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SEC. 562. CLARIFICATION OF PUNITIVE UCMJ ARTICLE RE-
GARDING DRUNKEN DRIVING.
(a) CLARIFICATION.—Paragraph (2) of section 911
of title 10, United States Code (article 111 of the Uniform
Code of Military Justice), is amended by inserting ‘‘or
more’’ after ‘‘0.10 grams’’ both places such term appears.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect as if included in the
amendment to section 911 of title 10, United States Code,
made by section 1066(a)(1) of Public Law 102–484 on
October 23, 1992.
Subtitle G—Other Matters
SEC. 571. CHANGE IN TIMING OF REQUIRED DRUG AND AL-
COHOL TESTING AND EVALUATION OF APPLI-
CANTS FOR APPOINTMENT AS CADET OR
MIDSHIPMAN AND FOR ROTC GRADUATES.
Section 978(a)(3) of title 10, United States Code, is
amended—
(1) in the first sentence, by striking out ‘‘dur-
ing the physical examination given the applicant be-
fore 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 ‘‘be-
fore such an appointment is executed’’.
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SEC. 
572. 
REIMBURSEMENT 
REQUIREMENTS 
FOR 
AD-
VANCED EDUCATION ASSISTANCE.
(a) IN GENERAL.—Section 2005 of title 10, United
States Code, is amended by adding at the end the follow-
ing 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 agreement (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 an official (who may
be a member of the armed forces or a civilian employee
under the jurisdiction of the Secretary) to investigate the
facts of the case and hear evidence presented by the per-
son who may owe the debt and other parties, as appro-
priate, in order to determine the validity of the debt. That
official shall report the official’s findings and rec-
ommendations to the Secretary concerned. The report
shall include 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), if the justification for the debt
to the Government includes an allegation of misconduct.
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‘‘(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 re-
quest for voluntary separation, 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 of a military department may
waive any requirement for reimbursement under this sec-
tion at the Secretary’s discretion.’’.
(b) EFFECTIVE DATES.—(1) Subsection (g) of sec-
tion 2005 of title 10, United States Code, as added by
subsection (a), shall apply with respect to persons sepa-
rated 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 sub-
section (a), shall apply with respect to persons separated
from the Armed Forces after September 30, 1993.
SEC. 573. RECOGNITION OF POWERS OF ATTORNEY NOTA-
RIZED BY DEFENSE NOTARY PUBLIC.
Section 1044a of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
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‘‘(e) A power of attorney signed by a person author-
ized to receive legal assistance under section 1044 of this
title and notarized by a person authorized to do so under
this section shall be recognized as lawful and given full
effect by any person to whom it is presented, notwith-
standing any provision of law regulating the granting of
a power of attorney in any State, territory, or other juris-
diction of the United States.’’.
SEC. 574. 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 Con-
gress the powers to raise and support armies, pro-
vide 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.
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‘‘(3) Pursuant to the powers conferred by sec-
tion 8 of article I of the Constitution of the United
States, it lies within the discretion of the Congress
to establish qualifications for and conditions of serv-
ice 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 re-
quires members of the armed forces to make ex-
traordinary sacrifices, including the ultimate sac-
rifice, 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 com-
bat 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 indi-
vidual 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-
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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,
including numerous restrictions on personal be-
havior, that would not be acceptable 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 mem-
ber 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 mem-
ber 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 stand-
ards of conduct is necessary because members of the
armed forces must be ready at all times for world-
wide deployment to a combat environment.
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‘‘(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.
‘‘(13) The prohibition against homosexual con-
duct is a longstanding element of military law that
continues to be necessary in the unique cir-
cumstances of military service.
‘‘(14) The armed forces must maintain person-
nel 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 per-
sons who demonstrate a propensity or intent to en-
gage in homosexual acts would create an unaccept-
able risk to the high standards of morale, good order
and discipline, and unit cohesion that are the es-
sence of military capability.
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‘‘(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, at-
tempted to engage in, or solicited another to engage
in a homosexual act or acts unless there are further
findings, made and approved in accordance with pro-
cedures set forth in such regulations, that the mem-
ber has demonstrated 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 propen-
sity or intent to engage in homosexual acts.
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‘‘(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 regu-
lations, that the member has demonstrated 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 at-
tempted 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 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
members 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 applica-
ble laws and regulations governing sexual conduct by
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members of the armed forces, including the policies pre-
scribed under subsection (b).
‘‘(e) RULE
OF CONSTRUCTION.—Nothing in sub-
section (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 regulations prescribed by the Secretary of Defense
that—
‘‘(1) the member engaged in conduct or made
statements for the purpose of avoiding or terminat-
ing 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, re-
gardless of sex, who engages in, attempts to engage
in, has a propensity to engage in, or intends to en-
gage 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—
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‘‘(A) any bodily contact, actively under-
taken or passively 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 pro-
pensity or intent to engage in an act described
in subparagraph (A).’’.
(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 Department 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 effec-
tive date of regulations issued by the Secretary of Defense
to implement such section 654.
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
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(1) the suspension of questioning concerning
homosexuality as part of the processing of individ-
uals for accession into the Armed Forces under the
interim policy of January 29, 1993, should be con-
tinued, but the Secretary of Defense may reinstate
that questioning with such questions or such revised
questions as he considers appropriate if the Sec-
retary 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 sub-
section (a); and
(2) the Secretary of Defense should consider is-
suing guidance governing the circumstances under
which members of the Armed Forces questioned
about homosexuality for administrative 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 Jus-
tice).
SEC. 575. FOREIGN LANGUAGE PROFICIENCY TEST PRO-
GRAM.
(a) TEST PROGRAM.—The Secretary of Defense shall
develop and carry out a test program for improving for-
eign language proficiency in the Department of Defense
through improved management and other measures. The
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test program shall be designed to evaluate the findings
and recommendations of—
(1) the June 1993 inspection report of the In-
spector General of the Department of Defense on
the Defense Foreign Language Program (report
numbered 93–INS–10);
(2) the report of the Sixth Quadrennial Review
of Military Compensation (August 1988); and
(3) any other recent study of the foreign lan-
guage proficiency program of the Department of De-
fense.
(b) EVALUATION OF PRIOR RECOMMENDATIONS.—
The test program shall include an evaluation of the follow-
ing possible changes to current practice identified in the
reports referred to in subsection (a):
(1) Management of linguist billets and person-
nel for the active and reserve components from a
Total Force perspective.
(2) Improvement of linguist training programs,
both resident and nonresident, to provide greater
flexibility, to accommodate missions other than sig-
nals intelligence, and to improve the provision of re-
sources for nonresident programs.
(3) Centralized responsibility within the Office
of the Secretary of Defense to provide coordinated