Don’t ask, don’t tell? Then don’t pay for it, says U.S. Senator Kirsten Gillibrand (D-New York). U.S. Senator Gillibrand said the quickest way to stop the policy is to cut off funding for its implementation and enforcement. U.S. President Obama could issue an executive order to accomplish the same task, but has yet to do so.

Top defense officials will tell the U.S. Senate on Tuesday that the military will no longer aggressively pursue disciplinary action against gay service members whose orientation is revealed against their will by third parties, sources told the Washington Post. Figures released Monday show that 428 people were discharged from the Army, Navy, Air Force and Marines last year for violating the “don’t ask, don’t tell” policy, according to the Servicemembers Legal Defense Network. The total is about one-third lower than in 2008, when 619 people were discharged.

The head of the Joint Chiefs of Staff is getting conflicting advice about lifting the 1993 ban on gays in the military. In a memo obtained by The Associated Press, the in-house legal counsel for Admiral Mike Mullen wrote that “now is not the time” to lift the ban. The memo noted the stress on the military during wartime.