[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4022 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4022

     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 SENATE OF THE UNITED STATES

                            December 9, 2010

  Mr. Lieberman (for himself, Ms. Collins, Mr. Udall of Colorado, and 
 Mrs. Gillibrand) introduced the following bill; which was read twice 
            and 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).
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