[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1915 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1915

   To amend title 10, United States Code, to provide that consensual 
sexual activity between adults shall not be a violation of the Uniform 
                       Code of Military Justice.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 1997

  Mr. Frank of Massachusetts introduced the following bill; which was 
             referred to the Committee on National Security

_______________________________________________________________________

                                 A BILL


 
   To amend title 10, United States Code, to provide that consensual 
sexual activity between adults shall not be a violation of the Uniform 
                       Code of Military Justice.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Hypocrisy Act of 1997''.

SEC. 2. REMOVAL OF CONSENSUAL SEXUAL ACTIVITY BETWEEN ADULTS AS BASIS 
              FOR PROSECUTION UNDER THE UNIFORM CODE OF MILITARY 
              JUSTICE.

    (a) Sodomy.--Section 925 of title 10, United States Code (article 
125 of the Uniform Code of Military Justice), is amended--
            (1) by inserting ``nonconsensual'' after ``engages in''; 
        and
            (2) by inserting ``carnal copulation'' before ``with an''.
    (b) Conduct Unbecoming an Officer and a Gentleman.--Section 933 of 
such title (article 133 of such Code) is amended by adding at the end 
the following new sentence: ``Consensual acts of a sexual nature 
between adults that do not involve compensation, and cohabitation by 
adults, shall not be the basis for a prosecution under this section.''.
    (c) General Article.--Section 934 of such title (article 134 of 
such Code) is amended by adding at the end the following new sentence: 
``Consensual acts of a sexual nature between adults that do not involve 
compensation, and cohabitation by adults, shall not be the basis for a 
prosecution under this section.''.
    (d) Construction of Amendments.--Nothing in the amendments made by 
this section shall be--
            (1) construed to prevent prosecution under the Uniform Code 
        of Military Justice for acts of fraternization; or
            (2) considered to prevent noncriminal disciplinary action 
        or administrative proceedings against a person subject to the 
        Uniform Code of Military Justice for misconduct (sexual or 
        otherwise) that--
                    (A) constitutes a disorder and neglect to the 
                prejudice of good order and discipline in the Armed 
                Forces;
                    (B) is of a nature to bring discredit upon the 
                Armed Forces; or
                    (C) in the case of a commissioned officer, cadet, 
                or midshipman, constitutes conduct unbecoming an 
                officer and a gentleman.
                                 <all>