[Congressional Record Volume 156, Number 82 (Thursday, May 27, 2010)]
[Daily Digest]
[Pages D617-D621]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page D617]]




                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 32 public bills, H.R. 5421-
5452; and 11 resolutions, H. Con. Res. 282-283; and H. Res. 1405-1413 
were introduced.                               
  Pages H4021-23, H4082-84
Additional Cosponsors:                         
  Pages H4023-24, H4084-85
Report Filed: A report was filed today as follows:
  H.R. 5297, to create the Small Business Lending Fund Program to 
direct the Secretary of the Treasury to make capital investments in 
eligible institutions in order to increase the availability of credit 
for small businesses, with an amendment (H. Rept. 111-499). 
                                                     Pages H4021, H4082
Chaplain: The prayer was offered by the Guest Chaplain, Reverend Dr. 
Carl White, Highland Baptist Church, Meridian, MS.           
  Page H3873
Adjournment Resolution: The House agreed to H. Con. Res. 282, providing 
for an adjournment or recess of the two Houses, by a yea-and-nay vote 
of 230 yeas to 187 nays, Roll No. 306.                   
  Pages H3885-86
Suspensions--Proceedings Resumed: The House agreed to suspend the rules 
and agree to the following measures which were debated on Tuesday, May 
25th:
  Honoring the Centennial Celebration of Women at Marquette University: 
H. Res. 1161, to honor the Centennial Celebration of Women at Marquette 
University, the first Catholic university in the world to offer co-
education as part of its regular undergraduate program, by a \2/3\ 
recorded vote of 380 ayes with none voting ``no'' and 36 voting 
``present'', Roll No. 308 and                            
  Pages H3887-88
  Honoring the University of Georgia Graduate School on the occasion of 
its centennial: H. Res. 1372, to honor the University of Georgia 
Graduate School on the occasion of its centennial, by a \2/3\ recorded 
vote of 412 ayes with none voting ``no'' and 1 voting ``present'', Roll 
No. 309.                                                 
  Pages H3888-89
  National Defense Authorization Act for Fiscal Year 2011: The House 
began consideration of H.R. 5136, to authorize appropriations for 
fiscal year 2011 for military activities of the Department of Defense 
and to prescribe military personnel strengths for such fiscal year. 
Consideration is expected to resume tomorrow, May 28th. 
                              Pages H3876-85, H3887, H3889-H4019, H4025
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on Armed Services now printed in the bill 
shall be considered as an original bill for the purpose of amendment 
under the five-minute rule.                                  
Page H3900
Agreed to:
  Bartlett amendment (No. 2 printed in H. Rept. 111-498) that prohibits 
funds authorized to be appropriated in section 101(5) for other 
procurement, Army, from being obligated or expended by the Secretary of 
the Army for line-haul tractors unless the source selection is made 
based on a full and open competition;                        
Page H3986
  Smith (WA) amendment (No. 3 printed in H. Rept. 111-498) that ensures 
that the spouse, children and parents of a deployed or deploying member 
of the Armed Forces, who are not covered under the Family Medical Leave 
Act, have the ability to take at least two weeks of unpaid leave from 
their job in order to address issues that arise over the course of a 
deployment cycle;                                        
Pages H3986-88
  Skelton en bloc amendment No. 1 consisting of the following 
amendments printed in H. Rept. 111-498: Giffords amendment (No. 9) that 
authorizes the Secretary of Defense to share with the Department of 
Homeland Security and the Department of Justice any data gathered 
during training exercises; Nye amendment (No. 10) that requires the 
Department of Defense to report to the House Armed Services Committee 
and the Small Business Committee on their plans to support the Regional 
Advanced Technology Clusters; Sessions amendment (No. 16) that 
establishes a 5-year ``pay-for-performance'' pilot program for the 
treatment of traumatic brain injuries; Jackson Lee (TX) amendment (No. 
