[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2206 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2206

To provide enhanced protections for prospective members and new members 
    of the Armed Forces during entry-level processing and training.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2013

    Mr. Turner (for himself and Mr. Heck of Nevada) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To provide enhanced protections for prospective members and new members 
    of the Armed Forces during entry-level processing and training.

    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 ``No Tolerance Act''.

SEC. 2. ENHANCED PROTECTIONS FOR PROSPECTIVE MEMBERS AND NEW MEMBERS OF 
              THE ARMED FORCES DURING ENTRY-LEVEL PROCESSING AND 
              TRAINING.

    (a) Defining Inappropriate and Prohibited Relationships, 
Communication, Conduct, and Contact Between Certain Members.--
            (1) Policy required.--The Secretary of Defense and the 
        Secretary of the Department in which the Coast Guard is 
        operating shall establish and maintain a policy to uniformly 
        define and prescribe, for the persons described in paragraph 
        (2), what constitutes an inappropriate and prohibited 
        relationship, communication, conduct, or contact, including 
        when such an action is consensual, between a member of the 
        Armed Forces described in paragraph (2)(A) and a prospective 
        member or member of the Armed Forces described in paragraph 
        (2)(B).
            (2) Covered members.--The policy required by paragraph (1) 
        shall apply to--
                    (A) a member of the Armed Forces who is superior in 
                rank to, exercises authority or control over, or 
                supervises a person described in subparagraph (B) 
                during the entry-level processing or training of the 
                person; and
                    (B) a prospective member of the Armed Forces or a 
                member of the Armed Forces undergoing entry-level 
                processing or training.
            (3) Inclusion of certain members required.--The members of 
        the Armed Forces covered by paragraph (2)(A) shall include, at 
        a minimum, military personnel assigned or attached to duty--
                    (A) for the purpose of recruiting or assessing 
                persons for enlistment or appointment as a commissioned 
                officer, warrant officer, or enlisted member of the 
                Armed Forces;
                    (B) at a Military Entrance Processing Station; or
                    (C) at an entry-level training facility or school 
                of an Armed Force.
    (b) Effect of Violations.--A member of the Armed Forces who 
violates the policy established pursuant to subsection (a) shall be 
subject to prosecution under the Uniform Code of Military Justice.
    (c) Processing for Administrative Separation.--
            (1) In general.--(A) The Secretary of Defense and the 
        Secretary of the Department in which the Coast Guard is 
        operating shall require the processing for administrative 
        separation of any member of the Armed Forces described in 
        subsection (a)(2)(A) in response to the first substantiated 
        violation by the member of the policy established pursuant to 
        subsection (a), when the member is not otherwise punitively 
        discharged or dismissed from the Armed Forces for that 
        violation.
            (B) The Secretary of each military department shall revise 
        regulations applicable to the Armed Forces under the 
        jurisdiction of the Secretary as necessary to ensure compliance 
        with the requirement under subparagraph (A).
            (2) Required elements.--(A) In imposing the requirement 
        under paragraph (1), the Secretaries shall ensure that any 
        separation decision regarding a member of the Armed Forces is 
        based on the full facts of the case and that due process 
        procedures are provided under existing law or regulations or 
        additionally prescribed, as considered necessary by the 
        Secretaries, pursuant to subsection (f).
            (B) The requirement imposed by paragraph (1) shall not be 
        interpreted to limit or alter the authority of the Secretary of 
        a military department and the Secretary of the Department in 
        which the Coast Guard is operating to process members of the 
        Armed Forces for administrative separation--
                    (i) for reasons other than a substantiated 
                violation of the policy established pursuant to 
                subsection (a); or
                    (ii) under other provisions of law or regulation.
            (3) Substantiated violation.--For purposes of paragraph 
        (1), a violation by a member of the Armed Forces described in 
        subsection (a)(2)(A) of the policy established pursuant to 
        subsection (a) shall be treated as substantiated if--
                    (A) there has been a court-martial conviction for 
                violation of the policy, but the adjudged sentence does 
                not include discharge or dismissal; or
                    (B) a nonjudicial punishment authority under 
                section 815 of title 10, United States Code (article 15 
                of the Uniform Code of Military Justice) has determined 
                that a member has committed an offense in violation of 
                the policy and imposed nonjudicial punishment upon the 
                member.
    (d) Proposed Uniform Code of Military Justice Punitive Article.--
Not later than one year after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives--
            (1) a proposed amendment to chapter 47 of title 10, United 
        States Code (the Uniform Code of Military Justice) to create an 
        additional article under subchapter X of such chapter regarding 
        violations of the policy required by subsection (a); and
            (2) the conforming changes to part IV, punitive articles, 
        in the Manual for Courts-Martial that will be necessary upon 
        adoption of such article.
    (e) Definitions.--In this section:
            (1) The term ``entry-level processing or training'', with 
        respect to a member of the Armed forces, means the period 
        beginning on the date on which the member became a member of 
        the Armed Forces and ending on the date on which the member 
        physically arrives at that member's first duty assignment 
        following completion of initial entry training (or its 
        equivalent), as defined by the Secretary of the military 
        department concerned or the Secretary of the Department in 
        which the Coast Guard is operating.
            (2) The term ``prospective member of the Armed Forces'' 
        means a person who has had a face-to-face meeting with a member 
        of the Armed Forces assigned or attached to duty described in 
        subsection (a)(3)(A) regarding becoming a member of the Armed 
        Forces, regardless of whether the person eventually becomes a 
        member of the Armed Forces.
    (f) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary of 
the Department in which the Coast Guard is operating shall issue such 
regulations as may be necessary to carry out this section. The 
Secretary of Defense shall ensure that, to the extent practicable, the 
regulations are uniform for each armed force under the jurisdiction of 
that Secretary.
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