[Congressional Record Volume 157, Number 73 (Wednesday, May 25, 2011)]
[Daily Digest]
[Pages D549-D554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 22 public bills, H.R. 1978-
1999; and 3 resolutions, H. Con. Res. 55; and H. Res. 278-279 were 
introduced.                                              
  Pages H3644-45
Additional Cosponsors:                                       
  Page H3646
Report Filed: A report was filed today as follows:
  H.R. 1315, to amend the Dodd-Frank Wall Street Reform and Consumer 
Protection Act to strengthen the review authority of the Financial 
Stability Oversight Council of regulations issued by the Bureau of 
Consumer Financial Protection, with an amendment (H. Rept. 112-89). 
                                                             Page H3644
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Webster to act as Speaker pro tempore for today. 
                                                             Page H3413
Recess: The House recessed at 11:08 a.m. and reconvened at 12 noon. 
                                                             Page H3420
Chaplain: The prayer was offered by the guest chaplain, Reverend Gene 
Mills, Louisiana Family Forum, Baton Rouge, Louisiana.   
  Pages H3420-21
Resignation of the Chaplain of the House of Representatives: Read a 
letter from the Reverend Daniel P. Coughlin in which he submitted his 
resignation as Chaplain of the House of Representatives, effective 
April 30, 2011.                                              
  Page H3430
Privileged Resolution: The House agreed to H. Res. 278, Electing the 
Chaplain of the House of Representatives.                    
  Page H3430
Administration of the Oath of Office to an Officer of the House: The 
Speaker administered the Oath of Office to Father Patrick J. Conroy of 
the State of Oregon, Chaplain of the House of Representatives. 
                                                             Page H3432
Amending the Public Health Service Act to convert funding for graduate 
medical education in

[[Page D550]]

qualified teaching health centers from direct appropriations to an 
authorization of appropriations: The House passed H.R. 1216, to amend 
the Public Health Service Act to convert funding for graduate medical 
education in qualified teaching health centers from direct 
appropriations to an authorization of appropriations, by a recorded 
vote of 234 ayes to 185 noes, Roll No. 340. Consideration began 
yesterday, May 24th.                           
  Pages H3430-31, H3432-34
  Rejected the Clyburn motion to recommit the bill to the Committee on 
Energy and Commerce with instructions to report the same to the House 
forthwith with an amendment, by a recorded vote of 184 ayes to 236 
noes, Roll No. 339.                                      
Pages H3432-34
  Agreed to:
  Foxx amendment (No. 7 printed in the Congressional Record of May 23, 
2011) that was debated on May 24th that prohibits the use of funds 
provided for graduate medical education from being used to provide 
abortion or training in the provision of abortion. Additionally, funds 
will not be provided to a teaching health center if the institution 
discriminates against individual health care entities that refuse to 
provide abortion, undergo training in the provision of abortion, or 
offer referral for abortion services (by a recorded vote of 234 ayes to 
182 noes, Roll No. 338).                                     
Page H3431
  H. Res. 269, the rule providing for consideration of the bills (H.R. 
1216) and (H.R. 1540) was agreed to yesterday, May 24th.
Meeting Hour: Agreed that when the House adjourns today, it adjourn to 
meet at 9 a.m. tomorrow, May 26th.                           
  Page H3436
National Defense Authorization Act for Fiscal Year 2012: The House 
resumed consideration of H.R. 1540, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense 
and for military construction, to prescribe military personnel 
strengths for fiscal year 2012. Consideration of the measure began 
yesterday, May 24th.    
  Pages H3423-30, H3434-36, H3436-3621, H3621-30, H3630-43, H3649-80
  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.                           
