[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The following provisions of law are repealed: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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