II 

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. 

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 2010’’. 


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1 SEC. 2. PURPOSE. 

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

3 Forces a policy of nondiscrimination based on sexual ori4 entation. 

5 SEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEX6 UALITY IN THE ARMED FORCES. 

7 The following provisions of law are repealed: 

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

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

10 of the National Defense Authorization Act for Fiscal 

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

12 SEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINA13 TION BASED ON SEXUAL ORIENTATION IN 

14 THE ARMED FORCES. 

15 (a) ESTABLISHMENT OF POLICY.— 

16 (1) IN GENERAL.—Chapter 37 of title 10, 

17 United States Code, is amended by adding at the 

18 end the following new section: 

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

20 orientation in the armed forces 

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

22 Secretary of Homeland Security with respect to the Coast 

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

24 may not discriminate on the basis of sexual orientation 

25 against any member of the armed forces or against any 

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


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1 ‘‘(b) DISCRIMINATION ON BASIS OF SEXUAL ORI2 ENTATION.—For purposes of this section, discrimination 

3 on the basis of sexual orientation is— 

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

5 forces, the taking of any personnel or administrative 

6 action (including any action relating to promotion, 

7 demotion, evaluation, selection for an award, selec8 tion for a duty assignment, transfer, or separation) 

9 in whole or in part on the basis of sexual orienta10 tion; and 

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

12 a member of the armed forces, denial of accession 

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

14 basis of sexual orientation. 

15 ‘‘(c) PERSONNEL AND ADMINISTRATIVE POLICIES

16 AND ACTION.—The Secretary of Defense, and the Sec17 retary of Homeland Security with respect to the Coast 

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

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

20 administrative policy, or take any personnel or administra21 tive action (including any policy or action relating to pro22 motions, demotions, evaluations, selections for awards, se23 lections for duty assignments, transfers, or separations) 

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


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

2 Nothing in this section prohibits the Secretary of Defense, 

3 and the Secretary of Homeland Security with respect to 

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

5 the Navy, from prescribing or enforcing regulations gov6 erning the conduct of members of the armed forces if the 

7 regulations are designed and applied without regard to 

8 sexual orientation. 

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

10 PERSONS PERMITTED.—Any person separated from the 

11 armed forces on the basis of sexual orientation in accord12 ance with laws and regulations in effect before the date 

13 of the enactment of this section, if otherwise qualified for 

14 re-accession into the armed forces, shall not be prohibited 

15 from re-accession into the armed forces on the sole basis 

16 of such separation. 

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

18 term ‘sexual orientation’ means heterosexuality, homosex19 uality, or bisexuality, whether the orientation is real or 

20 perceived, and includes statements and consensual sexual 

21 conduct that is not otherwise illegal manifesting hetero22 sexuality, homosexuality, or bisexuality.’’. 

23 (2) CLERICAL AMENDMENTS.—The table of sec24 tions at the beginning of chapter 37 of such title is 

25 amended— 


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1 (A) by striking the item relating to section 

2 654; and 

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

4 item: 

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

forces.’’. 

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

6 States Code, is amended as follows: 

7 (1) Section 481 is amended— 

8 (A) In subsection (a)(2), by inserting ‘‘, in9 cluding sexual orientation discrimination,’’ after 

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

11 and 

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

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

14 both places it appears. 

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

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

17 other applicable Federal laws)’’. 

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

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

20 SEC. 5. BENEFITS. 

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

22 Act, shall be construed to require the furnishing of de23 pendent benefits in violation of section 7 of title 1, United 

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


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

2 Act’’). 

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

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

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

6 for damages. 

7 SEC. 7. REVIEW AND IMPLEMENTATION. 

8 (a) PENTAGON WORKING GROUP.— 

9 (1) ESTABLISHMENT.—The Secretary of De10 fense shall establish in the Department of Defense 

11 a working group (to be known as the ‘‘Pentagon 

12 Working Group’’) to make recommendations to the 

13 Secretary regarding the implementation of this Act 

14 and the amendments made by this Act. 

15 (2) TREATMENT OF EXISTING WORKING

16 GROUP.—If there exists in the Department as of the 

17 date of the enactment of this Act a working group 

18 on recommendations regarding the repeal of section 

19 654 of title 10, United States Code, the Secretary 

20 may treat the working group as the working group 

21 required by paragraph (1) for purposes of this sec22 tion. 

23 (b) WORKING GROUP RECOMMENDATIONS.— 

24 (1) SUBMITTAL TO SECRETARY OF DEFENSE.— 

25 Not later than 270 days after the date of the enactVerDate Nov 24 2008 04:35 Mar 04, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3065.IS S3065

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1 ment of this Act, the working group under sub2 section (a) shall submit to the Secretary of Defense 

3 a written report setting forth such recommendations 

4 as the working group considers appropriate for a re5 vision of Department of Defense regulations, or the 

6 issuance of new regulations, to implement this Act 

7 and the amendments made by this Act. 

8 (2) SUBMITTAL TO CONGRESS.—The report 

9 under paragraph (1) shall also be submitted to the 

10 Committees on Armed Services of the Senate and 

11 the House of Representatives. 

12 (c) REGULATIONS.— 

13 (1) REVISIONS REQUIRED.—Not later than 60 

14 days after receipt of the report required by sub15 section (b)(1), the Secretary of Defense shall revise 

16 Department of Defense regulations, and shall issue 

17 such new regulations as may be necessary, to imple18 ment this Act and the amendments made by this 

19 Act. The Secretary of Defense shall further direct 

20 the Secretary of each military department to revise 

21 regulations of that military department in accord22 ance with this Act, not later than 120 days after the 

23 Secretary of Defense receives the report required by 

24 subsection (b)(1). 


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1 (2) ELEMENTS.—The revisions required by 

2 paragraph (1) shall include the following: 

3 (A) Revision of all equal opportunity and 

4 human relations regulations, directives, and in5 structions to add sexual orientation non6 discrimination to the Department of Defense 

7 Equal Opportunity policy and to related human 

8 relations training programs. 

9 (B) Revision of Department of Defense 

10 and military department personnel regulations 

11 to eliminate procedures for involuntary dis12 charges based on sexual orientation. 

13 (C) Revision of Department of Defense 

14 and military department regulations governing 

15 victims’ advocacy programs to include sexual 

16 orientation discrimination among the forms of 

17 discrimination for which members of the Armed 

18 Forces and their families may seek assistance. 

19 (D) Revision of any Department of De20 fense and military department regulations as 

21 necessary to ensure that regulations governing 

22 the personal conduct of members of the Armed 

23 Forces are written and enforced without regard 

24 to sexual orientation. 


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1 (d) SEXUAL ORIENTATION DEFINED.—In this sec2 tion, the term ‘‘sexual orientation’’ has the meaning given 

3 that term in section 656(f) of title 10, United States Code, 

4 as added by section 4(a). 

5 SEC. 8. REPORT. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary of Defense shall submit 

8 to the Committees on Armed Services of the Senate and 

9 the House of Representatives a report setting forth an as10 sessment of the compliance of institutions of higher edu11 cation with section 983 of title 10, United States Code 

12 (as amended by section 4(b)), and describing the actions, 

13 if any, taken by the Secretary to effect the denial of funds 

14 authorized in that section to an institution of higher edu15 cation that continues to prohibit, or in effect prevent, the 

16 Secretary or a military department from maintaining, es17 tablishing, or operating a unit of the Senior Reserve Offi18 cers’ Training Corps at that institution (or any subele19 ment of that institution). 

Æ 


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