24) that requires the Secretary of Defense shall provide, by December 
1, 2010, a report to the Congressional Black Caucus that includes a 
list of minority-owned, women-owned and disadvantaged-owned businesses 
over the past 10 years who have received contracts resulting from 
authorized funding to the Department; Watson amendment (No. 36) that 
inserts language based on H.R. 4900 and H.R. 5247, that contain the 
following provisions: (1) the establishment of a new National Office 
for Cyberspace; (2) management and oversight reforms for agency 
information security programs; (3) security related acquisition 
requirements for federal information technology investments; (4) the 
establishment of a federal Chief Technology Officer; and (5) make the 
Director of the National Office for Cyberspace a member of the National 
Security Council and grant the office additional government-wide 
coordinating responsibilities; McMahon amendment (No. 63) that 
expresses a Sense of Congress to encourage the Secretary of the Navy to 
name a naval vessel after

[[Page D618]]

Medal of Honor recipient and Navy chaplain, Father Vincent Capodanno; 
and Tonko amendment (No. 70) that expresses a Sense of Congress 
encouraging the development of next generation semiconductor 
technologies;                                         
Pages H3990-H4001
  Skelton en bloc amendment No. 2 consisting of the following 
amendments printed in H. Rept. 111-498: Burton (IN) amendment (No. 20) 
that expresses the Sense of Congress that the President, as Commander-
in-Chief, should treat all military personnel and military families 
equally and overturn the policy that prohibits sending a presidential 
letter of condolence to the family of a member of the Armed Forces who 
has died by suicide; Holden amendment (No. 22) that makes any person 
who served in combat as a pilot or crew member of a Medevac unit 
beginning June 25, 1950, eligible for the Combat Medevac Badge; Pomeroy 
amendment (No. 23) that authorizes the continuation of the Joint Family 
Support Assistance Program; Latham amendment (No. 26) that expresses 
the Sense of Congress that an erroneous interpretation of recent 
changes to age and service requirements for reserve retirement pay 
should be corrected; Kennedy amendment (No. 27) that adds neurology to 
the list of selected residency programs at military medical treatment 
facilities subject to a program review; and Tim Murphy (PA) amendment 
(No. 45) that directs the Surgeons General of the Army, Navy, and Air 
Force to submit a report to Congress on whether additional behavioral 
health professionals are needed to treat members of the Armed Forces 
for PTSD/TBI, and offer recommendations for ways to provide incentives 
for health care professionals to join active and reserve components; 
                                                         Pages H4003-08
  Skelton manager's amendment (No. 1 printed in H. Rept. 111-498) that 
corrects a variety of technical errors in the bill (by a recorded vote 
of 421 ayes with none voting ``no'', Roll No. 310); 
                                               Pages H3984-86, H4013-14
  Marshall amendment (No. 4 printed in H. Rept. 111-498) that expresses 
the sense of Congress that the Chief of the National Guard Bureau 
should issue fire-resistant utility ensembles to National Guard 
personnel who are engaged, or likely to become engaged, in defense 
support to civil authority missions that routinely involve serious fire 
hazards, such as wildfire recovery efforts (by a recorded vote of 423 
ayes with none voting ``no'', Roll No. 311);   
Pages H3988-90, H4013-14
  McGovern amendment (No. 13 printed in H. Rept. 111-498) that includes 
a Sense of Congress stating that hunger and obesity are impairing 
military recruitment and must be properly addressed (by a recorded vote 
of 341 ayes to 85 noes, Roll No. 312);         
Pages H4001-03, H4014-15
  Andrews en bloc amendment No. 3 consisting of the following 
amendments printed in H. Rept. 111-498: Pascrell amendment (No. 29) 
that requires that the same cognitive screening tool be used pre-
deployment and post-deployment until a new, comprehensive policy for 
screening our soldiers to detect cognitive injuries is implemented; 
Harman amendment (No. 34) that calls for expedited and priority 
consideration of an application for permanent change of base or unit 
transfer for victims of sexual assault to reduce the possibility of 
