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SEC. 546. POLICY CONCERNING HOMOSEXUALITY IN THE
ARMED FORCES.
(a) CODIFICATION.—(1) Chapter 37 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 654. Policy concerning homosexuality in the armed
forces
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) Section 8 of article I of the Constitution of
the United States commits exclusively to the Congress
the powers to raise and support armies, provide and
maintain a Navy, and make rules for the government
and regulation of the land and naval forces.
‘‘(2) There is no constitutional right to serve in
the armed forces.
‘‘(3) Pursuant to the powers conferred by section
8 of article I of the Constitution of the United States,
it lies within the discretion of the Congress to estab-
lish qualifications for and conditions of service in the
armed forces.
‘‘(4) The primary purpose of the armed forces is
to prepare for and to prevail in combat should the
need arise.
‘‘(5) The conduct of military operations requires
members of the armed forces to make extraordinary
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sacrifices, including the ultimate sacrifice, in order to
provide for the common defense.
‘‘(6) Success in combat requires military units
that are characterized by high morale, good order and
discipline, and unit cohesion.
‘‘(7) One of the most critical elements in combat
capability is unit cohesion, that is, the bonds of trust
among individual service members that make the
combat effectiveness of a military unit greater than
the sum of the combat effectiveness of the individual
unit members.
‘‘(8) Military life is fundamentally different
from civilian life in that—
‘‘(A) the extraordinary responsibilities of
the armed forces, the unique conditions of mili-
tary service, and the critical role of unit cohe-
sion, require that the military community, while
subject to civilian control, exist as a specialized
society; and
‘‘(B) the military society is characterized by
its own laws, rules, customs, and traditions, in-
cluding numerous restrictions on personal behav-
ior, that would not be acceptable in civilian soci-
ety.
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‘‘(9) The standards of conduct for members of the
armed forces regulate a member’s life for 24 hours
each day beginning at the moment the member enters
military status and not ending until that person is
discharged or otherwise separated from the armed
forces.
‘‘(10) Those standards of conduct, including the
Uniform Code of Military Justice, apply to a member
of the armed forces at all times that the member has
a military status, whether the member is on base or
off base, and whether the member is on duty or off
duty.
‘‘(11) The pervasive application of the standards
of conduct is necessary because members of the armed
forces must be ready at all times for worldwide de-
ployment to a combat environment.
‘‘(12) The worldwide deployment of United
States military forces, the international responsibil-
ities of the United States, and the potential for in-
volvement of the armed forces in actual combat rou-
tinely make it necessary for members of the armed
forces involuntarily to accept living conditions and
working conditions that are often spartan, primitive,
and characterized by forced intimacy with little or no
privacy.
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‘‘(13) The prohibition against homosexual con-
duct is a longstanding element of military law that
continues to be necessary in the unique circumstances
of military service.
‘‘(14) The armed forces must maintain personnel
policies that exclude persons whose presence in the
armed forces would create an unacceptable risk to the
armed forces’ high standards of morale, good order
and discipline, and unit cohesion that are the essence
of military capability.
‘‘(15) The presence in the armed forces of persons
who demonstrate a propensity or intent to engage in
homosexual acts would create an unacceptable risk to
the high standards of morale, good order and dis-
cipline, and unit cohesion that are the essence of mili-
tary capability.
‘‘(b) POLICY.—A member of the armed forces shall be
separated from the armed forces under regulations pre-
scribed by the Secretary of Defense if one or more of the
following findings is made and approved in accordance
with procedures set forth in such regulations:
‘‘(1) That the member has engaged in, attempted
to engage in, or solicited another to engage in a ho-
mosexual act or acts unless there are further findings,
made and approved in accordance with procedures set
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forth in such regulations, that the member has dem-
onstrated that—
‘‘(A) such conduct is a departure from the
member’s usual and customary behavior;
‘‘(B) such conduct, under all the cir-
cumstances, is unlikely to recur;
‘‘(C) such conduct was not accomplished by
use of force, coercion, or intimidation;
‘‘(D) under the particular circumstances of
the case, the member’s continued presence in the
armed forces is consistent with the interests of
the armed forces in proper discipline, good order,
and morale; and
‘‘(E) the member does not have a propensity
or intent to engage in homosexual acts.
‘‘(2) That the member has stated that he or she
is a homosexual or bisexual, or words to that effect,
unless there is a further finding, made and approved
in accordance with procedures set forth in the regula-
tions, that the member has demonstrated that he or
she is not a person who engages in, attempts to en-
gage in, has a propensity to engage in, or intends to
engage in homosexual acts.
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‘‘(3) That the member has married or attempted
to marry a person known to be of the same biological
sex.
‘‘(c) ENTRY STANDARDS AND DOCUMENTS.—(1) The
Secretary of Defense shall ensure that the standards for en-
listment and appointment of members of the armed forces
reflect the policies set forth in subsection (b).
‘‘(2) The documents used to effectuate the enlistment
or appointment of a person as a member of the armed forces
shall set forth the provisions of subsection (b).
‘‘(d) REQUIRED BRIEFINGS.—The briefings that mem-
bers of the armed forces receive upon entry into the armed
forces and periodically thereafter under section 937 of this
title (article 137 of the Uniform Code of Military Justice)
shall include a detailed explanation of the applicable laws
and regulations governing sexual conduct by members of the
armed forces, including the policies prescribed under sub-
section (b).
‘‘(e) RULE OF CONSTRUCTION.—Nothing in subsection
(b) shall be construed to require that a member of the armed
forces be processed for separation from the armed forces
when a determination is made in accordance with regula-
tions prescribed by the Secretary of Defense that—
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(2) in paragraph (2), by inserting ‘‘, if any,’’
after ‘‘remainder’’.
(b) BONUS FOR ENTRY INTO AFFILIATION AGREE-
MENT.—Section 308e(c)(2) of title 37, United States Code,
is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’;
(2) by designating the second sentence as sub-
paragraph (B);
(3) in subparagraph (B), as so designated, by
striking out ‘‘fifth anniversary’’ and inserting in lieu
thereof ‘‘sixth anniversary’’; and
(4) by adding at the end the following:
‘‘(C) The Secretary concerned may pay in monthly in-
stallments a bonus authorized to be paid in a lump sum
under this section. The Secretary concerned may determine
the amount of the monthly installments. The Secretary con-
cerned may pay a monthly installment authorized under
this subparagraph for a month only if the person’s service
in the Selected Reserve for that month was satisfactory (as
determined by such Secretary under regulations prescribed
by the Secretary of Defense). The entitlement of a person
to a portion of a bonus under this section that is not paid
for a month by reason of the preceding sentence shall
lapse.’’.