[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3065 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3065

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 SENATE OF THE UNITED STATES

                             March 3, 2010

  Mr. Lieberman (for himself, Mr. Levin, Mr. Udall of Colorado, Mrs. 
Gillibrand, Mr. Burris, Mr. Bingaman, Mrs. Boxer, Mr. Wyden, Mr. Leahy, 
Mr. Specter, Mr. Merkley, Mrs. Feinstein, Mr. Franken, and Mr. Cardin) 
introduced the following bill; which was read twice and 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 2010''.

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    The following provisions of law are repealed: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) In general.--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 in 
              the armed forces
    ``(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 on the basis of sexual 
orientation 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 that is not otherwise illegal manifesting 
heterosexuality, homosexuality, or bisexuality.''.
            (2) Clerical amendments.--The table of sections at the 
        beginning of chapter 37 of such title 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'' both places 
                it appears.
            (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. REVIEW AND IMPLEMENTATION.

    (a) Pentagon Working Group.--
            (1) Establishment.--The Secretary of Defense shall 
        establish in the Department of Defense a working group (to be 
        known as the ``Pentagon Working Group'') to make 
        recommendations to the Secretary regarding the implementation 
        of this Act and the amendments made by this Act.
            (2) Treatment of existing working group.--If there exists 
        in the Department as of the date of the enactment of this Act a 
        working group on recommendations regarding the repeal of 
        section 654 of title 10, United States Code, the Secretary may 
        treat the working group as the working group required by 
        paragraph (1) for purposes of this section.
    (b) Working Group Recommendations.--
            (1) Submittal to secretary of defense.--Not later than 270 
        days after the date of the enactment of this Act, the working 
        group under subsection (a) shall submit to the Secretary of 
        Defense a written report setting forth such recommendations as 
        the working group considers appropriate for a revision of 
        Department of Defense regulations, or the issuance of new 
        regulations, to implement this Act and the amendments made by 
        this Act.
            (2) Submittal to congress.--The report under paragraph (1) 
        shall also be submitted to the Committees on Armed Services of 
        the Senate and the House of Representatives.
    (c) Regulations.--
            (1) Revisions required.--Not later than 60 days after 
        receipt of the report required by subsection (b)(1), the 
        Secretary of Defense shall revise Department of Defense 
        regulations, and shall issue such new regulations as may be 
        necessary, to implement this Act and the amendments made by 
        this Act. The Secretary of Defense shall further direct the 
        Secretary of each military department to revise regulations of 
        that military department in accordance with this Act, not later 
        than 120 days after the Secretary of Defense receives the 
        report required by subsection (b)(1).
            (2) Elements.--The revisions required by paragraph (1) 
        shall include the following:
                    (A) 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.
                    (B) Revision of Department of Defense and military 
                department personnel regulations to eliminate 
                procedures for involuntary discharges based on sexual 
                orientation.
                    (C) 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.
                    (D) Revision of any Department of Defense and 
                military department regulations as necessary to ensure 
                that regulations governing the personal conduct of 
                members of the Armed Forces are written and enforced 
                without regard to sexual orientation.
    (d) Sexual Orientation Defined.--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).

SEC. 8. REPORT.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
setting forth an assessment of the compliance of institutions of higher 
education with section 983 of title 10, United States Code (as amended 
by section 4(b)), and describing the actions, if any, taken by the 
Secretary to effect the denial of funds authorized in that section to 
an institution of higher education that continues to prohibit, or in 
effect prevent, the Secretary or a military department from 
maintaining, establishing, or operating a unit of the Senior Reserve 
Officers' Training Corps at that institution (or any subelement of that 
institution).
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