[111th Congress Public Law 321]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 3515]]

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. <<NOTE: Dec. 22, 2010 -  [H.R. 2965]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Don't Ask, Don't 
Tell Repeal Act of 2010. 10 USC 654 note.>> 
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.

[[Page 124 STAT. 3516]]

    (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) <<NOTE: President. Certification.>>  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

[[Page 124 STAT. 3517]]

        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.

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.

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