[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 430 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 430

To amend the Uniform Code of Military Justice to protect new members of 
  the Armed Forces who are undergoing basic training from the sexual 
   advances of the members of the Armed Forces responsible for their 
                              instruction.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2013

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

_______________________________________________________________________

                                 A BILL


 
To amend the Uniform Code of Military Justice to protect new members of 
  the Armed Forces who are undergoing basic training from the sexual 
   advances of the members of the Armed Forces responsible for their 
                              instruction.

    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 ``Protect Our Military Trainees Act''.

SEC. 2. PROHIBITION ON SEXUAL ACTS AND SEXUAL CONTACT BETWEEN CERTAIN 
              MILITARY INSTRUCTORS AND THEIR TRAINEES.

    (a) Prohibition.--Section 920 of title 10, United States Code 
(article 120 of the Uniform Code of Military Justice), is amended--
            (1) by redesignating subsections (e) through (g) as 
        subsections (f) through (h); respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e) Sexual Acts and Sexual Contact Between Certain Military 
Instructors and Trainees.--
            ``(1) Enhanced sexual assault prohibition.--A military 
        instructor who commits a sexual act upon a member of the armed 
        forces while the member is undergoing basic training (or its 
        equivalent) or within 30 days after completing such training--
                    ``(A) is guilty of sexual assault if the military 
                instructor exercised any supervisory authority over the 
                member during such training; and
                    ``(B) shall be punished as a court-martial may 
                direct.
            ``(2) Enhanced abusive sexual contact prohibition.--A 
        military instructor who commits or causes sexual contact upon 
        or by a member of the armed forces while the member is 
        undergoing basic training (or its equivalent) or within 30 days 
        after completing such training--
                    ``(A) is guilty of abusive sexual contact if the 
                military instructor exercised any supervisory authority 
                over the member during such training; and
                    ``(B) shall be punished as a court-martial may 
                direct.
            ``(3) Covered military instructors.--This subsection 
        applies with respect to the following members of the armed 
        forces otherwise subject to this chapter:
                    ``(A) Drill Sergeants in the Army.
                    ``(B) Drill Instructors in the Marine Corps.
                    ``(C) Recruit Division Commanders in the Navy.
                    ``(D) Military Training instructors in the Air 
                Force.
                    ``(E) Company Commanders in the Coast Guard.
                    ``(F) Such other members of the armed forces as the 
                Secretary concerned may designate as having supervisory 
                authority over new recruits undergoing basic training 
                (or its equivalent).
            ``(4) Consent.--Lack of consent is not an element and need 
        not be proven in any prosecution under this subsection. Consent 
        is not a defense for any conduct in issue in any prosecution 
        under this subsection.''.
    (b) Cross References to Definitions.--Chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice) is amended--
            (1) in section 920b(h)(1) (article 120b(h)(1)), by striking 
        ``section 920(g) of this title (article 120(g))'' and inserting 
        ``section 920 of this title (article 120)''; and
            (2) in section 920c(d)(1) (article 120c(d)(1)), by striking 
        ``section 920(g) of this title (article 120(g)))'' and 
        inserting ``section 920 of this title (article 120))''.
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