I 

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 entrylevel processing and training. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Tolerance Act’’. 


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1 SEC. 2. ENHANCED PROTECTIONS FOR PROSPECTIVE MEM2 BERS AND NEW MEMBERS OF THE ARMED 

3 FORCES DURING ENTRY-LEVEL PROCESSING 

4 AND TRAINING. 

5 (a) DEFINING INAPPROPRIATE AND PROHIBITED RE6 LATIONSHIPS, COMMUNICATION, CONDUCT, AND CONTACT

7 BETWEEN CERTAIN MEMBERS.— 

8 (1) POLICY REQUIRED.—The Secretary of De9 fense and the Secretary of the Department in which 

10 the Coast Guard is operating shall establish and 

11 maintain a policy to uniformly define and prescribe, 

12 for the persons described in paragraph (2), what 

13 constitutes an inappropriate and prohibited relation14 ship, communication, conduct, or contact, including 

15 when such an action is consensual, between a mem16 ber of the Armed Forces described in paragraph 

17 (2)(A) and a prospective member or member of the 

18 Armed Forces described in paragraph (2)(B). 

19 (2) COVERED MEMBERS.—The policy required 

20 by paragraph (1) shall apply to— 

21 (A) a member of the Armed Forces who is 

22 superior in rank to, exercises authority or con23 trol over, or supervises a person described in 

24 subparagraph (B) during the entry-level proc25 essing or training of the person; and 


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1 (B) a prospective member of the Armed 

2 Forces or a member of the Armed Forces un3 dergoing entry-level processing or training. 

4 (3) INCLUSION OF CERTAIN MEMBERS RE5 QUIRED.—The members of the Armed Forces cov6 ered by paragraph (2)(A) shall include, at a min7 imum, military personnel assigned or attached to 

8 duty— 

9 (A) for the purpose of recruiting or assess10 ing persons for enlistment or appointment as a 

11 commissioned officer, warrant officer, or en12 listed member of the Armed Forces; 

13 (B) at a Military Entrance Processing Sta14 tion; or 

15 (C) at an entry-level training facility or 

16 school of an Armed Force. 

17 (b) EFFECT OF VIOLATIONS.—A member of the 

18 Armed Forces who violates the policy established pursuant 

19 to subsection (a) shall be subject to prosecution under the 

20 Uniform Code of Military Justice. 

21 (c) PROCESSING FOR ADMINISTRATIVE SEPARA22 TION.— 

23 (1) IN GENERAL.—(A) The Secretary of De24 fense and the Secretary of the Department in which 

25 the Coast Guard is operating shall require the procVerDate Mar 15 2010 17:17 May 31, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.IH H2206

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1 essing for administrative separation of any member 

2 of the Armed Forces described in subsection 

3 (a)(2)(A) in response to the first substantiated viola4 tion by the member of the policy established pursu5 ant to subsection (a), when the member is not other6 wise punitively discharged or dismissed from the 

7 Armed Forces for that violation. 

8 (B) The Secretary of each military department 

9 shall revise regulations applicable to the Armed 

10 Forces under the jurisdiction of the Secretary as 

11 necessary to ensure compliance with the requirement 

12 under subparagraph (A). 

13 (2) REQUIRED ELEMENTS.—(A) In imposing 

14 the requirement under paragraph (1), the Secre15 taries shall ensure that any separation decision re16 garding a member of the Armed Forces is based on 

17 the full facts of the case and that due process proce18 dures are provided under existing law or regulations 

19 or additionally prescribed, as considered necessary 

20 by the Secretaries, pursuant to subsection (f). 

21 (B) The requirement imposed by paragraph (1) 

22 shall not be interpreted to limit or alter the author23 ity of the Secretary of a military department and the 

24 Secretary of the Department in which the Coast 


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1 Guard is operating to process members of the 

2 Armed Forces for administrative separation— 

3 (i) for reasons other than a substantiated 

4 violation of the policy established pursuant to 

5 subsection (a); or 

6 (ii) under other provisions of law or regula7 tion. 

8 (3) SUBSTANTIATED VIOLATION.—For purposes 

9 of paragraph (1), a violation by a member of the 

10 Armed Forces described in subsection (a)(2)(A) of 

11 the policy established pursuant to subsection (a) 

12 shall be treated as substantiated if— 

13 (A) there has been a court-martial convic14 tion for violation of the policy, but the adjudged 

15 sentence does not include discharge or dis16 missal; or 

17 (B) a nonjudicial punishment authority 

18 under section 815 of title 10, United States 

19 Code (article 15 of the Uniform Code of Mili20 tary Justice) has determined that a member 

21 has committed an offense in violation of the 

22 policy and imposed nonjudicial punishment 

23 upon the member. 

24 (d) PROPOSED UNIFORM CODE OF MILITARY JUS25 TICE PUNITIVE ARTICLE.—Not later than one year after 


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1 the date of the enactment of this Act, the Secretary of 

2 Defense shall submit to the Committees on Armed Serv3 ices of the Senate and the House of Representatives— 

4 (1) a proposed amendment to chapter 47 of 

5 title 10, United States Code (the Uniform Code of 

6 Military Justice) to create an additional article 

7 under subchapter X of such chapter regarding viola8 tions of the policy required by subsection (a); and 

9 (2) the conforming changes to part IV, punitive 

10 articles, in the Manual for Courts-Martial that will 

11 be necessary upon adoption of such article. 

12 (e) DEFINITIONS.—In this section: 

13 (1) The term ‘‘entry-level processing or train14 ing’’, with respect to a member of the Armed forces, 

15 means the period beginning on the date on which the 

16 member became a member of the Armed Forces and 

17 ending on the date on which the member physically 

18 arrives at that member’s first duty assignment fol19 lowing completion of initial entry training (or its 

20 equivalent), as defined by the Secretary of the mili21 tary department concerned or the Secretary of the 

22 Department in which the Coast Guard is operating. 

23 (2) The term ‘‘prospective member of the 

24 Armed Forces’’ means a person who has had a face25 to-face meeting with a member of the Armed Forces 


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1 assigned or attached to duty described in subsection 

2 (a)(3)(A) regarding becoming a member of the 

3 Armed Forces, regardless of whether the person 

4 eventually becomes a member of the Armed Forces. 

5 (f) REGULATIONS.—Not later than 180 days after 

6 the date of the enactment of this Act, the Secretary of 

7 Defense and the Secretary of the Department in which 

8 the Coast Guard is operating shall issue such regulations 

9 as may be necessary to carry out this section. The Sec10 retary of Defense shall ensure that, to the extent prac11 ticable, the regulations are uniform for each armed force 

12 under the jurisdiction of that Secretary. 

Æ 


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