Page:United States Statutes at Large Volume 107 Part 2.djvu/722

 107 STAT. 1672 PUBLIC LAW 103-160—NOV. 30, 1993 "(C) such conduct was not accomplished by use of force, coercion, or intimidation; "(D) under the particular circumstances of the case, the membei^s continued presence in the armed forces is consistent with the interests of the armed forces in proper discipline, good order, and morale; and "(E) the member does not have a propensity or intent to engage in homosexual acts. "(2) TTiat the member has stated that he or she is a homosexual or bisexual, or words to that efTect, unless there is a further finding, made and approved in accordance with procedures set forth in the regulations, that the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. "(3) That the member has married or attempted to marry a person known to be of the same biological sex. "(c) ENTRY STANDARDS AND DOCUMENTS. —(1) The Secretary of Defense shall ensure that the standards for enlistment and appointment of members of the armed forces reflect the policies set forth in subsection (b). "(2) The documents used to effectuate the enlistment or appointment of a person as a member of the armed forces shall set forth the provisions of subsection (b). "(d) REQUIRED BRIEFINGS. —The briefings that members of the armed forces receive upon entry into the armed forces and periodically thereafter under section 937 of this title (article 137 of the UnUbrm Code of Military Justice) shall include a detailed explanation of the applicable laws and regulations governing sexual conduct by members of the armed forces, including the policies prescribed under subsection (b). "(e) RULE OF CONSTRUCTION.— Nothing in subsection (b) shall be construed to require that a member of the armed forces be processed for separation from the armed forces when a determination is made in accordance with regulations prescribed by the Secretary of Defense that— "(1) the member engaged in conduct or made statements for the purpose of avoiding or terminating military service; and "(2) separation of the member would not be in the best interest of the armed forces. "(0 DEFINITIONS. —In this section: "(1) The term 'homosexual' means a person, regardless of sex, who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts, and includes the terms 'ga/ and 'lesbian'. "(2) The term T)isexuar means a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual and heterosexual acts. "(3) The term 'homosexual act* means— "(A) any bodily contact, actively undertaken or passively permitted, between members of the same sex for the purpose of satisfying sexual desires; and "(B) any bodily contact which a reasonable person would understand to demonstrate a propensity or intent to engage in an act described in subparagraph (A).".

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