Pages H3436-H3595
  Agreed to:
  Wittman amendment (No. 1 printed in H. Rept. 112-88) that allows the 
Secretary of the Navy to enter into multiyear contracts for the start 
of major construction of the Ford-class aircraft carriers designated 
CVN 79 and CVN 80 and for the construction of major components, 
modules, or other structures related to such carriers subject to 
appropriations;                                          
Pages H3595-97
  McKeon en bloc amendment No. 1 that consists of the following 
amendments printed in H. Rept. 112-88: Tonko amendment (No. 3) that 
encourages the Medical Research program to use RNA technology when 
conducting research for breast and prostate cancer, battlefield 
infectious diseases, and rare diseases; Hayworth amendment (No. 4) that 
express the sense of Congress that active matrix organic light emitting 
diode (OLED) technology displays are an integral factor in reducing the 
size, weight, and energy consumption of both dismounted and mounted 
system of the Armed Forces, and that OLED technology is a Defense-
critical manufacturing capability; Miller (MI) amendment (No. 7) that 
designates the Chief of the National Guard Bureau as a member of the 
Joint Chiefs of Staff; Schock amendment (No. 8) that allows a service 
member with a minor dependent to request a deferment of a deployment to 
a combat zone if their spouse is currently deployed to a combat zone; 
Baca amendment (No. 9) that directs the Secretary of Defense to 
coordinate with each military department to enhance current suicide 
prevention information sharing services for members of the Armed 
Forces; Cohen amendment (No. 10) that adds the text of H.R. 1046, the 
Honor the Written Intent of Our Servicemember Heroes (HONOR the WISH) 
Act, to the bill; Becerra amendment (No. 11) that provides funding for 
the United States Military Academy, United States Naval Academy, and 
the United States Air Force Academy for diversity recruitment 
activities; McNerney amendment (No. 13) that expresses the Sense of 
Congress that the Secretary of Defense should work with the Consumer 
Financial Protection Bureau to ensure coordination with the Office of 
Service Member Affairs to provide financial counseling for service 
members and their families; McNerney amendment (No. 14) that strikes 
and replaces section 591 of the bill, which makes it more difficult for 
Guard and Reserve components to engage in military training missions 
that also provide assistance to local communities; King (NY) amendment 
(No. 15) that directs the Secretary of Defense to provide for a program 
under which members of the Armed Forces of the United States on active 
duty and serving in Iraq or Afghanistan or hospitalized at a facility 
under the jurisdiction of the Armed Forces as a result of a disease or 
injury incurred as a result of service in Iraq or Afghanistan would 
receive one-free postal voucher per month to be transferred to loved 
ones to send packages to the soldiers at no cost; Ruppersberger 
amendment (No. 16) that authorizes the Secretary of Defense to extend 
United

[[Page D551]]

States Central Command Rest and Recuperation benefits to U.S. Armed 
Forces assigned to the Egypt Multi-National Force and Observors 
Mission; Carter amendment (No. 17) that deems Members of the Armed 
Forces, and DoD civilian employees, who were killed or wounded in the 
November 5th, 2009 Fort Hood attack to have been killed or wounded in a 
combat zone as the result of an action of an enemy of the United 
States; Sessions amendment (No. 21) that creates a pilot program for 
treatment outside of military facilities for members of the armed 
forces and veterans affected by traumatic brain injury and post-
traumatic stress disorder; Waters amendment (No. 29) that provides a 
preference for potential DOD contractors that carry out certain 
investment and philanthropic activities to bolster education and 
training in science, technology, engineering, and mathematics (STEM) 
disciplines; Hayworth amendment (No. 34), as modified, that adds a 
Sense of Congress that the Department of Defense shall not convert from 
private sector to public sector performance any functions or positions 
that are not inherently governmental in nature; Cuellar amendment (No. 
35) that expresses the sense of Congress that the Department of Defense 
should continue to share intelligence and technology with the 
Department of Homeland Security to address national security threats on 
the southwest border from transnational criminal organizations; Hunter 
amendment (No. 36), as modified, that directs the Secretary of the Navy 
to name the next available ship after Marine Corps Sergeant Rafael 
Peralta; and Schiff amendment (No. 5), as modified, that requires the 
Secretary of Defense to submit health assessment reports to the 
Committees on Armed Services of the Senate and House of Representatives 
when waste is disposed of in open-air burn pits;       
Pages H3597-3604
  Carter amendment (No. 6 printed in H. Rept. 112-88) that expands 
existing military whistleblower protections, from retaliatory personnel 
actions, to include communications by Armed Forces Members of 
ideologically based threats or actions of another Member that the 
reporting Member reasonably believes could be counterproductive or 
detrimental to United States interests or security;      
Pages H3604-05
  Carson amendment (No. 19 printed in H. Rept. 112-88) that directs the 
Department of Defense to provide mental health assessments to service 
members during deployment;                               
Pages H3607-09
  McKeon en bloc amendment No. 2 that consists of the following 
amendments printed in H. Rept. 112-88: Hanabusa amendment (No. 44) that 
limits past, present, and future detainees from rights afforded under 
Compact of Free Association; Hanabusa amendment (No. 45) that directs 
the Secretary of Defense and the OMB to identify programs within the 
DoD budget that are ineffective, redundant or unused; Rogers (MI) 
amendment (No. 51) that requires the Department of Defense to 
repatriate, identify and honor with a military funeral the remains of 
13 American Sailors killed during the First Barbary War in 1804; 
Campbell amendment (No. 52) that terminates the Joint Safety Climate 
Assessment System of the Department of Defense; Garrett amendment (No. 
