In the House of Representatives, U. S., 

December 15, 2010. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 2965) entitled ‘‘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.’’, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate, insert the following: 

1 SECTION 1. SHORT TITLE. 

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

3 Repeal Act of 2010’’. 

4 SEC. 2. DEPARTMENT OF DEFENSE POLICY CONCERNING 

5 HOMOSEXUALITY IN THE ARMED FORCES. 

6 (a) COMPREHENSIVE REVIEW ON THE IMPLEMENTA7 TION OF A REPEAL OF 10 U.S.C. 654.— 

8 (1) IN GENERAL.—On March 2, 2010, the Sec9 retary of Defense issued a memorandum directing the 

10 Comprehensive Review on the Implementation of a 

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

12 United States Code). 
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1 (2) OBJECTIVES AND SCOPE OF REVIEW.—The 

2 Terms of Reference accompanying the Secretary’s 

3 memorandum established the following objectives and 

4 scope of the ordered review: 

5 (A) Determine any impacts to military 

6 readiness, military effectiveness and unit cohe7 sion, recruiting/retention, and family readiness 

8 that may result from repeal of the law and rec9 ommend any actions that should be taken in 

10 light of such impacts. 

11 (B) Determine leadership, guidance, and 

12 training on standards of conduct and new poli13 cies. 

14 (C) Determine appropriate changes to exist15 ing policies and regulations, including but not 

16 limited to issues regarding personnel manage17 ment, leadership and training, facilities, inves18 tigations, and benefits. 

19 (D) Recommend appropriate changes (if 

20 any) to the Uniform Code of Military Justice. 

21 (E) Monitor and evaluate existing legisla22 tive proposals to repeal 10 U.S.C. 654 and pro23 posals that may be introduced in the Congress 

24 during the period of the review. 
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1 (F) Assure appropriate ways to monitor the 

2 workforce climate and military effectiveness that 

3 support successful follow-through on implementa4 tion. 

5 (G) Evaluate the issues raised in ongoing 

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

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (f) shall take effect 60 days after the date on which 

9 the last of the following occurs: 

10 (1) The Secretary of Defense has received the re11 port required by the memorandum of the Secretary 

12 referred to in subsection (a). 

13 (2) The President transmits to the congressional 

14 defense committees a written certification, signed by 

15 the President, the Secretary of Defense, and the 

16 Chairman of the Joint Chiefs of Staff, stating each of 

17 the following: 

18 (A) That the President, the Secretary of De19 fense, and the Chairman of the Joint Chiefs of 

20 Staff have considered the recommendations con21 tained in the report and the report’s proposed 

22 plan of action. 

23 (B) That the Department of Defense has 

24 prepared the necessary policies and regulations 
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1 to exercise the discretion provided by the amend2 ments made by subsection (f). 

3 (C) That the implementation of necessary 

4 policies and regulations pursuant to the discre5 tion provided by the amendments made by sub6 section (f) is consistent with the standards of 

7 military readiness, military effectiveness, unit 

8 cohesion, and recruiting and retention of the 

9 Armed Forces. 

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

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

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

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

14 requirements and certifications are not met, section 654 of 

15 title 10, United States Code, shall remain in effect. 

16 (d) BENEFITS.—Nothing in this section, or the amend17 ments made by this section, shall be construed to require 

18 the furnishing of benefits in violation of section 7 of title 

19 1, United States Code (relating to the definitions of ‘‘mar20 riage’’ and ‘‘spouse’’ and referred to as the ‘‘Defense of Mar21 riage Act’’). 

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

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

24 construed to create a private cause of action. 

25 (f) TREATMENT OF 1993 POLICY.— 
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1 (1) TITLE 10.—Upon the effective date estab2 lished by subsection (b), chapter 37 of title 10, United 

3 States Code, is amended— 

4 (A) by striking section 654; and 

5 (B) in the table of sections at the beginning 

6 of such chapter, by striking the item relating to 

7 section 654. 

8 (2) CONFORMING AMENDMENT.—Upon the effec9 tive date established by subsection (b), section 571 of 

10 the National Defense Authorization Act for Fiscal 

11 Year 1994 (10 U.S.C. 654 note) is amended by strik12 ing subsections (b), (c), and (d). 

Attest: 

Clerk. 
H.R. 2965 

HOUSE AMENDMENT TO 

SENATE AMENDMENT