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. 
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(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 
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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.