58) that clarifies that the United States Congress has not authorized 
military actions in Libya upon adoption of the National Defense 
Authorization Act for Fiscal Year 2012; Young (AK) amendment (No. 68), 
as modified, that requires the Secretary of Defense to submit a report 
and assessment on the infrastructure needs of Department of Defense 
designated ports; McKeon manager's amendment (No. 73), as modified, 
that makes conforming changes in the bill; Braley amendment (No. 75) 
that requires a report from the President, in consultation with the 
Secretaries of Defense, State and Veterans Affairs, on the long-term 
costs of military operations in Iraq, Afghanistan and Libya; Bishop 
(UT) amendment (No. 76) that clears title to a 2.7 acre of formerly 
utilized defense land in Ogden Utah which was BRAC'd in 1995 so that 
the locally recognized municipal redevelopment authority may proceed to 
redevelop the property consistent with BRAC redevelopment authorities; 
Bishop (UT) amendment (No. 77) that clarifies certain terms in military 
depot statute, modifies the DoD's existing reporting requirements to 
include the 3 previous fiscal years' record of performance at each 
covered military depot in a table format, and adds the Tooele Army 
Depot, Utah, onto the list of depots for which annual reporting is 
required; Bishop (NY) amendment (No. 78) that expresses the Sense of 
Congress urging the Department of Defense to pursue all feasible 
efforts to recover, identify, and return the bodies of the crew of the 
Navy Flying Boat George 1 from Thurston Island, Antarctica; Bishop (NY) 
amendment (No. 79) that requires the Secretary of Defense to submit a 
report on establishing an active registry for each incidence of a 
member of the Armed Forces being exposed to occupational and chemical 
hazards, including waste disposal, during contingency operations; 
Bishop (NY) amendment (No. 80) that expresses the Sense of Congress 
regarding the efforts by the Department of Defense to keep America safe 
from terrorist attacks since September 11th; Blumenauer amendment (No. 
81) that requires the Secretary of Defense to notify the congressional 
defense committees and the Committees on the Budget, within 90 days, 
when entering into or modifying

[[Page D552]]

an indemnification agreement; Blumenauer amendment (No. 82), as 
modified, that modifies the Department of Defense's Operational Energy 
Report criteria to include an evaluation by the Department of practices 
used in contingency operations to reduce vulnerabilities associated 
with fuel convoys and a heavy reliance on fossil fuels in the field; 
Boren amendment (No. 83) that prohibits the unauthorized use of names 
and images of living and deceased military service members on 
merchandise and retail products without first obtaining permission from 
the service member or, if deceased, their family; DeLauro amendment 
(No. 98) that broadens the definition of entities prevented from 
receiving Department of Defense contracts to include all entities owned 
or controlled by, directed by or from, operating with delegated 
authority from, or affiliated with the Government of the People's 
Republic of China; and Donnelly amendment (No. 99) that improves DoD 
oversight of private security contractors funded by the DoD by 
requiring a standard Quality Assurance Surveillance Plan that sets out 
standards for oversight of all private security contracts; 
                                                         Pages H3609-15
  Cole amendment (No. 27 printed in H. Rept. 112-88) that precludes an 
executive agency from requiring an entity submitting an offer for a 
Federal contract to disclose political contributions as a condition of 
participation (by a recorded vote of 261 ayes to 163 noes, Roll No. 
