Military Readiness Enhancement Act of 2005 (Introduced in
House)
HR 1059 IH
109th CONGRESS
1st Session
H. R. 1059
IN THE HOUSE OF
REPRESENTATIVES
Mr. MEEHAN (for himself, Mr. ABERCROMBIE, Mr. ACKERMAN, Ms. BALDWIN, Mr.
BECERRA, Mr. BERMAN, Ms. BERKLEY, Mr. BLUMENAUER, Mr. BRADY of Pennsylvania,
Mr. CAPUANO, Mrs. CAPPS, Mr. CROWLEY, Mr. DAVIS of Illinois, Ms. DEGETTE, Mr.
DELAHUNT, Ms. DELAURO, Mr. ENGEL, Mr. FARR, Mr. FRANK of Massachusetts, Ms.
HARMAN, Mr. HINCHEY, Ms. NORTON, Mr.
A
Be it enacted by the Senate and
House of Representatives of the
This Act may be cited as the
`Military Readiness Enhancement Act of 2005'.
The purpose of this Act is to
institute in the Armed Forces a policy of nondiscrimination based on sexual
orientation.
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repealed: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).
(a) Establishment of Policy- (1)
Chapter 37 of title 10, United States Code, is amended by adding at the end the
following new section:
`(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 for homosexuality, bisexuality, or homosexual 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, homosexuality, or
bisexuality, whether the orientation is real or perceived, and includes
statements and consensual sexual conduct manifesting heterosexuality,
homosexuality, or bisexuality.'.
(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 `, 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'.
(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,'.
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' ).
Nothing in this Act, or the
amendments made by this Act, shall be construed to create a private cause of
action for damages.
(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 implement 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 following:
(1) 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.
(2) Revision of Department of
Defense and military department personnel regulations to eliminate procedures
for involuntary discharges based on sexual orientation.
(3) 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.
(b) Regulation of Conduct- 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, shall ensure that regulations governing the personal conduct of
members of the Armed Forces shall be written and enforced without regard to
sexual orientation.
(c) Definition- 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).