H.R. 1283House111th Congress (2009-2011)In Committee

Military Readiness Enhancement Act of 2009

Introduced March 3, 2009

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Military Personnel.

March 31, 2009

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HouseIntro Referral

Introduced in House

March 3, 2009

HouseIntro Referral

Referred to the House Committee on Armed Services.

March 3, 2009

HouseCommittee

Referred to the Subcommittee on Military Personnel.

March 31, 2009

Floor Debate

12 members

What members said about H.R. 1283 on the floor

12 Democrats
Patrick J. Murphy
Rep. Patrick J. MurphyD-PA-8 · Oct 6, 2009

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the subject of my Special Order. Mr. Speaker,…

Mike Quigley
Rep. Mike QuigleyD-IL-5 · Oct 6, 2009

Thank you. I want to thank the gentleman from Pennsylvania for his service as well. Let me briefly try to put a human face on this. When you don't put a person on it, you can imagine it is hard to…

Jared Polis
Rep. Jared PolisD-CO-2 · Oct 6, 2009

Thank you for highlighting some of the research that was done in your district regarding this matter. And I would like to thank Representative Patrick Murphy for taking this challenge on, making our…

Timothy J. Walz
Rep. Timothy J. WalzD-MN-1 · Oct 6, 2009

Thank you to my colleague, the gentleman from Pennsylvania. Thank you for your service in the military. Thank you for your leadership in this Congress and, especially, thank you for standing forward…

Michael M. Honda
Rep. Michael M. HondaD-CA-15 · Oct 6, 2009

Mr. Speaker, I rise this evening to express my support for repealing the United States military's ``Don't Ask, Don't Tell'' policy. I want to thank my colleague, Congressman Patrick Murphy for…

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Lois Capps
Rep. Lois CappsD-CA-23 · Oct 6, 2009

I thank my colleague from Pennsylvania, Mr. Murphy, for yielding. I am so honored to be with you this evening, and I thank you for organizing this time and for your leadership on this issue. It's a…

Tammy Baldwin
Rep. Tammy BaldwinD-WI-2 · Oct 6, 2009

I want to thank my friend and colleague both for your service to your country and for your leadership on this very critical issue. And also thank you for yielding me some time this evening to talk…

Chellie Pingree
Rep. Chellie PingreeD-ME-1 · Oct 6, 2009

Thank you so much, Congressman Murphy. Thank you for gathering us here at this late hour and also for taking on the leadership role in this extremely important issue. I am very proud to be here with…

Barbara Lee
Rep. Barbara LeeD-CA-9 · Oct 6, 2009

Mr. Speaker, thank you, Congressman Patrick J. Murphy of Pennsylvania, for arranging this special order on ending the outdated and discriminatory policy of ``Don't Ask, Don't Tell''. Thank you for…

Lynn C. Woolsey
Rep. Lynn C. WoolseyD-CA-6 · Oct 6, 2009

I would like to thank the gentleman from Pennsylvania for organizing tonight's Special Order because the men and women who serve in our military deserve nothing less than our respect, our support,…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Oct 6, 2009

Mr. Speaker, I rise today to voice my support for the repeal of the Department of Defense's policy of ``Don't Ask, Don't Tell'' that bans openly gay men and women from serving in the military. Under…

Michael A. Arcuri
Rep. Michael A. ArcuriD-NY-24 · Oct 6, 2009

I thank my friend from Philadelphia and for his courage and determination in being here. This issue, I was sitting there and I turned the TV on this evening and I didn't know you would be here, and I…

Patrick J. Murphy
Rep. Patrick J. MurphyD-PA-8 · Jul 7, 2009

Madam Speaker, I ask unanimous consent that I may hereafter be considered to be the first sponsor of H.R. 1283, the Military Readiness Enhancement Act, a bill originally introduced by Representative…

Bill Text

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Introduced in HouseIssued March 3, 2009

