S 3454 - 2010-2011 Defense Authorizations - Key Vote
National Key Votes
Legislation - Introduced (Senate) - Sept. 21, 2010
Title: 2010-2011 Defense Authorizations
Legislation - Cloture Not Invoked (Senate) (56-43) - Sept. 21, 2010 (Key vote)
Title: 2010-2011 Defense Authorizations
Vote on a motion to invoke cloture on a bill that authorizes appropriations for fiscal year 2010-2011 for use by the Department of Defense and for other military purposes.
- Repeals, after military review and certification, a provision of existing law (commonly referred to as "Don't Ask, Don't Tell") that requires that an individual be removed from the armed forces if one or more of the following findings is made (Sec. 591):
- 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 "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. 591):
- 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.
- Requires the Secretary of Defense to deploy no less than 6,000 National Guard personnel to assist in "securing" the border, including performing the following actions (Sec. 1041):
- Construction of fencing;
- Increasing ground-based mobile surveillance systems;
- Deployment of additional unmanned aerial systems and manned aircraft to maintain continuous surveillance of the border;
- Provision of capability for radio communications interoperability between U.S. Customs and Border Protection and State, local, and tribal law enforcement agencies;
- Construction of checkpoints along the border; and
- Conduct of mobile patrols and provision of assistance to U.S. Customs and Border Protection.
- Prohibits the Department of Defense from using funds during the one-year period beginning with the enactment of this bill to transfer a detainee from the United States Naval Station in Guantanamo Bay, Cuba to any of the following countries (Sec. 1044):
- Saudi Arabia;
- Somalia; or
- Repeals a provision of existing law that prohibits medical treatment facilities or other facilities of the Department of Defense from being used to perform an abortion except in cases in which the mother's life is endangered or the pregnancy is the result of rape or incest (Sec. 713).
- Expands dependent coverage under TRICARE to include individuals under 26 years of age who are not eligible for a qualified employer-sponsored plan (Sec. 702).
- Authorizes the appropriation of $30.96 billion for the Defense Health Program for fiscal year 2010-2011 (Sec. 4401).
- Authorizes the appropriation of $3.42 billion for Mine Resistant Ambush Protected (MRAP) Vehicles for fiscal year 2010-2011 (Sec. 4102).
- Authorizes the appropriation of $3.47 billion for the Joint Improvised Explosive Device Defeat Fund for fiscal year 2010-2011 (Sec. 4102).
- Authorizes the appropriation of $71.2 million for the operation of the Armed Forces Retirement Home (Sec. 431).
- Extends the authority of the Commander's Emergency Response Program to last throughout fiscal year 2010-2011, and authorizes up to $900 million to be used for the program (Sec. 1211).
- Prohibits the obligation of more than $500 million for the Iraq Security Forces Fund until the Secretary of Defense certifies that the government of Iraq has demonstrated a commitment to the following (Sec. 1533):
- To "adequately" build the logistics and maintenance capacity of the Iraqi security forces;
- To develop the institutional capacity to manage such forces independently; and
- To develop a "culture of sustainment" for equipment provided or acquired with United States assistance.
- Allows the Secretary of Defense to carry out a program for research, development, and deployment of advanced technology ground vehicles, ground vehicle systems, and components within the Department of Defense (Sec. 214).
- Requires any contracts for additional commercial imaging satellite capability or capacity entered into by the Department of Defense beginning in 2011 to require that the imaging telescope has an aperture of no less than 1.5 meters (Sec. 142).
- Requires the President to establish the Commission on Military Environmental Exposures, to be made up of 9 members with backgrounds in environmental exposure analysis or environmental exposure assessments, health monitoring, environmental health, epidemiology, industrial hygiene, facility or installation management, biostatistics, public health, or "other relevant fields" to provide advice to the President and Congress on matters relating to exposures of Armed Forces members to environmental hazards on military installations, and specifies that the Commission shall issue a report including the following (Sec. 314):
- Recommendations for how the Federal Government should respond to the issue of exposures of current and former members of the Armed Forces and their dependents to environmental hazards on military installations;
- An analysis of the viability of the Federal Tort Claims Act as a remedy for dependents of current and former members of the Armed Forces potentially exposed to such environmental hazards;
- Recommendations for how to address health concerns of current and former members of the Armed Forces and their dependents in connection with possible exposure to such environmental hazards;
- An inventory of all military installations that are included on the National Priorities List developed by the President (42 U.S.C. 9605(a)(8)(B)), and an estimate of the extent of exposures to environmental hazards at such installations; and
- Recommendations for redress, including possible monetary compensation.
NOTE: THIS IS A VOTE TO INVOKE CLOTURE ON A MOTION TO PROCEED, WHICH SENDS THE LEGISLATION TO THE FLOOR OF THE SENATE FOR DEBATE AND AMENDMENT. A MOTION TO PROCEED ALONE REQUIRES A MAJORITY FOR APPROVAL. HOWEVER, THE MOTION CAN BE FILIBUSTERED, AND WHEN THIS OCCURS, A CLOTURE VOTE IS NECESSARY TO VOTE ON THE MOTION TO PROCEED. A THREE-FIFTHS MAJORITY OF THE SENATE IS NECESSARY TO INVOKE CLOTURE.