‘‘§ 656. Policy of nondiscrimination based on sexual 
orientation 
‘‘(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 ORI-
ENTATION.—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, selec-
tion for a duty assignment, transfer, or separation) 
in whole or in part on the basis of sexual orienta-
tion; 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 Sec-
retary 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 administra-
tive action (including any policy or action relating to pro-
motions, demotions, evaluations, selections for awards, se-
lections 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 gov-
erning 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 for homosexuality, bisexuality, or homo-
sexual conduct 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, homosex-
uality, or bisexuality, whether the orientation is real or
perceived, and includes statements and consensual sexual 
conduct manifesting heterosexuality, homosexuality, or bi-
sexuality.’’. 
(2) The table of sections at the beginning of such 
chapter 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 ‘‘, in-
cluding sexual orientation discrimination,’’ after 
‘‘discrimination’’ in subparagraphs (C) and (D); 
and 
(B) in subsection (c), by inserting ‘‘and 
sexual orientation-based’’ after ‘‘gender-based’’. 
(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 de-
pendent 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. REGULATIONS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall revise Department of Defense regulations, and shall 
issue such new regulations as may be necessary, to imple-
ment section 656 of title 10, United States Code, as added 
by section 4(a). The Secretary of Defense shall further 
direct the Secretary of each military department to revise 
regulations of that military department in accordance with 
section 656 of title 10, United States Code, as added by 
section 4(a), not later than 180 days after the date of the 
enactment of this Act. Such revisions shall include the fol-
lowing: 
(1) Revision of all equal opportunity and 
human relations regulations, directives, and instruc-