Don't Ask, Don't Tell Repeal Act of 2010 - Provides for repeal of the current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces, to be effective 60 days after the Secretary of Defense has received DOD's comprehensive review on the implementation of such repeal, and the President, Secretary, and Chairman of the Joint Chiefs of Staff (JCS) certify to the congressional defense committees that they have considered the report and proposed plan of action, that DOD has prepared the necessary policies and regulations to exercise the discretion provided by such repeal, and that implementation of such policies and regulations is consistent with the standards of military readiness and effectiveness, unit cohesion, and military recruiting and retention. Provides that, until such time as the above conditions are met, the current policy shall remain in effect.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6520 Introduced in House (IH)]
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''.
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.
(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
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654
note) is amended by striking subsections (b), (c), and (d).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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