I

111th CONGRESS

1st Session

H. R. 1283

IN THE HOUSE OF REPRESENTATIVES

March 3, 2009

Mrs. Tauscher (for herself, Mr. Abercrombie, Mr. Ackerman, Mr. Andrews, Ms. Baldwin, Ms. Berkley, Mr. Berman, Mr. Bishop of New York, Mr. Blumenauer, Mr. Brady of Pennsylvania, Mrs. Capps, Mr. Capuano, Mr. Carson of Indiana, Ms. Castor of Florida, Mrs. Christensen, Ms. Clarke, Mr. Clay, Mr. Cleaver, Mr. Cohen, Mr. Conyers, Mr. Courtney, Mr. Crowley, Mr. Cummings, Mrs. Davis of California, Mr. DeFazio, Mr. Delahunt, Ms. DeLauro, Mr. Dingell, Mr. Doyle, Ms. Edwards of Maryland, Mr. Ellison, Mr. Engel, Ms. Eshoo, Mr. Farr, Mr. Fattah, Mr. Filner, Mr. Frank of Massachusetts, Mr. Grijalva, Mr. Gutierrez, Mr. Hall of New York, Mr. Hare, Ms. Harman, Mr. Hastings of Florida, Mr. Hinchey, Ms. Hirono, Mr. Holt, Mr. Honda, Mr. Inslee, Mr. Israel, Ms. Eddie Bernice Johnson of Texas, Mr. Johnson of Georgia, Mr. Kennedy, Mr. Kucinich, Mr. Langevin, Mr. Larsen of Washington, Ms. Lee of California, Mr. Lewis of Georgia, Mr. Loebsack, Ms. Zoe Lofgren of California, Mrs. Lowey, Mr. Lynch, Mrs. Maloney, Mr. Markey of Massachusetts, Ms. Matsui, Mrs. McCarthy of New York, Ms. McCollum, Mr. McDermott, Mr. McGovern, Mr. Meek of Florida, Mr. Meeks of New York, Mr. Michaud, Mr. George Miller of California, Ms. Moore of Wisconsin, Mr. Moran of Virginia, Mr. Murphy of Connecticut, Mr. Patrick J. Murphy of Pennsylvania, Mr. Nadler of New York, Mrs. Napolitano, Ms. Norton, Mr. Oberstar, Mr. Olver, Mr. Pallone, Mr. Pascrell, Mr. Pastor of Arizona, Mr. Payne, Ms. Pingree of Maine, Mr. Polis of Colorado, Mr. Price of North Carolina, Ms. Ros-Lehtinen, Mr. Rothman of New Jersey, Ms. Roybal-Allard, Mr. Rush, Ms. Linda T. Sánchez of California, Ms. Loretta Sanchez of California, Mr. Sarbanes, Ms. Schakowsky, Mr. Schiff, Ms. Schwartz, Mr. Serrano, Mr. Sestak, Ms. Shea-Porter, Mr. Sherman, Mr. Sires, Ms. Slaughter, Mr. Smith of Washington, Ms. Speier, Mr. Stark, Ms. Sutton, Mr. Thompson of California, Mr. Tierney, Mr. Towns, Ms. Tsongas, Mr. Van Hollen, Ms. Velázquez, Ms. Wasserman Schultz, Ms. Watson, Mr. Waxman, Mr. Weiner, Mr. Welch, Mr. Wexler, Ms. Woolsey, and Mr. Wu) introduced the following bill; which was 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.

Short title

This Act may be cited as the Military Readiness Enhancement Act of 2009.

2.

Purpose

The purpose of this Act is to institute in the Armed Forces a policy of nondiscrimination based on sexual orientation.

3.

Repeal of 1993 policy concerning homosexuality in the Armed Forces

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).

4.

Establishment of policy of nondiscrimination based on sexual orientation in the Armed Forces

(a)

Establishment of policy

(1)

Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section:

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 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 both places it appears.

(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,.

5.

Benefits

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).

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.

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 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).