retaliation against the victim; Brown-Waite amendment (No. 40) that 
expands the eligibility for the Army Combat Action Badge to those 
soldiers who served during the dates ranging from December 7, 1941, to 
September 18, 2001; Space amendment (No. 46) that requires the 
Secretary of the VA to send an electronic copy of service members' 
separation paperwork to the States; Walz amendment (No. 48) that 
revises the language of the Alternative Career Track Pilot Program 
slightly to ensure officers are not penalized with regards to promotion 
for participating in the pilot program; Carson amendment (No. 52) that 
amends the Department of Defense pre-separation counseling program to 
provide discharging service members and their spouses with financial 
and job placement counseling; and Hare amendment (No. 54) that directs 
the Secretary of the Army to deliver a report to Congress that provides 
a detailed explanation of the Army's Heirloom Chest policy, the Army's 
plans to continue the Heirloom Chest program, and a cost estimate for 
the procurement to expand the number of Heirloom Chests to additional 
family members;                                          
Pages H4015-19
  Skelton en bloc amendment No. 4 consisting of the following 
amendments printed in H. Rept. 111-498: Owens amendment (No. 12) that 
provides Congress enhanced and updated budget and quantity information 
on proposed equipment purchases; Polis amendment (No. 17) that 
clarifies that federal agencies can procure commercially available 
fuels that have less than a majority proportion of alternative fuels 
with greater life cycle emissions than traditional petroleum fuels; 
Dingell amendment (No. 18), as modified, that requires the Secretary of 
Defense to provide the Agency for Toxic Substances and Disease Registry 
with information pertaining to Marine Corps Base Camp Lejeune's 
historic drinking water contamination no later than 90 days after 
enactment; Jackson Lee (TX) amendment (No. 25) that makes available 
post-traumatic stress counseling for civilians affected by the Fort 
Hood shooting, and shootings at other domestic military bases; 
Etheridge amendment (No. 28) that clarifies that the Department of 
Defense Office of Economic Adjustment's

[[Page D619]]

existing grant-making authority for community adjustment and economic 
diversification to assist communities affected by the 2005 Base 
Realignment and Closure Process includes development assistance; Putnam 
amendment (No. 35) that expresses a sense of Congress in support of 
recreational hunting and fishing on military installations; Chandler 
amendment (No. 37) that strikes section 2412(c), which would prohibit 
funds from being allocated to the Blue Grass Army Depot Chemical 
Demilitarization program as it is currently contracted; and Richardson 
amendment (No. 44) that requires Transportation Command (TRANSCOM) to 
update the PORT LOOK 2008 Strategic Seaports study;      
Pages H4026-31
  Andrews en bloc amendment No. 5 consisting of the following 
amendments printed in H. Rept. 111-498: Bordallo amendment (No. 5) that 
incorporates the text of H.R. 44, the Guam World War II Loyalty 
Recognition Act, into the bill as Title XVII; Coffman amendment (No. 6) 
that requires the Department of Defense to formulate and submit a plan 
to establish a domestic source of neodymium iron boron magnets for use 
in the defense supply chain; Shea-Porter amendment (No. 7) that 
requires the President to commission a study to assess the need for and 
implications of a common alignment of world regions in the internal 
organization of departments and agencies of the Federal government with 
international responsibilities; Kratovil amendment (No. 11) that 
clarifies that no funds authorized to be appropriated in this Act or 
otherwise made available to the Department of Defense shall be used in 
violation of section 1040 of the National Defense Authorization Act for 
Fiscal Year 2010; McGovern amendment (No. 14) that requires the 
President to certify that the Afghanistan Independent Election 
Commission and the Afghan Electoral Complaints Commission have the 
professional capacity, legal authority and independence to carry out 
and oversee free, fair and honest elections, absent the fraud that 
characterized the 2009 presidential elections, before funds are made 
available to support the holding of elections in Afghanistan; Conyers 
amendment (No. 19) that requires the Secretary of Defense, in 
