23 December 2010

DADT is NOT repealed

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READ it. Obama has declared his glee over signing something that may someday, but certainly not immediately, take effect. It's really just a document that allows the impression that the president has fulfilled ONE of his campaign promises.
H.R.2965

One Hundred Eleventh Congress
of the
United States of America

AT THE SECOND SESSION


Begun and held at the City of Washington on Tuesday,

the fifth day of January, two thousand and ten

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.

(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 Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note) is amended by striking subsections (b), (c), and (d).

Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Fine to call it the DADT Repeal Act, but that ain't precisely what it is... not for years, if ever, and that's assuming everything is done to comply with the conditions for enactment. The highlighted text above means, unequivocally, that this document is NOT a repeal of anything.

What the hell is going on here?

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I think this also means that Rachel Maddow is a fascist stooge who can't READ because I just heard clips of her gushing about this repeal that's not a repeal.

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Yeah, "months". Yeah, that's the ticket:
WASHINGTONDefense Secretary Robert Gates is warning troops that the law allowing gays to serve openly in the military is not officially in effect yet.

Though President Barack Obama has signed the law repealing the "don't ask, dont' tell" policy, the change is not expected to be in place for a number of months. The Pentagon issued a memo that Gates sent Wednesday night to armed forces branch heads and other officials explaining the timing and stressing that troops can still run afoul of the old law.

Aubrey Sarvis of the Servicemembers Legal Defense Network says the advocacy group has received dozens of phone calls from troops confused about the timing and wanting to make sure when they may legally begin talking about the fact that they're gay.
Bloody hell. Not nearly normal yet after all, but you could look at it THIS way....

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love, 99
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4 comments:

  1. What the hell is going on here?

    A purely rhetorical question I presume!

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    ReplyDelete
  2. Well, yes, but, really, I'd like someone to explain it to me in terms I can boil down to an effective sound bite. I become overcome with oceans of words trying to gush out of me and people just DON'T understand it when I do that.

    ReplyDelete
  3. I'm not sure that is possible...

    ReplyDelete
  4. I suppose not.... Aaaaaaagggghhhhh.

    ReplyDelete

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