HR 3300 IH

                104th CONGRESS

                  2d Session

H. R. 3300

To amend title 10, United States Code, to prohibit the Department
of Defense from selling, renting, or otherwise providing sexually
explicit material to any individual.

        IN THE HOUSE OF REPRESENTATIVES

                April 23, 1996

Mr. SMITH of New Jersey (for himself, Mr. BARTLETT of Maryland,
and Mr. DORNAN of California) introduced the following bill; which
was referred to the Committee on National Security

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                     A BILL

To amend title 10, United States Code, to prohibit the Department
of Defense from selling, renting, or otherwise providing sexually
explicit material to any individual.

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 `Military Honor and Decency Act of
1996'.

SEC. 2. PROHIBITION OF SALE OR RENTAL OF SEXUALLY EXPLICIT
MATERIAL.

  (a) IN GENERAL- (1) Chapter 147 of title 10, United States Code,
  is amended by adding at the end the following:

  `Sec. 2490b. Sale or rental of sexually explicit material
  prohibited.

    `(a) PROHIBITION OF SALE OR RENTAL- The Secretary of Defense
    may not permit the sale or rental of sexually explicit
    material on property under the jurisdiction of the Department
    of Defense.

    `(b) PROHIBITION OF OFFICIALLY PROVIDED SEXUALLY EXPLICIT
    MATERIAL-
    
	A member of the Armed Forces or a civilian employee of the
	Department of Defense acting in an official capacity may not
	provide sexually explicit material to another person.

    `(c) REGULATIONS- The Secretary of Defense shall prescribe
    regulations to implement this section.

    `(d) DEFINITIONS- In this section:

        `(1) The term `sexually explicit material' means an audio
        recording, a film or video recording, or a periodical,
        produced in any medium, the dominant theme of which
        depicts or describes nudity, including sexual or excretory
        activities or organs, in a lascivious way.

        `(2) The term `property under the jurisdiction of the
        Department of Defense' includes commissaries, all
        facilities operated by the Army and Air Force Exchange
        Service, the Navy Exchange Service Command, the Navy
        Resale and Services Support Office, Marine Corps exchanges,
        and ship stores.

  (2) The table of sections at the beginning of chapter 147 of
  title 10, United States Code, is amended by adding at the end the
  following new item:

  `2490b. Sale or rental of sexually explicit material prohibited.

    (b) EFFECTIVE DATE- Subsection (a) of section 2490b of title
    10, United States Code, as added by subsection (a) of this Act,
    shall take effect 90 days after the date of the enactment of
    this Act.

END

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