I 

110TH CONGRESS 

1ST SESSION H. R. 1246 

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 

FEBRUARY 28, 2007 

Mr. MEEHAN (for himself, Mr. SMITH of Washington, Mr. WYNN, Mr. 

HASTINGS of Florida, Ms. SCHWARTZ, Mr. WEINER, Ms. LEE, Mr. 

FRANK of Massachusetts, Ms. MCCOLLUM of Minnesota, Mr. PASCRELL, 

Mr. FILNER, Mrs. MALONEY of New York, Mr. FATTAH, Mr. RANGEL, 

Mr. SHAYS, Mr. VAN HOLLEN, Ms. CORRINE BROWN of Florida, Mr. 

DAVIS of Illinois, Mr. WU, Ms. WASSERMAN SCHULTZ, Mr. KUCINICH, 

Ms. WATSON, Mr. PAYNE, Ms. MATSUI, Mr. BLUMENAUER, Mr. PASTOR, 

Ms. EDDIE BERNICE JOHNSON of Texas, Mr. TOWNS, Mr. MARKEY, Ms. 

NORTON, Mr. CUMMINGS, Mr. ENGEL, Mrs. TAUSCHER, Mr. CLEAVER, 

Mr. PALLONE, Mr. ACKERMAN, Mr. GEORGE MILLER of California, Mrs. 

NAPOLITANO, Mr. MEEKS of New York, Ms. MOORE of Wisconsin, Mr. 

JOHNSON of Georgia, Mr. WAXMAN, Ms. SOLIS, Mr. BERMAN, Ms. ROSLEHTINEN, Mr. LANGEVIN, Mr. MORAN of Virginia, Mr. OBERSTAR, Ms. 

SCHAKOWSKY, Ms. HARMAN, Mr. INSLEE, Mr. NADLER, Mr. 

MCDERMOTT, Mr. MCGOVERN, Mr. DINGELL, Mr. LARSON of Connecticut, Mr. LEWIS of Georgia, Mr. OLVER, Mr. TIERNEY, Mr. 

SERRANO, Mr. CROWLEY, Ms. CARSON, Ms. CASTOR, Mr. ELLISON, Ms. 

LINDA T. SA ́NCHEZ of California, Mrs. CAPPS, Ms. SLAUGHTER, Ms. 

ROYBAL-ALLARD, Mr. GUTIERREZ, Ms. WOOLSEY, Mr. UDALL of Colorado, Mr. HINCHEY, Ms. WATERS, Ms. HIRONO, Mr. CAPUANO, Mr. 

DOYLE, Mr. HONDA, Mr. MICHAUD, Mr. ABERCROMBIE, Mrs. LOWEY, 

Ms. VELA ́ZQUEZ, Mr. KENNEDY, Mr. STARK, Mr. DEFAZIO, Mr. WELCH

of Vermont, Mr. HARE, Mr. EMANUEL, Mr. GRIJALVA, Mr. NEAL of 

Massachusetts, Mr. BRADY of Pennsylvania, Mr. WEXLER, Ms. 

DELAURO, Mr. HOLT, Mr. FARR, Ms. JACKSON-LEE of Texas, Ms. 

BERKLEY, Mrs. JONES of Ohio, Mr. LYNCH, Mr. COHEN, Mr. ISRAEL, 

Mr. ROTHMAN, Mrs. DAVIS of California, Ms. BALDWIN, Mr. ALLEN, Mr. 

LANTOS, Mr. GILCHREST, Mr. DELAHUNT, Mr. CLAY, Mr. BECERRA, and 

Ms. ZOE LOFGREN of California) introduced the following bill; which was 

referred to the Committee on Armed Services 

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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. 

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 ‘‘Military Readiness En5 hancement Act of 2007’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to institute in the Armed 

8 Forces a policy of nondiscrimination based on sexual ori9 entation. 

10 SEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEX11 UALITY IN THE ARMED FORCES. 

12 The following provisions of law are repealed: 

13 (1) Section 654 of title 10, United States Code. 

14 (2) Subsections (b), (c), and (d) of section 571 

15 of the National Defense Authorization Act for Fiscal 

16 Year 1994 (10 U.S.C. 654 note). 

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1 SEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINA2 TION BASED ON SEXUAL ORIENTATION IN 

3 THE ARMED FORCES. 

4 (a) ESTABLISHMENT OF POLICY.—(1) Chapter 37 of 

5 title 10, United States Code, is amended by adding at the 

6 end the following new section: 

7 ‘‘§ 656. Policy of nondiscrimination based on sexual 

8 orientation 

9 ‘‘(a) POLICY.—The Secretary of Defense, and the 

10 Secretary of Homeland Security with respect to the Coast 

11 Guard when it is not operating as a service in the Navy, 

12 may not discriminate on the basis of sexual orientation 

13 against any member of the armed forces or against any 

14 person seeking to become a member of the armed forces. 

15 ‘‘(b) DISCRIMINATION ON BASIS OF SEXUAL ORI16 ENTATION.—For purposes of this section, discrimination 

17 on the basis of sexual orientation is— 

18 ‘‘(1) in the case of a member of the armed 

19 forces, the taking of any personnel or administrative 

20 action (including any action relating to promotion, 

21 demotion, evaluation, selection for an award, selec22 tion for a duty assignment, transfer, or separation) 

23 in whole or in part on the basis of sexual orienta24 tion; and 

25 ‘‘(2) in the case of a person seeking to become 

26 a member of the armed forces, denial of accession 

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1 into the armed forces in whole or in part on the 

2 basis of sexual orientation. 

