I

104TH CONGRESS

2D SESSION H. R. 3925

To amend title 10, United States Code, to restore the regulations prohibiting

service of homosexuals in the Armed Forces.

IN THE HOUSE OF REPRESENTATIVES

JULY 31, 1996

Mr. DORNAN (for himself, Mr. HUNTER, Mr. CHAMBLISS, Mr. STEARNS, and

Mr. CRANE) introduced the following bill; which was referred to the Committee on National Security

A BILL

To amend title 10, United States Code, to restore the regulations prohibiting service of homosexuals in the Armed

Forces.

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

3 SECTION 1. RESTORATION OF REGULATIONS PROHIBITING

4 SERVICE OF HOMOSEXUALS IN THE ARMED

5 FORCES.

6 (a) TERMINATION OF EXISTING ADMINISTRATIVE

7 POLICY.—Effective on the date of the enactment of this

8 Act, the following measures of the executive branch are

9 rescinded and shall cease to be effective:
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1 (1) The memorandum of the Secretary of De2 fense to the Secretaries of the military departments

3 and the Chairman of the Joint Chiefs of Staff dated

4 July 19, 1993, that stated its subject to be: ‘‘Policy

5 on Homosexual Conduct in the Armed Forces’’.

6 (2) The four-page document entitled ‘‘Policy

7 Guidelines on Homosexual Conduct in the Armed

8 Forces’’ that was issued by the Secretary of Defense

9 as an attachment to the memorandum referred to in

10 paragraph (1).

11 (3) The revisions to Department of Defense di12 rectives 1332.30, 1332.14, and 1304.26 that were

13 directed to be made by the General Counsel of the

14 Department of Defense by memorandum dated Feb15 ruary 28, 1994, to the Director of Administration

16 and Management of the Department of Defense.

17 (b) REINSTATEMENT OF FORMER REGULATIONS.—

18 Immediately upon the enactment of this Act and effective

19 as of the date of the enactment of this Act—

20 (1) the Secretary of Defense shall reinstate the

21 regulations (including Department of Defense direc22 tives) of the Department of Defense regarding serv23 ice of homosexuals in the Armed Forces that were

24 in effect on January 19, 1993; and
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1 (2) the Secretary of each military department

2 shall reinstate the regulations of that military de3 partment regarding service of homosexuals in the

4 Armed Forces that were in effect on January 19,

5 1993.

6 (c) REVISION PROHIBITED.—The regulations (in7 cluding Department of Defense directives) reinstated pur8 suant to subsection (b), insofar as they relate to the serv9 ice of homosexuals in the Armed Forces, may not be re10 vised except as specifically provided by a law enacted after

11 the enactment of this Act.

12 (d) RULE OF CONSTRUCTION.—In the case of a con13 flict between the regulations required to be prescribed by

14 subsection (b) and the provisions of section 654 of title

15 10, United States Code, or any other provision of law, the

16 requirements of such provision of law shall be given effect.

17 (e) RESTORATION OF QUESTIONING OF NEW EN18 TRANTS INTO MILITARY SERVICE.—(1) Not later than 90

19 days after the date of the enactment of this Act, the Sec20 retary of Defense shall issue instructions for the resump21 tion of questioning of potential new entrants into the

22 Armed Forces as to homosexuality in accordance with the

23 policy and practices of the Department of Defense as of

24 January 19, 1993 (as reinstated pursuant to subsection

25 (b)).
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1 (2) Section 571(d) of the National Defense Author2 ization Act for Fiscal Year 1994 (Public Law 103–160;

3 107 Stat. 1673; 10 U.S.C. 654 note) is repealed.

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