[House Report 111-681]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-681

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 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
    2965) 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

                                _______
                                

 December 15, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Ms. Pingree, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                      [To accompany H. Res. 1764]

    The Committee on Rules, having had under consideration 
House Resolution 1764, by a record vote of 6 to 2, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of the Senate 
amendment to H.R. 2965, the SBIR/STTR Reauthorization Act of 
2009 (Don't Ask, Don't Tell Repeal Act of 2010). The resolution 
makes in order a motion offered by the Majority Leader or his 
designee that the House concur in the Senate amendment to H.R. 
2965 with the amendment printed in this report. The resolution 
provides one hour of debate on the motion equally divided and 
controlled by the Majority Leader and Minority Leader or their 
respective designees. The resolution waives all points of order 
against consideration of the motion except those arising under 
clause 10 of rule XXI. The resolution provides that the Senate 
amendment and the motion shall be considered as read.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion (except those arising under clause 10 of rule XXI) 
includes a waiver of clause 7 of rule XVI, which prohibits 
nongermane amendments.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 513

    Date: December 15, 2010.
    Measure: Senate amendment to H.R. 2965.
    Motion by: Mr. Dreier.
    Summary of motion: To report an open rule.
    Results: Defeated 2-6.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay; 
Dreier--Yea; Sessions--Yea.

Rules Committee record vote No. 514

    Date: December 15, 2010.
    Measure: Senate amendment to H.R. 2965.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and waive all points of 
order for a substitute amendment offered by Ranking Member 
McKeon or his designee.
    Results: Defeated 2-6.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay; 
Dreier--Yea; Sessions--Yea.

Rules Committee Record Vote No. 515

    Date: December 15, 2010.
    Measure: Senate amendment to H.R. 2965.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To report the rule.
    Results: Adopted 6-2.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Perlmutter--Yea; Pingree--Yea; Polis--Yea; 
Dreier--Nay; Sessions--Nay.

                       SUMMARY OF HOUSE AMENDMENT

    The amendment enables repeal of the military's ``Don't Ask, 
Don't Tell'' policy. It sets out several requirements before 
repeal can take place. These include: (1) receipt of the 
recommendations of the Pentagon's Comprehensive Review Working 
Group on how to implement a repeal of DADT (which Congress 
received on November 30) and (2) a certification by the 
Secretary of Defense, Chairman of the Joint Chiefs and 
President that repeal is first, consistent with military 
readiness, military effectiveness, unit cohesion and 
recruiting, and second, that the DoD has prepared the necessary 
policies and regulations to implement its repeal. It would also 
include a 60-day period after certification before the repeal 
took effect.

                        TEXT OF HOUSE AMENDMENT

    In lieu of the matter proposed to be inserted by the 
amendment of the Senate, insert the following:

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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