347);                                             
Pages H3618-19, H3633
  Flake amendment (No. 39 printed in H. Rept. 112-88) that adds a Sense 
of Congress indicating that the deployment of National Guard personnel 
along the southwestern border should continue through the end of fiscal 
year 2011; and                                           
Pages H3638-39
  Edwards (MD) amendment (No. 100 printed in H. Rept. 112-88) that 
requires that the effects on local businesses, neighborhoods, and local 
governments be included in the analysis of the impacts on 
transportation infrastructure related to consideration and selection of 
military installations for closure or realignment (BRAC). 
                                                         Pages H3679-80
Rejected:
  Woolsey amendment (No. 2 printed in H. Rept. 112-88) that sought to 
eliminate the availability of funds for procurement of the Navy and Air 
Force V-22 Osprey aircraft (by a recorded vote of 83 ayes to 334 noes, 
Roll No. 343);                                           
Pages H3630-31
  Hunter amendment (No. 12 printed in H. Rept. 112-88) that sought to 
create a five-year pilot program to provide opportunity scholarships to 
dependent children with special education needs (by a recorded vote of 
203 ayes to 213 noes, Roll No. 344);              
Pages H3605-07, H3631
  Sarbanes amendment (No. 24 printed in H. Rept. 112-88) that sought to 
strike Section 937 of the bill relating to Modification of Temporary 
Suspension of Public-Private Competitions for Conversion of Department 
of Defense Functions to Contractor Performance (by a recorded vote of 
198 ayes to 225 noes, Roll No. 345);              
Pages H3615-16, H3632
  Murphy (CT) amendment (No. 25 printed in H. Rept. 112-88) that sought 
to give manufacturers the opportunity to provide information to DoD 
regarding how their bid for a contract will affect domestic employment 
(by a recorded vote of 208 ayes to 212 noes, Roll No. 346); 
                                               Pages H3616-18, H3632-33
  Garamendi amendment (No. 28 printed in H. Rept. 112-88) that sought 
to require the Secretary to ensure that each contractor of the 
Department of Defense performing a prime contract at a military 
installation in the United States to set aside 40 percent, by dollar 
value, of its subcontracting work under the contract for local 
qualified subcontractors (by a recorded vote of 168 ayes to 256 noes, 
Roll No. 348);                                    
Pages H3619-21, H3634
  Maloney amendment (No. 26 printed in H. Rept. 112-88) that sought to 
require public disclosure of information submitted under Section 847 of 
this act (by a recorded vote of 176 ayes to 248 noes, Roll No. 349); 
                                               Pages H3621-22, H3634-35
  Himes amendment (No. 30 printed in H. Rept. 112-88) that sought to 
require any savings as a result of shifting to civilian employees from 
contractors within the Department of Defense be directed towards 
deficit reduction (by a recorded vote of 184 ayes to 240 noes, Roll No. 
350);                                          
Pages H3622-24, H3635-36
  Jackson Lee (TX) amendment (No. 31 printed in H. Rept. 112-88) that 
sought to require the Secretary of Defense, prior to awarding of 
defense contracts to private contractors, to conduct an outreach 
program to benefit minority and women-owned businesses (by a recorded 
vote of 191 ayes to 232 noes, Roll No. 351);      
Pages H3624-26, H3636
  Andrews amendment (No. 32 printed in H. Rept. 112-88) that sought to 
temporarily suspend the implementation and enforcement of workforce 
management and sourcing policies pursuant to the DOD's efficiency 
initiative (by a recorded vote of 178 ayes to 246 noes, Roll No. 352); 
                                               Pages H3627-28, H3636-37
  Richmond amendment (No. 37 printed in H. Rept. 112-88) that sought to 
prevent the payment of certain incentives with respect to a Navy 
shipyard in Avondale, Louisiana, saving the Department of Defense up to 
$310 million (by a recorded vote of 177 ayes to 246 noes, Roll No. 
353); and                                      
Pages H3628-29, H3637-38
  Schakowsky amendment (No. 41 printed in H. Rept. 112-88) that sought 
to freeze Department of

[[Page D553]]

Defense funding at current levels until the Pentagon can successfully 
pass an audit. The amendment contained a national security waiver and 
exceptions for overseas contingency operations, defense personnel, and 
wounded warrior accounts.                                
