H. R. 2401—125
‘‘(A) the extraordinary responsibilities of the armed
forces, the unique conditions of military service, and the
critical role of unit cohesion, 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, including numerous
restrictions on personal behavior, that would not be accept-
able in civilian society.
‘‘(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 deployment to a combat
environment.
‘‘(12) The worldwide deployment of United States military
forces, the international responsibilities of the United States,
and the potential for involvement of the armed forces in actual
combat routinely 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.
‘‘(13) The prohibition against homosexual conduct is a long-
standing 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 discipline, and unit cohesion that
are the essence of military capability.
‘‘(b) POLICY.—A member of the armed forces shall be separated
from the armed forces under regulations prescribed 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 regula-
tions:
‘‘(1) That the member has engaged in, attempted to engage
in, or solicited another to engage in a homosexual act or acts
unless there are further findings, made and approved in accord-
ance with procedures set forth in such regulations, that the
member has demonstrated that—
‘‘(A) such conduct is a departure from the member’s
usual and customary behavior;
‘‘(B) such conduct, under all the circumstances, is
unlikely to recur;
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H. R. 2401—126
‘‘(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 homo-
sexual or bisexual, or words to that effect, unless there is
a further finding, made and approved in accordance with proce-
dures set forth in the regulations, that the member has dem-
onstrated that he or she is not a person who engages in,
attempts to engage in, has a propensity to engage in, or intends
to engage in homosexual acts.
‘‘(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 enlistment 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 appoint-
ment of a person as a member of the armed forces shall set forth
the provisions of subsection (b).
‘‘(d) REQUIRED BRIEFINGS.—The briefings that members of the
armed forces receive upon entry into the armed forces and periodi-
cally thereafter under section 937 of this title (article 137 of the
Uniform Code of Military Justice) shall include a detailed expla-
nation of the applicable laws and regulations governing sexual
conduct by members of the armed forces, including the policies
prescribed under subsection (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 determina-
tion is made in accordance with regulations prescribed by the Sec-
retary of Defense that—
‘‘(1) the member engaged in conduct or made statements
for the purpose of avoiding or terminating military service;
and
‘‘(2) separation of the member would not be in the best
interest of the armed forces.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘homosexual’ means a person, regardless
of sex, who engages in, attempts to engage in, has a propensity
to engage in, or intends to engage in homosexual acts, and
includes the terms ‘gay’ and ‘lesbian’.
‘‘(2) The term ‘bisexual’ means a person who engages in,
attempts to engage in, has a propensity to engage in, or intends
to engage in homosexual and heterosexual acts.
‘‘(3) The term ‘homosexual act’ means—
‘‘(A) any bodily contact, actively undertaken or pas-
sively permitted, between members of the same sex for
the purpose of satisfying sexual desires; and
‘‘(B) any bodily contact which a reasonable person
would understand to demonstrate a propensity or intent
to engage in an act described in subparagraph (A).’’.
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H. R. 2401—127
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
‘‘654. Policy concerning homosexuality in the armed forces.’’.
(b) REGULATIONS.—Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall revise Depart-
ment of Defense regulations, and issue such new regulations as
may be necessary, to implement section 654 of title 10, United
States Code, as added by subsection (a).
(c) SAVINGS PROVISION.—Nothing in this section or section 654
of title 10, United States Code, as added by subsection (a), may
be construed to invalidate any inquiry, investigation, administrative
action or proceeding, court-martial, or judicial proceeding conducted
before the effective date of regulations issued by the Secretary
of Defense to implement such section 654.
(d) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the suspension of questioning concerning homosexuality
as part of the processing of individuals for accession into the
Armed Forces under the interim policy of January 29, 1993,
should be continued, but the Secretary of Defense may reinstate
that questioning with such questions or such revised questions
as he considers appropriate if the Secretary determines that
it is necessary to do so in order to effectuate the policy set
forth in section 654 of title 10, United States Code, as added
by subsection (a); and
(2) the Secretary of Defense should consider issuing guid-
ance governing the circumstances under which members of
the Armed Forces questioned about homosexuality for adminis-
trative purposes should be afforded warnings similar to the
warnings under section 831(b) of title 10, United States Code
(article 31(b) of the Uniform Code of Military Justice).
