SENATE " ! 111TH CONGRESS 2d Session

REPORT 111–201

Calendar No. 414

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

R E P O R T

[TO ACCOMPANY S. 3454]

ON

AUTHORIZING APPROPRIATIONS FOR FISCAL YEAR 2011 FOR MILI-TARY ACTIVITIES OF THE DEPARTMENT OF DEFENSE AND FOR MILITARY CONSTRUCTION, TO PRESCRIBE MILITARY PER-SONNEL STRENGTHS FOR SUCH FISCAL YEAR, AND FOR OTHER PURPOSES

TOGETHER WITH

ADDITIONAL VIEWS

COMMITTEE ON ARMED SERVICES UNITED STATES SENATE

JUNE 4, 2010.—Ordered to be printed Filed, under authority of the order of the Senate of May 28 (legislative

day, May 26), 2010

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Items of Special Interest

Access to appropriate facilities, services, and support for military families with dependent children with special needs

The committee seeks information to determine if the complex needs of military dependent children with special needs are being met by Department of Defense (DOD) child care and educational programs in accordance with the following applicable federal laws: the Americans with Disabilities Act (Public Law 101–336), the Re-habilitation Act of l973 (Public Law 93–112), and the Individuals with Disabilities Education Act (Public Law 94–142). Therefore, the committee directs the Secretary of Defense to submit a report not later than February 1, 2011, on the following:

(1) the current program for inspection of DOD child develop-ment centers, DOD funded child care programs, and DOD schools to ensure compliance with applicable law prohibiting discrimination on the basis of disability and access to and re-ceipt of a free and appropriate public education through special education and related services;

(2) whether or not any non-DOD entity is involved in such inspections, and if not, the feasibility of including non-DOD or-ganizations in such inspections;

(3) the results of the inspections conducted during calendar years 2008, 2009, and 2010;

(4) a summary of the challenges faced by military families with dependent children with special needs in obtaining need-ed child care or special education and related services;

(5) resources available to military families with dependent children with special needs who require child care or special education and related services provided by DOD;

(6) services available to military dependent children with special needs who attend DOD child care or educational facili-ties, by location;

(7) outreach programs to inform military families with de-pendent children with special needs of their rights in the event that child care or special education and related services are de-nied by a particular DOD or non-DOD facility;

(8) description of litigation or outstanding cases involving de-nial of child care or special education and related services in-volving a military dependent child with special needs;

(9) current DOD policy regarding administration of medica-tions in DOD child development centers and schools;

(10) a description of the challenges faced by the Department in meeting child care and educational needs of military de-pendent children with special needs, especially those with au-tism, epilepsy, complex medical needs, or a low incidence dis-ability; and

(11) a plan to enhance inspection of DOD child care and spe-cial education and related services in accordance with applica-ble federal law.

The committee directs DOD to consult with the Department of Education, the Department of Health and Human Services, and military family representatives in preparing the report and plan.

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The committee further directs the United States Government Ac-countability Office to review DOD’s report and plan, and to submit a report to the committee not later than May 1, 2012, on that re-view and the availability of services for military dependent children with special needs, including the DOD inspection process as it per-tains to children with special needs and challenges faced by these children’s families.

Access to the operational reserve Effective access to the reserve component as an operational force

is essential to reducing the burden on all forces and making progress on the roadmap to the best use of the reserve components to achieve national security objectives provided by the findings and recommendations of the Commission on the National Guard and Reserves.

The committee believes that the existing authorities for involun-tary mobilization of the reserve components under section 12302 and 12304 of title 10, United States Code, may not offer the nec-essary flexibility to service planners to facilitate the effective use of the operational reserve. In order to provide trained and ready re-serve units and personnel to respond rapidly to contingencies, par-ticipate in essential rotational missions, and comply with applica-ble dwell time goals, additional legal authority to order members of the reserve component into federal military service may be re-quired.

In recent testimony before the Subcommittee on Personnel of the Senate Committee on Armed Services, the Assistant Secretary of Defense for Reserve Affairs stated that ‘‘the process by which roles and missions are assigned to the Reserve and Guard should be characterized by a belief that these forces can, and frequently should be, the first choice for recurring and predictable missions within their capabilities, because they are fully accessible. In this context, predictability encourages anticipatory planning—thinking ahead, not just in terms of the type of mission, but the timing and duration of the mission as well. Predictable missions create lead time for proper planning and training. That kind of anticipatory thinking can’t be done when the Reserve components are used as the ‘last option’.’’

Additionally, the Commission on the National Guard and Re-serves found that ‘‘individual volunteerism, while admirable, is not a sustainable means to provide access to the reserve component units that the services require.’’ The committee concurs and rec-ommends that the Secretary of Defense review current mobilization authorities and submit legislative proposals for any additional au-thority needed to facilitate the involuntary activation of specified numbers of Selected Reserve personnel or units for limited periods of time to support operational requirements.

Comptroller General review of educational fellowships and training-with-industry programs

The committee directs the Comptroller General of the United States to review legislative and educational fellowships and train-ing-with-industry programs of the Department of Defense and the military services to assess the costs to the Government, including

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