coordination with the Secretary of State, to issue a report evaluating 
naval security in the Persian Gulf and the Strait of Hormuz; Lee (CA) 
amendment (No. 31) that expresses the Sense of Congress that there is 
potential for additional and significant cost savings through further 
reductions by the Secretary of Defense in waste, fraud, and abuse and 
that the Secretary should make implementation of remaining Government 
Accountability Office recommendations an utmost priority of the 
Department of Defense; and Schakowsky amendment (No. 33) that requires 
the Special Inspector General for Afghanistan Reconstruction to report 
on existing oversight of contractors in Afghanistan, as well as to make 
recommendations for increasing oversight, decreasing reliance on 
contractors responsible for civilian deaths, and preventing contractors 
responsible for waste, fraud, and abuse from getting future contracts; 
                                                         Pages H4038-43
  Andrews en bloc amendment No. 6 consisting of the following 
amendments printed in H. Rept. 111-498: Lipinski amendment (No. 39) 
that requires the Department of Defense to solicit bids from domestic 
suppliers when procuring articles, materials, or supplies for use 
outside of the United States; Braley amendment (No. 41) that requires 
the Secretary of Defense, with contributions from the Secretary of 
State and Secretary of Veterans Affairs, to submit a report on the 
long-term costs of Operation Iraqi Freedom and Operation Enduring 
Freedom; Murphy (CT) amendment (No. 43) that requires the Department of 
Defense to include in its yearly assessment of waivers granted under 
the Buy American Act to include in that report an analysis of the 
domestic capacity to supply the articles, materials or supplies 
procured from overseas and an analysis of the reasons for the yearly 
increase or decrease in Buy American waivers granted; Broun amendment 
(No. 50), as modified, that expresses the sense of Congress strongly 
encouraging the President to order the flag of the United States flown 
on military outposts of the United States in the Republic of Haiti; 
Edwards (MD) amendment (No. 51) that directs the Department of Defense 
to include the impact on domestic jobs in their periodic assessments of 
defense capability; and Price (NC) amendment (No. 57) that extends 
certain provisions of the Fiscal Year 2008 National Defense 
Authorization Act pertaining to private security contractors in Iraq 
and Afghanistan to additional overseas areas with a significant 
contractor presence;                                     
Pages H4043-48
  McMahon amendment (No. 62 printed in H. Rept. 111-498) that expresses 
a Sense of Congress concerning the implementation of the 
Congressionally-mandated recommendations of the Institute of Medicine 
study;                                                       
Page H4048
  Skelton en bloc amendment No. 7 consisting of the following 
amendments printed in H. Rept. 111-498: Herseth Sandlin amendment (No. 
38) that requires reports to Congress on U.S. bomber modernization, 
sustainment and recapitalization efforts in support of the national 
defense strategy; Childers amendment (No. 49) that requires the 
Secretary of Defense to submit a report to Congress regarding the 
procurement and the feasibility of sustained low-level production of 
Mine Resistant Ambush Protective Vehicles; Foster amendment (No. 53) 
that directs the Secretary of Defense to commission an independent 
study by assessing the optimal balance

[[Page D620]]

of unmanned versus manned platforms, and the current ability of each 
branch of the military to defend against unmanned aerial vehicles; 
Lujan amendment (No. 60) that instructs the Administrator of the 
National Nuclear Security Administration to encourage technology 
transfer activities at its national security laboratories that will 
lead to enhanced private-sector employment opportunities; Hinchey 
amendment (No. 72) that requires the Department of Defense to apply the 
Buy American Act to the procurement of photovoltaic devices purchased 
through subcontracts; Hinchey amendment (No. 73) that requires armed 
private security contractors who are using U.S. citizens in Iraq or 
Afghanistan to hire those individuals as direct employees rather than 
independent contractors; and Connolly amendment (No. 75) that requires 
the Secretary of Defense to establish monitoring and evaluation 
mechanisms for its programs in the Horn of Africa;       
