual nature shall be dependent upon the circumstances of the act or acts alleged and may include conduct that, without context, would not appear to be sexual in nature. For purposes of paragraph (1)(C), a certain person extends to any person, regardless of gender or seniority, or whether subject to the Uniform Code of Military Justice, who by some duty or military-related reason may work or associate with the accused. The act constituting sexual harassment can occur at any location, regardless of whether the victim or accused is on or off duty at the time of the alleged act or acts. Physical proximity is not required, and the acts may be committed through online or other electronic means. The accused must have actual knowledge that the accused is making sexual advances, demands or requests for sexual favors, or engaging in other conduct of a sexual nature. Actual knowledge is not required for the other elements of the offense.