Don't Ask, Don't Tell Repeal Act of 2010
PL 111-321 (H.R.2965), enacted 12/22/2010

124 STAT. 3515 
PUBLIC LAW 111–321—DEC. 22, 2010 
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 HOMOSEX-
UALITY 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 Ref-
erence accompanying the Secretary’s memorandum established 
the following objectives and scope of the ordered review: 
(A) Determine any impacts to military readiness, mili-
tary 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 intro-
duced 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. 
Don’t Ask, Don’t 
Tell Repeal Act of 
2010. 
10 USC 654 note. 
Dec. 22, 2010 
[H.R. 2965] 
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124 STAT. 3516 
PUBLIC LAW 111–321—DEC. 22, 2010 
(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 sub-
section (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 
President. 
Certification. 
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124 STAT. 3517 
PUBLIC LAW 111–321—DEC. 22, 2010 
LEGISLATIVE HISTORY—H.R. 2965 (S. 1233): 
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. 
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. 
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