I 

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. 

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 ‘‘Protect Our Military 

5 Trainees Act’’. 


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•HR 430 IH

1 SEC. 2. PROHIBITION ON SEXUAL ACTS AND SEXUAL CON2 TACT BETWEEN CERTAIN MILITARY IN3 STRUCTORS AND THEIR TRAINEES. 

4 (a) PROHIBITION.—Section 920 of title 10, United 

5 States Code (article 120 of the Uniform Code of Military 

6 Justice), is amended— 

7 (1) by redesignating subsections (e) through (g) 

8 as subsections (f) through (h); respectively; and 

9 (2) by inserting after subsection (d) the fol10 lowing new subsection (e): 

11 ‘‘(e) SEXUAL ACTS AND SEXUAL CONTACT BETWEEN

12 CERTAIN MILITARY INSTRUCTORS AND TRAINEES.— 

13 ‘‘(1) ENHANCED SEXUAL ASSAULT PROHIBI14 TION.—A military instructor who commits a sexual 

15 act upon a member of the armed forces while the 

16 member is undergoing basic training (or its equiva17 lent) or within 30 days after completing such train18 ing— 

19 ‘‘(A) is guilty of sexual assault if the mili20 tary instructor exercised any supervisory au21 thority over the member during such training; 

22 and 

23 ‘‘(B) shall be punished as a court-martial 

24 may direct. 

25 ‘‘(2) ENHANCED ABUSIVE SEXUAL CONTACT

26 PROHIBITION.—A military instructor who commits 


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•HR 430 IH

1 or causes sexual contact upon or by a member of the 

2 armed forces while the member is undergoing basic 

3 training (or its equivalent) or within 30 days after 

4 completing such training— 

5 ‘‘(A) is guilty of abusive sexual contact if 

6 the military instructor exercised any supervisory 

7 authority over the member during such train8 ing; and 

9 ‘‘(B) shall be punished as a court-martial 

10 may direct. 

11 ‘‘(3) COVERED MILITARY INSTRUCTORS.—This 

12 subsection applies with respect to the following 

13 members of the armed forces otherwise subject to 

14 this chapter: 

15 ‘‘(A) Drill Sergeants in the Army. 

16 ‘‘(B) Drill Instructors in the Marine 

17 Corps. 

18 ‘‘(C) Recruit Division Commanders in the 

19 Navy. 

20 ‘‘(D) Military Training instructors in the 

21 Air Force. 

22 ‘‘(E) Company Commanders in the Coast 

23 Guard. 

24 ‘‘(F) Such other members of the armed 

25 forces as the Secretary concerned may desVerDate Mar 15 2010 01:40 Feb 07, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H430.IH H430

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•HR 430 IH

1 ignate as having supervisory authority over new 

2 recruits undergoing basic training (or its equiv3 alent). 

4 ‘‘(4) CONSENT.—Lack of consent is not an ele5 ment and need not be proven in any prosecution 

6 under this subsection. Consent is not a defense for 

7 any conduct in issue in any prosecution under this 

8 subsection.’’. 

9 (b) CROSS REFERENCES TO DEFINITIONS.—Chapter 

10 47 of title 10, United States Code (the Uniform Code of 

11 Military Justice) is amended— 

12 (1) in section 920b(h)(1) (article 120b(h)(1)), 

13 by striking ‘‘section 920(g) of this title (article 

14 120(g))’’ and inserting ‘‘section 920 of this title (ar15 ticle 120)’’; and 

16 (2) in section 920c(d)(1) (article 120c(d)(1)), 

17 by striking ‘‘section 920(g) of this title (article 

18 120(g)))’’ and inserting ‘‘section 920 of this title 

19 (article 120))’’. 

Æ 


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