Vote Smart's Synopsis:

Vote to adopt an amendment to HR 5136 that repeals, after military review and certification, the Department of Defense's policy of prohibiting individuals from serving in the armed forces if they engage in homosexual activity or have acknowledged that they are homosexual or bisexual ("Don't Ask, Don't Tell").

Highlights:

• Repeals, after military review and certification, a provision of existing law that requires individual be removed from the armed forces if one or more of the following findings is made (Sec. 5):
• That the member has engaged in (or attempted to engage in) a homosexual act, unless further findings show that the member has demonstrated that:
• Such conduct is a departure from his/her usual behavior;
• Such conduct is unlikely to recur;
• Such conduct was not accomplished by coercive means or intimidation;
• The member's continued presence is in the interests of the armed forces in "proper discipline, good order, and morale;" and
• The member does not have "a propensity or intent" to engage in homosexual acts;
• That the member has stated that he or she is homosexual or bisexual, unless a further finding shows that the member has demonstrated that he or she does not engage in, attempt to engage in, intend to engage in, or have a "propensity" to engage in homosexual acts; or
• That the member has married or attempted to marry a person known to be of the same biological sex.

• Prohibits the repeal from taking place until 60 days after the military certification is complete, and specifies that the certification shall be considered complete when the last of the following events occurs (Sec. 5):
• The Secretary of Defense has received the report detailing the findings of the military review; and
• Written certification is provided to Congress by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff that all of the following are true:
• The President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations in the report;
• The Department of Defense has prepared necessary policies and regulations to exercise the discretion provided by the repeal; and
• The implementation of policies and regulations associated with the repeal is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.

Full Bill Text

Full Bill Text