No Tolerance Act - Directs the Secretary of Defense (DOD) and the Secretary of the department in which the Coast Guard is operating to establish and maintain a policy to uniformly define and prescribe what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between: (1) a member of the Armed Forces (member) who is superior in rank to, exercises control over, or supervises a person during entry-level process or training; and (2) a prospective member or member undergoing such processing and training. Makes violators subject to prosecution under the Uniform Code of Military Justice (UCMJ).
Directs such Secretaries to require the processing for administrative separation of any member in response to the first substantiated violation of such policy, if the member is not otherwise punitively discharged or dismissed for such violation.
Requires the DOD Secretary to submit to the congressional defense committees a proposed UCMJ punitive article regarding such violations.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line