To affirm that Federal employees are protected from discrimination on the basis of sexual orientation and to repudiate any assertion to the contrary.

June 30, 2005

Mr. WAXMAN (for himself, Mr. SHAYS, Mr. DAVIS of Illinois, Mr. FOLEY, Mr. FRANK of Massachusetts, Mr. KOLBE, Mr. HOYER, Mr. ENGEL, Ms. BALDWIN, Mr. VAN HOLLEN, and Ms. NORTON) introduced the following bill; which was referred to the Committee on Government Reform

To affirm that Federal employees are protected from discrimination on the basis of sexual orientation and to repudiate any assertion to the contrary.

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 `Clarification of Federal Employment Protections Act'.

SEC. 2. DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION PROHIBITED.

(a) Repudiation- In order to dispel any public confusion, Congress hereby repudiates any assertion that Federal employees are not protected from discrimination on the basis of sexual orientation.

(b) Affirmation- It is the sense of Congress that, in the absence of the amendment made by subsection (c), discrimination against Federal employees and applicants for Federal employment on the basis of sexual orientation is prohibited by section 2302(b)(10) of title 5, United States Code.

(c) Amendment- Section 2302(b)(1) of title 5, United States Code, is amended--

(1) by striking `or' at the end of subparagraph (D);

(2) by inserting `or' at the end of subparagraph (E); and

(3) by adding at the end the following:

`(F) on the basis of sexual orientation.'.

END