    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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 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 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) <>  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 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.