[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]


Public Law 111-321
111th Congress

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.

[[Page 3516]]

(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

[[Page 3517]]

Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654
note) is amended by striking subsections (b), (c), and (d).

Approved December 22, 2010.

LEGISLATIVE HISTORY--H.R. 2965 (S. 1233):
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HOUSE REPORTS: No. 111-190, Pt. 1 (Comm. on Small Business) and Pt. 2
(Comm. on Science and Technology).
SENATE REPORTS: No. 111-37 (Comm. on Small Business and
Entrepreneurship) accompanying S. 1233.
CONGRESSIONAL RECORD:
Vol. 155 (2009):
July 8, considered and passed House.
July 13, considered and passed
Senate, amended, in lieu of
S. 1233.
Vol. 156 (2010):
Dec. 15, House concurred in Senate
amendment with an amendment.
Dec. 16, 18, Senate considered and
concurred in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
Dec. 18, Presidential statement.