[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 2965 Enrolled Bill (ENR)]

        H.R.2965

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
   To amend the Small Business Act with respect to the Small Business 
 Innovation Research Program and the Small Business Technology Transfer 
                    Program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Don't Ask, Don't Tell Repeal Act of 
2010''.
SEC. 2. DEPARTMENT OF DEFENSE POLICY CONCERNING HOMOSEXUALITY IN THE 
ARMED FORCES.
    (a) Comprehensive Review on the Implementation of a Repeal of 10 
U.S.C. 654.--
        (1) In general.--On March 2, 2010, the Secretary of Defense 
    issued a memorandum directing the Comprehensive Review on the 
    Implementation of a Repeal of 10 U.S.C. 654 (section 654 of title 
    10, United States Code).
        (2) Objectives and scope of review.--The Terms of Reference 
    accompanying the Secretary's memorandum established the following 
    objectives and scope of the ordered review:
            (A) Determine any impacts to military readiness, military 
        effectiveness and unit cohesion, recruiting/retention, and 
        family readiness that may result from repeal of the law and 
        recommend any actions that should be taken in light of such 
        impacts.
            (B) Determine leadership, guidance, and training on 
        standards of conduct and new policies.
            (C) Determine appropriate changes to existing policies and 
        regulations, including but not limited to issues regarding 
        personnel management, leadership and training, facilities, 
        investigations, and benefits.
            (D) Recommend appropriate changes (if any) to the Uniform 
        Code of Military Justice.
            (E) Monitor and evaluate existing legislative proposals to 
        repeal 10 U.S.C. 654 and proposals that may be introduced in 
        the Congress during the period of the review.
            (F) Assure appropriate ways to monitor the workforce 
        climate and military effectiveness that support successful 
        follow-through on implementation.
            (G) Evaluate the issues raised in ongoing litigation 
        involving 10 U.S.C. 654.
    (b) Effective Date.--The amendments made by subsection (f) shall 
take effect 60 days after the date on which the last of the following 
occurs:
        (1) The Secretary of Defense has received the report required 
    by the memorandum of the Secretary referred to in subsection (a).
        (2) The President transmits to the congressional defense 
    committees a written certification, signed by the President, the 
    Secretary of Defense, and the Chairman of the Joint Chiefs of 
    Staff, stating each of the following:
            (A) That the President, the Secretary of Defense, and the 
        Chairman of the Joint Chiefs of Staff have considered the 
        recommendations contained in the report and the report's 
        proposed plan of action.
            (B) That the Department of Defense has prepared the 
        necessary policies and regulations to exercise the discretion 
        provided by the amendments made by subsection (f).
            (C) That the implementation of necessary policies and 
        regulations pursuant to the discretion provided by the 
        amendments made by subsection (f) is consistent with the 
        standards of military readiness, military effectiveness, unit 
        cohesion, and recruiting and retention of the Armed Forces.
    (c) No Immediate Effect on Current Policy.--Section 654 of title 
10, United States Code, shall remain in effect until such time that all 
of the requirements and certifications required by subsection (b) are 
met. If these requirements and certifications are not met, section 654 
of title 10, United States Code, shall remain in effect.
    (d) Benefits.--Nothing in this section, or the amendments made by 
this section, shall be construed to require the furnishing of 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'').
    (e) No Private Cause of Action.--Nothing in this section, or the 
amendments made by this section, shall be construed to create a private 
cause of action.
    (f) Treatment of 1993 Policy.--
        (1) Title 10.--Upon the effective date established by 
    subsection (b), chapter 37 of title 10, United States Code, is 
    amended--
            (A) by striking section 654; and
            (B) in the table of sections at the beginning of such 
        chapter, by striking the item relating to section 654.
        (2) Conforming amendment.--Upon the effective date established 
    by subsection (b), section 571 of the National Defense 
    Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note) is 
    amended by striking subsections (b), (c), and (d).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.