109th CONGRESS
1st Session
H. R. 1059
To amend title 10, United States Code, to enhance the readiness of
the Armed Forces by replacing the current policy concerning homosexuality
in the Armed Forces, referred to as `Don't Ask, Don't Tell', with a policy
of nondiscrimination on the basis of sexual orientation.
IN THE HOUSE OF REPRESENTATIVES
March 2, 2005
Mr. MEEHAN (for himself, Mr. ABERCROMBIE, Mr. ACKERMAN, Ms. BALDWIN, Mr.
BECERRA, Mr. BERMAN, Ms. BERKLEY, Mr. BLUMENAUER, Mr. BRADY of Pennsylvania,
Mr. CAPUANO, Mrs. CAPPS, Mr. CROWLEY, Mr. DAVIS of Illinois, Ms. DEGETTE,
Mr. DELAHUNT, Ms. DELAURO, Mr. ENGEL, Mr. FARR, Mr. FRANK of Massachusetts,
Ms. HARMAN, Mr. HINCHEY, Ms. NORTON, Mr. HOLT, Mr. HONDA, Mr. ISRAEL, Mr.
JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Mr. KUCINICH, Mr. LANGEVIN,
Mr. LANTOS, Mr. LEWIS of Georgia, Ms. LEE, Ms. ZOE LOFGREN of California,
Ms. MCCOLLUM of Minnesota, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. GEORGE MILLER
of California, Mr. MORAN of Virginia, Mr. NADLER, Mr. OBERSTAR, Mr. OLVER,
Mr. PALLONE, Ms. ROYBAL-ALLARD, Ms. LINDA T. SANCHEZ of California, Mr. SANDERS,
Ms. SCHAKOWSKY, Mr. SHAYS, Ms. SOLIS, Mr. STARK, Mrs. TAUSCHER, Mr. UDALL
of Colorado, Mr. VAN HOLLEN, Ms. WATERS, Ms. WATSON, Mr. WAXMAN, Mr. WEXLER,
and Ms. WOOLSEY) introduced the following bill; which was referred to the
Committee on Armed Services
A BILL
To amend title 10, United States Code, to enhance the readiness of
the Armed Forces by replacing the current policy concerning homosexuality
in the Armed Forces, referred to as `Don't Ask, Don't Tell', with a policy
of nondiscrimination on the basis of sexual orientation.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Military Readiness Enhancement Act of 2005'.
SEC. 2. PURPOSE.
The purpose of this Act is to institute in the Armed Forces a policy of nondiscrimination
based on sexual orientation.
SEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEXUALITY IN THE ARMED FORCES.
The following provisions of law are repealed:
(1) Section 654 of title 10, United States Code.
(2) Subsections (b), (c), and (d) of section 571 of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note).
SEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINATION BASED ON SEXUAL ORIENTATION
IN THE ARMED FORCES.
(a) Establishment of Policy- (1) Chapter 37 of title 10, United States Code,
is amended by adding at the end the following new section:
`Sec. 656. Policy of nondiscrimination based on sexual orientation
`(a) Policy- The Secretary of Defense, and the Secretary of Homeland Security
with respect to the Coast Guard when it is not operating as a service in the
Navy, may not discriminate on the basis of sexual orientation against any
member of the armed forces or against any person seeking to become a member
of the armed forces.
`(b) Discrimination on Basis of Sexual Orientation- For purposes of this section,
discrimination on the basis of sexual orientation is--
`(1) in the case of a member of the armed forces, the taking of any personnel
or administrative action (including any action relating to promotion, demotion,
evaluation, selection for an award, selection for a duty assignment, transfer,
or separation) in whole or in part on the basis of sexual orientation; and
`(2) in the case of a person seeking to become a member of the armed forces,
denial of accession into the armed forces in whole or in part on the basis
of sexual orientation.
`(c) Personnel and Administrative Policies and Action- The Secretary of Defense,
and the Secretary of Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, may not establish, implement,
or apply any personnel or administrative policy, or take any personnel or
administrative action (including any policy or action relating to promotions,
demotions, evaluations, selections for awards, selections for duty assignments,
transfers, or separations) in whole or in part on the basis of sexual orientation.
`(d) Rules and Policies Regarding Conduct- Nothing in this section prohibits
the Secretary of Defense, and the Secretary of Homeland Security with respect
to the Coast Guard when it is not operating as a service in the Navy, from
prescribing or enforcing regulations governing the conduct of members of the
armed forces if the regulations are designed and applied without regard to
sexual orientation.
`(e) Re-Accession of Otherwise Qualified Persons Permitted- Any person separated
from the armed forces for homosexuality, bisexuality, or homosexual conduct
in accordance with laws and regulations in effect before the date of the enactment
of this section, if otherwise qualified for re-accession into the armed forces,
shall not be prohibited from re-accession into the armed forces on the sole
basis of such separation.
`(f) Sexual Orientation- In this section, the term `sexual orientation' means
heterosexuality, homosexuality, or bisexuality, whether the orientation is
real or perceived, and includes statements and consensual sexual conduct manifesting
heterosexuality, homosexuality, or bisexuality.'.
(2) The table of sections at the beginning of such chapter is amended--
(A) by striking the item relating to section 654; and
(B) by adding at the end the following new item:
`656. Policy of nondiscrimination based on sexual orientation in the armed
forces.'.
(b) Conforming Amendments- Title 10, United States Code, is amended as follows:
(1) Section 481 is amended--
(A) In subsection (a)(2), by inserting `, including sexual orientation
discrimination,' after `discrimination' in subparagraphs (C) and (D);
and
(B) in subsection (c), by inserting `and sexual orientation-based' after
`gender-based'.
(2) Section 983(a)(1) is amended by striking `(in accordance with section
654 of this title and other applicable Federal laws)'.
(3) Section 1034(i)(3) is amended by inserting `sexual orientation,' after
`sex,'.
SEC. 5. BENEFITS.
Nothing in this Act, or the amendments made by this Act, shall be construed
to require the furnishing of dependent benefits in violation of section 7
of title 1, United States Code (relating to the definitions of `marriage'
and `spouse' and referred to as the `Defense of Marriage Act' ).
SEC. 6. NO PRIVATE CAUSE OF ACTION FOR DAMAGES.
Nothing in this Act, or the amendments made by this Act, shall be construed
to create a private cause of action for damages.
SEC. 7. REGULATIONS.
(a) In General- Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall revise Department of Defense regulations,
and shall issue such new regulations as may be necessary, to implement section
656 of title 10, United States Code, as added by section 4(a). The Secretary
of Defense shall further direct the Secretary of each military department
to revise regulations of that military department in accordance with section
656 of title 10, United States Code, as added by section 4(a), not later than
180 days after the date of the enactment of this Act. Such revisions shall
include the following:
(1) Revision of all equal opportunity and human relations regulations, directives,
and instructions to add sexual orientation nondiscrimination to the Department
of Defense Equal Opportunity policy and to related human relations training
programs.
(2) Revision of Department of Defense and military department personnel
regulations to eliminate procedures for involuntary discharges based on
sexual orientation.
(3) Revision of Department of Defense and military department regulations
governing victims' advocacy programs to include sexual orientation discrimination
among the forms of discrimination for which members of the Armed Forces
and their families may seek assistance.
(b) Regulation of Conduct- The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is not operating
as a service in the Navy, shall ensure that regulations governing the personal
conduct of members of the Armed Forces shall be written and enforced without
regard to sexual orientation.
(c) Definition- In this section, the term `sexual orientation' has the meaning
given that term in section 656(f) of title 10, United States Code, as added
by section 4(a).
END
