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DADT_statute[1] - 107 STAT 1670 PUBLIC LAW 103-160 NOV 30...

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107 STAT. 1670 PUBLIC LAW 103-160 - NOV. 30, 1993 by those provisions. For purposes of the application of any of such provisions to the Coast Guard Reserve, any reference in those provisions to the Secretary of Defense or Secretary of a military department shall be treated as referring to the Secretary of Transportation. 14 USC 702 note. (b) REGULATIONS. - Regulations prescribed for the purposes of this section shall to the extent practicable be identical to the regula- tions prescribed by the Secretary of Defense under those provisions. (c) TEMPORARY SPECIAL - RETIREMENT AUTHORITY. - Section 1331a of title 10, United States Code, is amended- (1) in subsection (a), by striking out “Secretary of a military department and inserting in lieu thereof Secretary concerned"; (2) in subsection (c), by striking out “of the military depart- ment"; and (3) in subsection (e), by striking out the period at the end and inserting in lieu thereof “and by the Secretary of Transportation with respect to the Coast Guard.“. Subtitle G - Other Matters SEC. 571. 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: “Sec. 654. Policy concerning homosexuality in the armed forces “(a) FINDINGS. - Congress makes the following findings: “(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 f o r c e s . “(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 establish 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 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 mili- tary 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
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PUBLIC LAW. 103-160 - NOV. 30, 1993 107 STAT. 1671 “(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
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