I 

111TH CONGRESS 

1ST SESSION H. R. 4180 

To amend title 10, United States Code, to include the disclosure of sexual 

orientation by a member of the Armed Forces to a Member of Congress 

as a lawful and protected communication and to prohibit retaliatory 

personnel actions against members of the Armed Forces who make such 

a disclosure in a Congressional hearing or who testify, for or against, 

the policy concerning homosexuality in the Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 2, 2009 

Mr. HASTINGS of Florida (for himself, Mr. MORAN of Virginia, Mrs. CAPPS, 

Ms. BERKLEY, Ms. NORTON, Mr. STARK, Ms. WATSON, Ms. EDWARDS

of Maryland, Mr. GRIJALVA, Mr. GRAYSON, Ms. CHU, Mr. MEEKS of New 

York, Mr. CUMMINGS, Mr. HALL of New York, Mr. ACKERMAN, Ms. 

SPEIER, Ms. LORETTA SANCHEZ of California, Mr. ELLISON, Mr. DINGELL, Mr. BLUMENAUER, Ms. WOOLSEY, Ms. KILPATRICK of Michigan, 

Ms. CLARKE, Ms. PINGREE of Maine, Ms. HIRONO, Mr. FILNER, Mr. 

ABERCROMBIE, and Mr. WALZ) introduced the following bill; which was 

referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to include the disclosure of sexual orientation by a member of the Armed 

Forces to a Member of Congress as a lawful and protected communication and to prohibit retaliatory personnel actions against members of the Armed Forces 

who make such a disclosure in a Congressional hearing 

or who testify, for or against, the policy concerning homosexuality in the Armed Forces. 


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•HR 4180 IH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Honest and Open Tes5 timony Act’’. 

6 SEC. 2. PROHIBITION OF RETALIATORY PERSONNEL AC7 TIONS AGAINST MEMBERS OF THE ARMED 

8 FORCES WHO TESTIFY HONESTLY AND OPEN9 LY ABOUT THEIR SEXUAL ORIENTATION IN A 

10 CONGRESSIONAL HEARING OR WHO TESTIFY 

11 REGARDING THE POLICY CONCERNING HO12 MOSEXUALITY IN THE ARMED FORCES. 

13 (a) PROTECTED COMMUNICATION.—Subsection (a) 

14 of section 1034 of title 10, United States Code, is amend15 ed by adding at the end the following new paragraph: 

16 ‘‘(3) Protected communication with a Member of 

17 Congress covered by paragraph (1) includes testimony by 

18 a member of the armed forces in a Congressional hearing 

19 regarding the policies set forth in subsection 654(b) of this 

20 title, including testimony by the member that discloses or 

21 affirms that the member is homosexual, bisexual, or 

22 transgender. Such communication is lawful and may not 

23 be restricted.’’. 

24 (b) PROHIBITION OF RETALIATORY PERSONNEL AC25 TIONS IN RESPONSE TO PROTECTED COMMUNICATION.— 


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•HR 4180 IH

1 Subsection (b) of such title is amended by adding at the 

2 end the following new paragraph: 

3 ‘‘(3) In the case of a member of the armed forces 

4 who makes a protected communication described in sub5 section (a)(3), any application of the policies set forth in 

6 subsection 654(b) of this title (or threat to apply the poli7 cies) to the member shall be considered to be an unfavor8 able personnel action prohibited by paragraph (1).’’. 

Æ 


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