I 

111TH CONGRESS 

2D SESSION H. R. 6520 

To provide for the repeal of the Department of Defense policy concerning 

homosexuality in the Armed Forces known as ‘‘Don’t Ask, Don’t Tell’’. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2010 

Mr. PATRICK J. MURPHY of Pennsylvania (for himself and Mr. HOYER) introduced the following bill; which was referred to the Committee on Armed 

Services 

A BILL 

To provide for the repeal of the Department of Defense 

policy concerning homosexuality in the Armed Forces 

known as ‘‘Don’t Ask, Don’t Tell’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Don’t Ask, Don’t Tell 

5 Repeal Act of 2010’’. 

6 SEC. 2. DEPARTMENT OF DEFENSE POLICY CONCERNING 

7 HOMOSEXUALITY IN THE ARMED FORCES. 

8 (a) COMPREHENSIVE REVIEW ON THE IMPLEMENTA9 TION OF A REPEAL OF 10 U.S.C. 654.— 


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1 (1) IN GENERAL.—On March 2, 2010, the Sec2 retary of Defense issued a memorandum directing 

3 the Comprehensive Review on the Implementation of 

4 a Repeal of 10 U.S.C. 654 (section 654 of title 10, 

5 United States Code). 

6 (2) OBJECTIVES AND SCOPE OF REVIEW.—The 

7 Terms of Reference accompanying the Secretary’s 

8 memorandum established the following objectives 

9 and scope of the ordered review: 

10 (A) Determine any impacts to military 

11 readiness, military effectiveness and unit cohe12 sion, recruiting/retention, and family readiness 

13 that may result from repeal of the law and rec14 ommend any actions that should be taken in 

15 light of such impacts. 

16 (B) Determine leadership, guidance, and 

17 training on standards of conduct and new poli18 cies. 

19 (C) Determine appropriate changes to ex20 isting policies and regulations, including but not 

21 limited to issues regarding personnel manage22 ment, leadership and training, facilities, inves23 tigations, and benefits. 

24 (D) Recommend appropriate changes (if 

25 any) to the Uniform Code of Military Justice. 


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1 (E) Monitor and evaluate existing legisla2 tive proposals to repeal 10 U.S.C. 654 and pro3 posals that may be introduced in the Congress 

4 during the period of the review. 

5 (F) Assure appropriate ways to monitor 

6 the workforce climate and military effectiveness 

7 that support successful follow-through on imple8 mentation. 

9 (G) Evaluate the issues raised in ongoing 

10 litigation involving 10 U.S.C. 654. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (f) shall take effect 60 days after the date on 

13 which the last of the following occurs: 

14 (1) The Secretary of Defense has received the 

15 report required by the memorandum of the Sec16 retary referred to in subsection (a). 

17 (2) The President transmits to the congres18 sional defense committees a written certification, 

19 signed by the President, the Secretary of Defense, 

20 and the Chairman of the Joint Chiefs of Staff, stat21 ing each of the following: 

22 (A) That the President, the Secretary of 

23 Defense, and the Chairman of the Joint Chiefs 

24 of Staff have considered the recommendations 


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1 contained in the report and the report’s pro2 posed plan of action. 

3 (B) That the Department of Defense has 

4 prepared the necessary policies and regulations 

5 to exercise the discretion provided by the 

6 amendments made by subsection (f). 

7 (C) That the implementation of necessary 

8 policies and regulations pursuant to the discre9 tion provided by the amendments made by sub10 section (f) is consistent with the standards of 

11 military readiness, military effectiveness, unit 

12 cohesion, and recruiting and retention of the 

13 Armed Forces. 

14 (c) NO IMMEDIATE EFFECT ON CURRENT POLICY.— 

15 Section 654 of title 10, United States Code, shall remain 

16 in effect until such time that all of the requirements and 

17 certifications required by subsection (b) are met. If these 

18 requirements and certifications are not met, section 654 

19 of title 10, United States Code, shall remain in effect. 

20 (d) BENEFITS.—Nothing in this section, or the 

21 amendments made by this section, shall be construed to 

22 require the furnishing of benefits in violation of section 

23 7 of title 1, United States Code (relating to the definitions 

24 of ‘‘marriage’’ and ‘‘spouse’’ and referred to as the De25 fense of Marriage Act). 


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1 (e) NO PRIVATE CAUSE OF ACTION.—Nothing in this 

2 section, or the amendments made by this section, shall be 

3 construed to create a private cause of action. 

4 (f) TREATMENT OF 1993 POLICY.— 

5 (1) TITLE 10.—Upon the effective date estab6 lished by subsection (b), chapter 37 of title 10, 

7 United States Code, is amended— 

8 (A) by striking section 654; and 

9 (B) in the table of sections at the begin10 ning of such chapter, by striking the item relat11 ing to section 654. 

12 (2) CONFORMING AMENDMENT.—Upon the ef13 fective date established by subsection (b), section 

14 571 of the National Defense Authorization Act for 

15 Fiscal Year 1994 (10 U.S.C. 654 note) is amended 

16 by striking subsections (b), (c), and (d). 

Æ 


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