SEC. 572. CHANGE IN TIMING OF REQUIRED DRUG AND ALCOHOL
TESTING AND EVALUATION OF APPLICANTS FOR APPOINT-
MENT AS CADET OR MIDSHIPMAN AND FOR ROTC GRAD-
UATES.
Section 978(a)(3) of title 10, United States Code, is amended—
(1) in the first sentence, by striking out ‘‘during the physical
examination given the applicant before such appointment’’ and
inserting in lieu thereof ‘‘within 72 hours of such appointment’’;
and
(2) in the second sentence, by striking out ‘‘during the
precommissioning physical examination given such person’’ and
inserting in lieu thereof ‘‘before such an appointment is
executed’’.
SEC. 573. REIMBURSEMENT REQUIREMENTS FOR ADVANCED EDU-
CATION ASSISTANCE.
(a) IN GENERAL.—Section 2005 of title 10, United States Code,
is amended by adding at the end the following new subsections:
‘‘(g)(1) In any case in which the Secretary concerned determines
that a person who entered into an agreement under this section
failed to complete the period of active duty specified in the agree-
ment (or failed to fulfill any other term or condition prescribed
in the agreement) and, by reason of the provision of the agreement
required under subsection (a)(3), may owe a debt to the United
States and in which that person disputes that such a debt is
owed, the Secretary shall designate a member of the armed forces
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H. R. 2401—128
or a civilian employee under the jurisdiction of the Secretary to
investigate the facts of the case and hear evidence presented by
the person who may owe the debt and other parties, as appropriate,
in order to determine the validity of the debt. That official shall
report the official’s findings and recommendations to the Secretary
concerned. If the justification for the debt investigated includes
an allegation of misconduct, the investigating official shall state
in the report the official’s assessment as to whether the individual
behavior that resulted in the separation of the person who may
owe the debt qualifies as misconduct under subsection (a)(3).
‘‘(2) The Secretary of each military department shall ensure
that a member of the armed forces who may be subject to a
reimbursement requirement under this section is advised of such
requirement before (1) submitting a request for voluntary separa-
tion, or (2) making a decision on a course of action regarding
personal involvement in administrative, nonjudicial, and judicial
action resulting from alleged misconduct.
‘‘(h) The Secretary concerned may, at any time before October
1, 1998, modify an agreement described in subsection (a) to reduce
the active duty service obligation specified in the agreement if
the Secretary determines that it is in the best interests of the
United States to do so. In such a case, the Secretary shall reduce
the amount required to be reimbursed to the United States propor-
tionately with the reduction in the period of obligated active duty
service.’’.
(b) EFFECTIVE DATES.—(1) Subsection (g) of section 2005 of
title 10, United States Code, as added by subsection (a), shall
apply with respect to persons separated from the Armed Forces
after the end of the six-month period beginning on the date of
the enactment of this Act.
(2) Subsection (h) of such section, as added by subsection (a),
shall apply with respect to persons separated from the Armed
Forces after the date of the enactment of this Act.
SEC. 574. RECOGNITION BY STATES OF MILITARY POWERS OF ATTOR-
NEY.
(a) IN GENERAL.—Chapter 53 of title 10, United States Code,
is amended by inserting after section 1044a the following new
section:
‘‘§ 1044b. Military powers of attorney: requirement for rec-
ognition by States
‘‘(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT WITHOUT
REGARD TO STATE LAW.—A military power of attorney—
‘‘(1) is exempt from any requirement of form, substance,
formality, or recording that is provided for powers of attorney
under the laws of a State; and
‘‘(2) shall be given the same legal effect as a power of
attorney prepared and executed in accordance with the laws
of the State concerned.
‘‘(b) MILITARY POWER OF ATTORNEY.—For purposes of this sec-
tion, a military power of attorney is any general or special power
of attorney that is notarized in accordance with section 1044a
of this title or other applicable State or Federal law.
‘‘(c) STATEMENT TO BE INCLUDED.—(1) Under regulations pre-
scribed by the Secretary concerned, each military power of attorney
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