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 Com-
mittee on National Security
A BILL
To amend title 10, United States Code, to restore the regula-
tions prohibiting service of homosexuals in the Armed
Forces.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RESTORATION OF REGULATIONS PROHIBITING
SERVICE OF HOMOSEXUALS IN THE ARMED
FORCES.
(a) TERMINATION
OF EXISTING ADMINISTRATIVE
POLICY.—Effective on the date of the enactment of this
Act, the following measures of the executive branch are
rescinded and shall cease to be effective:
(1) The memorandum of the Secretary of De-
fense to the Secretaries of the military departments
and the Chairman of the Joint Chiefs of Staff dated
July 19, 1993, that stated its subject to be: ‘‘Policy
on Homosexual Conduct in the Armed Forces’’.
(2) The four-page document entitled ‘‘Policy
Guidelines on Homosexual Conduct in the Armed
Forces’’ that was issued by the Secretary of Defense
as an attachment to the memorandum referred to in
paragraph (1).
(3) The revisions to Department of Defense di-
rectives 1332.30, 1332.14, and 1304.26 that were
directed to be made by the General Counsel of the
Department of Defense by memorandum dated Feb-
ruary 28, 1994, to the Director of Administration
and Management of the Department of Defense.
(b) REINSTATEMENT OF FORMER REGULATIONS.—
Immediately upon the enactment of this Act and effective
as of the date of the enactment of this Act—
(1) the Secretary of Defense shall reinstate the
regulations (including Department of Defense direc-
tives) of the Department of Defense regarding serv-
ice of homosexuals in the Armed Forces that were
in effect on January 19, 1993; and
(2) the Secretary of each military department
shall reinstate the regulations of that military de-
partment regarding service of homosexuals in the
Armed Forces that were in effect on January 19,
1993.
(c) REVISION PROHIBITED.—The regulations (in-
cluding Department of Defense directives) reinstated pur-
suant to subsection (b), insofar as they relate to the serv-
ice of homosexuals in the Armed Forces, may not be re-
vised except as specifically provided by a law enacted after
the enactment of this Act.
(d) RULE OF CONSTRUCTION.—In the case of a con-
flict between the regulations required to be prescribed by
subsection (b) and the provisions of section 654 of title
10, United States Code, or any other provision of law, the
requirements of such provision of law shall be given effect.
(e) RESTORATION OF QUESTIONING OF NEW EN-
TRANTS INTO MILITARY SERVICE.—(1) Not later than 90
days after the date of the enactment of this Act, the Sec-
retary of Defense shall issue instructions for the resump-
tion of questioning of potential new entrants into the
Armed Forces as to homosexuality in accordance with the
policy and practices of the Department of Defense as of
January 19, 1993 (as reinstated pursuant to subsection
(b)).
(2) Section 571(d) of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–160;
107 Stat. 1673; 10 U.S.C. 654 note) is repealed.
Æ