[Sec. 654. Repealed. Pub. L. 111-321, Sec. 2(f)(1)(A), Dec. 22,
2010, 124 Stat. 3516].
Section, added Pub. L. 103-160, div. A, title V, Sec. 571(a)(1),
Nov. 30, 1993, 107 Stat. 1670, related to policy concerning
homosexuality in the armed forces.
EFFECTIVE DATE OF REPEAL
Repeal effective on the date established by section 2(b) of Pub.
L. 111-321, set out below.
DON'T ASK, DON'T TELL REPEAL
Pub. L. 111-321, Dec. 22, 2010, 124 Stat. 3515, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Don't Ask, Don't Tell Repeal Act
"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
"(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 [10 U.S.C. 801 et seq.].
"(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
"(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
"(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 [Pub. L. 103-160]
(10 U.S.C. 654 note) is amended by striking subsections (b), (c),
[The report referred to in section 2(b)(1) of Pub. L. 111-321,
set out above, was released Nov. 30, 2010. The certification
referred to in section 2(b)(2) of Pub. L. 111-321 was transmitted
July 22, 2011.]
IMPLEMENTATION OF SECTION; REGULATIONS; SAVINGS PROVISION; SENSE OF
Pub. L. 103-160, div. A, title V, Sec. 571(b)-(d), Nov. 30, 1993,
107 Stat. 1671, 1672, which required the Secretary of Defense to
issue regulations to implement this section, provided a savings
provision for actions and proceedings commenced prior to the
effective date of such regulations, and provided the sense of
Congress regarding the policy set forth in this section, was
repealed by Pub. L. 111-321, Sec. 2(f)(2), Dec. 22, 2010, 124 Stat.
3516, effective on the date established by section 2(b) of Pub. L.
111-321, set out above.