3 ‘‘(c) PERSONNEL AND ADMINISTRATIVE POLICIES

4 AND ACTION.—The Secretary of Defense, and the Sec5 retary of Homeland Security with respect to the Coast 

6 Guard when it is not operating as a service in the Navy, 

7 may not establish, implement, or apply any personnel or 

8 administrative policy, or take any personnel or administra9 tive action (including any policy or action relating to pro10 motions, demotions, evaluations, selections for awards, se11 lections for duty assignments, transfers, or separations) 

12 in whole or in part on the basis of sexual orientation. 

13 ‘‘(d) RULES AND POLICIES REGARDING CONDUCT.— 

14 Nothing in this section prohibits the Secretary of Defense, 

15 and the Secretary of Homeland Security with respect to 

16 the Coast Guard when it is not operating as a service in 

17 the Navy, from prescribing or enforcing regulations gov18 erning the conduct of members of the armed forces if the 

19 regulations are designed and applied without regard to 

20 sexual orientation. 

21 ‘‘(e) RE-ACCESSION OF OTHERWISE QUALIFIED

22 PERSONS PERMITTED.—Any person separated from the 

23 armed forces for homosexuality, bisexuality, or homo24 sexual conduct in accordance with laws and regulations 

25 in effect before the date of the enactment of this section, 

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1 if otherwise qualified for re-accession into the armed 

2 forces, shall not be prohibited from re-accession into the 

3 armed forces on the sole basis of such separation. 

4 ‘‘(f) SEXUAL ORIENTATION.—In this section, the 

5 term ‘sexual orientation’ means heterosexuality, homosex6 uality, or bisexuality, whether the orientation is real or 

7 perceived, and includes statements and consensual sexual 

8 conduct manifesting heterosexuality, homosexuality, or bi9 sexuality.’’. 

10 (2) The table of sections at the beginning of such 

11 chapter is amended— 

12 (A) by striking the item relating to section 654; 

13 and 

14 (B) by adding at the end the following new 

15 item: 

‘‘656. Policy of nondiscrimination based on sexual orientation in the armed 

forces.’’. 

16 (b) CONFORMING AMENDMENTS.—Title 10, United 

17 States Code, is amended as follows: 

18 (1) Section 481 is amended— 

19 (A) In subsection (a)(2), by inserting ‘‘, in20 cluding sexual orientation discrimination,’’ after 

21 ‘‘discrimination’’ in subparagraphs (C) and (D); 

22 and 

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1 (B) in subsection (c), by inserting ‘‘and 

2 sexual orientation-based’’ after ‘‘gender-based’’ 

3 both places it appears. 

4 (2) Section 983(a)(1) is amended by striking 

5 ‘‘(in accordance with section 654 of this title and 

6 other applicable Federal laws)’’. 

7 (3) Section 1034(i)(3) is amended by inserting 

8 ‘‘sexual orientation,’’ after ‘‘sex,’’. 

9 SEC. 5. BENEFITS. 

10 Nothing in this Act, or the amendments made by this 

11 Act, shall be construed to require the furnishing of de12 pendent benefits in violation of section 7 of title 1, United 

13 States Code (relating to the definitions of ‘‘marriage’’ and 

14 ‘‘spouse’’ and referred to as the ‘‘Defense of Marriage 

15 Act’’). 

16 SEC. 6. NO PRIVATE CAUSE OF ACTION FOR DAMAGES. 

17 Nothing in this Act, or the amendments made by this 

18 Act, shall be construed to create a private cause of action 

19 for damages. 

20 SEC. 7. REGULATIONS. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of the enactment of this Act, the Secretary of Defense 

23 shall revise Department of Defense regulations, and shall 

24 issue such new regulations as may be necessary, to imple25 ment section 656 of title 10, United States Code, as added 

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1 by section 4(a). The Secretary of Defense shall further 

2 direct the Secretary of each military department to revise 

3 regulations of that military department in accordance with 

4 section 656 of title 10, United States Code, as added by 

5 section 4(a), not later than 180 days after the date of the 

6 enactment of this Act. Such revisions shall include the fol7 lowing: 

8 (1) Revision of all equal opportunity and 

9 human relations regulations, directives, and instruc10 tions to add sexual orientation nondiscrimination to 

11 the Department of Defense Equal Opportunity pol12 icy and to related human relations training pro13 grams. 

14 (2) Revision of Department of Defense and 

15 military department personnel regulations to elimi16 nate procedures for involuntary discharges based on 

17 sexual orientation. 

18 (3) Revision of Department of Defense and 

19 military department regulations governing victims’ 

20 advocacy programs to include sexual orientation dis21 crimination among the forms of discrimination for 

22 which members of the Armed Forces and their fami23 lies may seek assistance. 

24 (b) REGULATION OF CONDUCT.—The Secretary of 

25 Defense, and the Secretary of Homeland Security with remstockstill on PROD1PC66 with BILLS

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1 spect to the Coast Guard when it is not operating as a 

2 service in the Navy, shall ensure that regulations gov3 erning the personal conduct of members of the Armed 

4 Forces shall be written and enforced without regard to 

5 sexual orientation. 

6 (c) DEFINITION.—In this section, the term ‘‘sexual 

7 orientation’’ has the meaning given that term in section 

8 656(f) of title 10, United States Code, as added by section 

9 4(a). 

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