[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1059 Introduced in House (IH)]






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).
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