[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3925 Introduced in House (IH)]







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.

    Be it enacted by the Senate and House of Representatives 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executive branch are rescinded and shall cease to be effective: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 Defense 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 directives 
        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 February 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 directives) of the 
        Department of Defense regarding service 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 department regarding 
        service of homosexuals in the Armed Forces that were in effect 
        on January 19, 1993.
    (c) Revision Prohibited.--The regulations (including Department of 
Defense directives) reinstated pursuant to subsection (b), insofar as 
they relate to the service of homosexuals in the Armed Forces, may not 
be revised except as specifically provided by a law enacted after the 
enactment of this Act.
    (d) Rule of Construction.--In the case of a conflict 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 Entrants Into Military 
Service.--(1) Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall issue instructions for the 
resumption 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 Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1673; 10 U.S.C. 654 
note) is repealed.
                                 <all>