Voting Record on Legislation Involving Civil Liberties and Civil Rights
(2010) HR 2965 Don't Ask, Don't Tell Repeal Act
Outcome: Concurrence Vote Passed (250/175)
Summary: -Repeals the policy concerning homosexuality in the armed forces, commonly known as "Don't Ask, Don't Tell", which includes, but is not limited to, the following requirements (Sec. 2):
-That a member of the armed forces who has engaged in a homosexual act be terminated from the armed forces;
-That a member of the armed forces who has stated that he or she is a homosexual or a bisexual be terminated from the armed forces; and
-That a member of the armed forces who has married or attempted to marry a person of the same biological sex be terminated from the armed forces.
-Specifies that the Secretary of Defense has requested a comprehensive review assessing the potential impact of the repeal of "Don't Ask, Don't Tell" (Sec. 2).
-Specifies that the repeal will become effective 60 days after the date on which the last of the following occurs (Sec. 2):
-Receipt by the Secretary of Defense of the results of the comprehensive review; and
-Transmittal of a written certification, signed by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, to the congressional defense committees stating that the recommendations posed by the review have been considered and that implementation of the repeal will be consistent with standards of military readiness.
-Specifies that existing policy will remain in effect until the aforementioned requirements are met (Sec. 2).
-Specifies that the repeal of this policy does not invalidate any portion of the Defense of Marriage Act, which states that marriage is between one man and one woman and that a spouse is someone of the opposite sex (Sec. 2).
-Specifies that nothing in the legislation should be construed to create grounds for a private lawsuit (Sec. 2).
Summary: -Repeals, after military review and certification, a provision of existing law (commonly referred to as "Don't Ask, Don't Tell") 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 aforementioned 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.
-Prohibits funds authorized by this Act from being used to transfer, release, or assist in the transfer or release to or within the United States of Khalid Sheikh Mohammed or any other detainee who is characterized by the following (Sec. 1032):
-He or she is not a United States citizen or a member of the Armed Forces of the United States; and
-He or she is or was held on or after January 20, 2009, at the U.S. Naval Station in Guantanamo Bay, Cuba, by the Department of Defense.
-Prohibits funds authorized by this Act from being used to transfer any individual detained at the U.S. Naval Station in Guantanamo Bay, Cuba to the custody or effective control of the individual's country of origin or other foreign country, unless the Secretary of Defense submits to Congress certification of the following (Sec. 1033):
-The country is not designated as a state sponsor of terrorism or designated foreign terrorist organization;
-The country maintains control over each detention facility in which the individual is to be detained;
-The country is not, as of the date of certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual;
-The country has agreed to take effective steps to ensure that the individual cannot take action to threaten the U.S., its citizens, or its allies in the future;
-The country has take such steps as the Secretary determines are necessary to ensure that the individual cannot engage or reengage in any terrorist activity; and
-The country has agreed to share any information with the U.S. that is related to the individual or any associates of the individual and could affect the security of the U.S., its citizens, or its allies.
-Expands dependent coverage under TRICARE to include individual's under 26 years of age and is not eligible for a qualified employer-sponsored plan (Sec. 702).
-Increases the rates of monthly basic pay for members of the uniformed services by 1.9 percent, effective January 1, 2011 (Sec. 601).
-Requires the Secretary of Defense to designate the F135 and F136 engine development and procurement programs as major subprograms of the F-35 Lightning II aircraft major defense acquisition program (Sec. 802).
-Authorizes the appropriation of $32.42 billion for the Defense Health Program for fiscal year 2010-2011 (Sec. 1516).
-Authorizes the appropriation of $3.42 billion for Mine Resistant Ambush Protected (MRAP) Vehicles for fiscal year 2010-2011 (Sec. 1509).
-Authorizes the appropriation of $3.46 billion for the Joint Improvised Explosive Device Defeat Fund for fiscal year 2010-2011 (Sec. 1503).
-Authorizes the appropriation of $71.2 million for the operation of the Armed Forces Retirement Home (Sec. 1421).
