text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Military Readiness Enhancement Act 
  of 2010''.
  
  SEC. 2. PURPOSE.
  
      The purpose of this Act is to institute in the Armed Forces a 
  policy of nondiscrimination based on sexual orientation.
  
  SEC. 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      The following provisions of law are repealed: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).
  
  SEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINATION BASED ON SEXUAL 
                ORIENTATION IN THE ARMED FORCES.
  
      (a) Establishment of Policy.--
              (1) In general.--Chapter 37 of title 10, United States 
          Code, is amended by adding at the end the following new 
          section:
  ``Sec. 656. Policy of nondiscrimination based on sexual orientation in 
                the armed forces
      ``(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 on the basis of sexual 
  orientation 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 that is not otherwise illegal manifesting 
  heterosexuality, homosexuality, or bisexuality.''.
              (2) Clerical amendments.--The table of sections at the 
          beginning of chapter 37 of such title 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,''.
  
  SEC. 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'').
  
  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. REVIEW AND IMPLEMENTATION.
  
      (a) Pentagon Working Group.--
              (1) Establishment.--The Secretary of Defense shall 
          establish in the Department of Defense a working group (to be 
          known as the ``Pentagon Working Group'') to make 
          recommendations to the Secretary regarding the implementation 
          of this Act and the amendments made by this Act.
              (2) Treatment of existing working group.--If there exists 
          in the Department as of the date of the enactment of this Act a 
          working group on recommendations regarding the repeal of 
          section 654 of title 10, United States Code, the Secretary may 
          treat the working group as the working group required by 
          paragraph (1) for purposes of this section.
      (b) Working Group Recommendations.--
              (1) Submittal to secretary of defense.--Not later than 270 
          days after the date of the enactment of this Act, the working 
          group under subsection (a) shall submit to the Secretary of 
          Defense a written report setting forth such recommendations as 
          the working group considers appropriate for a revision of 
          Department of Defense regulations, or the issuance of new 
          regulations, to implement this Act and the amendments made by 
          this Act.
              (2) Submittal to congress.--The report under paragraph (1) 
          shall also be submitted to the Committees on Armed Services of 
          the Senate and the House of Representatives.
      (c) Regulations.--
              (1) Revisions required.--Not later than 60 days after 
          receipt of the report required by subsection (b)(1), the 
          Secretary of Defense shall revise Department of Defense 
          regulations, and shall issue such new regulations as may be 
          necessary, to implement this Act and the amendments made by 
          this Act. The Secretary of Defense shall further direct the 
          Secretary of each military department to revise regulations of 
          that military department in accordance with this Act, not later 
          than 120 days after the Secretary of Defense receives the 
          report required by subsection (b)(1).
              (2) Elements.--The revisions required by paragraph (1) 
          shall include the following:
                      (A) 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.
                      (B) Revision of Department of Defense and military 
                  department personnel regulations to eliminate 
                  procedures for involuntary discharges based on sexual 
                  orientation.
                      (C) 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.
                      (D) Revision of any Department of Defense and 
                  military department regulations as necessary to ensure 
                  that regulations governing the personal conduct of 
                  members of the Armed Forces are written and enforced 
                  without regard to sexual orientation.
      (d) Sexual Orientation Defined.--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).
  
  SEC. 8. REPORT.
  
      Not later than 180 days after the date of the enactment of this 
  Act, the Secretary of Defense shall submit to the Committees on Armed 
  Services of the Senate and the House of Representatives a report 
  setting forth an assessment of the compliance of institutions of higher 
  education with section 983 of title 10, United States Code (as amended 
  by section 4(b)), and describing the actions, if any, taken by the 
  Secretary to effect the denial of funds authorized in that section to 
  an institution of higher education that continues to prohibit, or in 
  effect prevent, the Secretary or a military department from 
  maintaining, establishing, or operating a unit of the Senior Reserve 
  Officers' Training Corps at that institution (or any subelement of that 
  institution).
target: Military Readiness Enhancement Act of 2010 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces.
  
  Prohibits the Secretary of Defense (Secretary), and the Secretary of Homeland Security (DHS) with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated on the basis of sexual orientation.
  
  Directs the Secretary to establish in DOD the Pentagon Working Group to report recommendations regarding the implementation of this Act. Requires such report to be submitted to the congressional defense committees.
  
  Requires the Secretary to: (1) revise DOD regulations and issue new regulations as necessary to implement this Act; and (2) direct each military department Secretary to do the same.
  
  Directs the Secretary to report on the compliance of institutions of higher education with federal law concerning the denial of access by such institutions to Reserve Officer Training Corps (ROTC) military recruiting on campus, as well as a description of actions taken to effect the denial of certain federal funding to institutions that continue to prevent ROTC access.
feat_title: 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.