Pages H4050-55
  Inslee amendment (No. 82 printed in H. Rept. 111-498) that requires 
the Department of Defense to take into consideration during the KC-X or 
any successor aerial tanker replacement program any unfair competitive 
advantage an offeror may possess, and to report any such unfair 
competitive advantage to Congressional defense committees within 60 
days of bid submissions (by a recorded vote of 410 ayes to 8 noes, Roll 
No. 313);                                         
Pages H4011-13, H4060
  Gutierrez amendment (No. 21 printed in H. Rept. 111-498) that 
stipulates that, should the Secretary of Defense determine that BP or 
its subsidiaries performing any contract with the Department are no 
longer a ``responsible source,'' the Secretary shall consider debarring 
BP or its subsidiaries from contracting with the Department no later 
than 90 days after making such determination (by a recorded vote of 372 
ayes to 52 noes, Roll No. 314);                
Pages H4031-32, H4060-61
  Eshoo amendment (No. 42 printed in H. Rept. 111-498) that requires 
the DNI to cooperate with GAO inquiries that are initiated by 
Committees (by a recorded vote of 218 ayes to 210 noes, Roll No. 315); 
                                               Pages H4032-35, H4061-62
  Patrick J. Murphy (PA) amendment (No. 79 printed in H. Rept. 111-498) 
that repeals ``Don't Ask Don't Tell'' only after: (1) receipt of the 
recommendations of the Pentagon's Comprehensive Review Working Group on 
how to implement a repeal of DADT (due December 1, 2010) and (2) a 
certification by the Secretary of Defense, Chairman of the Joint Chiefs 
and President that repeal is first, consistent with military readiness, 
military effectiveness, unit cohesion and recruiting, and second, that 
the DoD has prepared the necessary policies and regulations to 
implement its repeal (by a recorded vote of 234 ayes to 194 noes, Roll 
No. 317);                                      
Pages H4055-60, H4062-63
  Sarbanes amendment (No. 47 printed in H. Rept. 111-498) that requires 
non-Defense agencies to establish contractor inventories and insourcing 
programs to mirror current law for the Department of Defense (by a 
recorded vote of 253 ayes to 172 noes, Roll No. 318); 
                                               Pages H4035-38, H4063-64
  Skelton en bloc amendment No. 8 consisting of the following 
amendments printed in H. Rept. 111-498: Dahlkemper amendment (No. 56) 
that allows the Secretary of Defense to make excess nonlethal supplies 
available for domestic emergency assistance purposes, in coordination 
with the Secretary of Homeland Security; Kirkpatrick amendment (No. 58) 
that eliminates gaps in existing law that have resulted in unauthorized 
and improper disposal of Department of Defense property; Kosmas 
amendment (No. 59) that requires DoD and NASA to conduct a study of the 
feasibility of joint usage of the NASA Shuttle Logistics Depot; 
Perriello amendment (No. 65) that ensures that Department of Defense in 
sourcing decisions are performance based by excluding from 
consideration the value of employer sponsored health plans and 
retirement benefits plans provided by both DoD and private government 
contractors; Titus amendment (No. 69) that provides the Secretary of 
Defense the flexibility to change the effective date of the Homeowners 
Assistance Program for members of the armed forces permanently 
reassigned during the mortgage crisis; Critz amendment (No. 71) that 
allows military claims offices to pay full replacement value, instead 
of fair market value, on claims that fall outside the current 
contractual arrangements for providing full replacement value for the 
household goods of service members and civilian employees moved at the 
expense of the Department of Defense; Connolly amendment (No. 76) that 
standardizes federal agency and OPM reporting requirements regarding 
federal internship programs; and Grayson amendment (No. 78) that 
requires cost or price be given at least equal importance in evaluating 
competitive proposals for procurement contracts with the United States 
Department of Defense; and                               
Pages H4064-67
  Teague amendment (No. 68 printed in H. Rept. 111-498) that provides 
health insurance to dependents of permanently and totally disabled 
veterans, as well as veterans who died from serviced connected 
disabilities, through the age of 26.                     
Pages H4067-68
Rejected:
  Pingree (ME) amendment (No. 80 printed in H. Rept. 111-498) that 
sought to strike funding for the Joint Strike Fighter's Alternate 
Engine Program (by

[[Page D621]]

a recorded vote of 193 ayes to 231 noes with 3 voting ``present'', Roll 
No. 316).                                         
Pages H4008-11, H4062
Proceedings Postponed:
  Shea-Porter amendment (No. 81 printed in H. Rept. 111-498) that seeks 
to require a penalty for prime contractors that do not provide 
information to databases on contracts in Iraq and Afghanistan, and it 
adds a reporting requirement and                             
Page H4068
  Skelton en bloc amendment No. 9 consisting of the following 
amendments printed in H. Rept. 111-498: Courtney amendment (No. 8) that 
seeks to transfer the Troops to Teachers program from the Department of 
Education to the Department of Defense; Hastings (FL) amendment (No. 
15) that seeks to require the Department of Defense, in consultation 
with the Secretary of State, Attorney General, Secretary of Homeland 
Security, Administrator of the United States Agency for International 
Development, and heads of other appropriate Federal agencies to produce 
a needs assessment of U.S. affiliated Iraqis and their status; Shadegg 
amendment (No. 30) that seeks to prohibit members of the Armed Forces 
or veterans from receiving burial benefits if they are convicted of 
certain sexual offenses requiring them to register as ``Tier III'' sex 
offenders; Holt amendment (No. 32), as modified, that seeks to require 
that the Secretary of Defense ensure that each member of the Individual 
Ready Reserve or those designated as Individual Mobilization Augmentees 
who have served at least one tour in Iraq or Afghanistan receive at 
least quarterly counseling and health and welfare calls from personnel 
properly trained to provide such services; Luetkemeyer amendment (No. 
55) that seeks to direct the Secretary of each military department to 
review the service records of eligible Jewish American veterans from 
World War I to determine whether such veterans should be awarded the 
Medal of Honor; Markey (CO) amendment (No. 61) that seeks to create the 
Department of Veterans Affairs HONOR Scholarship Program for veterans' 
pursuit of graduate and post-graduate degrees in behavioral health 
sciences; Minnick amendment (No. 64) that seeks to authorize the 
Secretary of Education to provide support to help cover operating costs 
of new state programs under the National Guard Youth Challenge Program; 
Schrader amendment (No. 66) that seeks to require the Secretary of 
Defense to ensure that each member of a reserve component of the Armed 
Forces who is mobilized or demobilized is provided a clear and 
comprehensive statement of the medical care and treatment to which such 
member is entitled under Federal law by reason of being so mobilized or 
demobilized; Schrader amendment (No. 67) that seeks to instruct the DoD 
Inspector General to conduct a study assessing the medical processing 
of National Guard and Reserve soldiers mobilizing and demobilizing 
under Title X; Klein (FL) amendment (No. 74) that seeks to require 
companies that are applying for Department of Defense contracts to 
certify that they do not conduct business in Iran, as defined by 
Section 5 of the Iran Sanctions Act; and Pingree (ME) amendment (No. 
77) that seeks to require the Department of Defense to continue 
commissary and exchange stores at Naval Air Station Brunswick through 
September 30, 2011.                                      
Pages H4068-73
  H. Res. 1404, the rule providing for consideration of the bill, was 
agreed to by a yea-and-nay vote of 241 yeas to 178 nays, Roll No. 307, 
after the previous question was ordered without objection.   
Page H3887
Committee Resignation: Read a letter from Representative Shuster, 
wherein he resigned from the Committee on Armed Services, effective 
today.                                                       
  Page H4077
Presidential Message: Read a message from the President wherein he 
transmitted to Congress the National Security Strategy of the United 
States--referred to the Committee on Armed Services.         
  Page H3889
Quorum Calls--Votes: Two yea-and-nay votes and 11 recorded votes 
developed during the proceedings of today and appear on pages H3885-86, 
H3887, H3889, H388-89, H4013, H4013-14, H4014-15, H4060, H4060-61, 
H4061-62, H4062, H4062-63 and H4063-64. There were no quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 11:53 p.m.