Pages H3639-41
  Withdrawn:
  Lee (CA) amendment (No. 33 printed in H. Rept. 112-88) that was 
offered and subsequently withdrawn that would have returned Defense 
Department spending to the 2008 level, with exemptions for personnel 
and health accounts and                                  
Pages H3627-28
  Rohrabacher amendment (No. 59 printed in H. Rept. 112-88) that was 
offered and subsequently withdrawn that would have removed satellites 
and satellite components from the Munitions List and make them 
available to foreign nations. The amendment would have also continued 
the ban on sending such items and technology to China, its allies or 
terrorist-supporting states as under current law.        
Pages H3668-69
  Proceedings Postponed:
  Mica amendment (No. 38 printed in H. Rept. 112-88) that seeks to 
require that the rules of engagement allow any military service 
personnel assigned to duty in a designated hostile fire area to have 
rules of engagement that fully protects their right to proactively 
defend themselves from hostile actions;                  
Pages H3629-30
  Flake amendment (No. 40 printed in H. Rept. 112-88) that seeks to 
repeal the establishment of the National Drug Intelligence Center; 
                                                         Pages H3638-39
  Smith (WA) amendment (No. 42 printed in H. Rept. 112-88) that seeks 
to amend Section 1039 to allow transfer of detainees to the U.S. to 
testify in federal court. The amendment strikes language barring 
transfer of detainees held abroad to the U.S. requires certification by 
the Attorney General prior to transfer;            
Page H3641, H3649-50
  Buchanan amendment (No. 43 printed in H. Rept. 112-88) that seeks to 
require all foreign terrorists, with links to terrorist networks, who 
attack the United States or the Government be considered enemy 
combatants to be tried by military tribunals, not in the civilian court 
system;                                                  
Pages H3650-51
  Maloney amendment (No. 47 printed in H. Rept. 112-88) that seeks to 
clarify that the exemption from Freedom of Information Act for Data 
Files of the Military Flight Operations Quality Assurance Systems of 
the Military Departments is for ``information contained in data files 
of the military flight operations quality assurance system of a 
military department that would reveal flight patterns or tactical 
techniques or tactical procedures from disclosure under section''; 
                                                         Pages H3651-52
  Mack amendment (No. 48 printed in H. Rept. 112-88) that seeks to make 
changes to the language of the Sunken Military Craft Act of H.R. 1540, 
the National Defense Authorization Act for Fiscal Year 2012. Would 
clarify the language of the Sunken Military Craft Act to restore its 
original intent, and would specify that a sunken military craft would 
be defined as a vessel only when on military noncommercial service when 
it sank;                                                 
Pages H3652-53
  Langevin amendment (No. 49 printed in H. Rept. 112-88) that seeks to 
coordinate federal information security policy through the creation of 
a National Office for Cyberspace, updating information security 
management practices, and establishing measures for the protection of 
critical infrastructure from cyberattacks;               
Pages H3653-60
  Amash amendment (No. 50 printed in H. Rept. 112-88) that seeks to 
strike section 1034 of the bill, relating to the authorization for use 
of military force;                                       
Pages H3660-63
  Campbell amendment (No. 53 printed in H. Rept. 112-88) that seeks to 
terminate the Human, Social, and Culture Behavior (HSCB) Modeling 
program at the Department of Defense;                    
Pages H3664-65
  Campbell amendment (No. 54 printed in H. Rept. 112-88) that seeks to 
reduce the baseline number of civilian employees at the Department of 
Defense by 1% every year for the next five years;        
Pages H3665-66
  Chaffetz amendment (No. 56 printed in H. Rept. 112-88) that seeks to 
require U.S. ground troops to withdraw from Afghanistan, leaving just 
those who are involved in small, targeted counter-terrorism operations. 
The amendment would further require the Secretary of Defense to submit 
a withdrawal plan to Congress within 60 days of enactment; 
                                                         Pages H3666-68
  Polis amendment (No. 60 printed in H. Rept. 112-88) that seeks to 
reduce the amount of troops stationed in Europe to 30,000 and would cut 
overall end strength levels by 10,000 a year over the next five years; 
                                                         Pages H3669-73
  Conyers amendment (No. 61 printed in H. Rept. 112-88) that seeks to 
prevent funds authorized in the Act from being used to deploy, 
establish, or maintain the presence of Members of the Armed Forces or 
private security contractors on the ground in Libya unless the purpose 
of the presence is to rescue a Member of the Armed Forces from imminent 
danger;                                                  
Pages H3673-74
  Flake amendment (No. 62 printed in H. Rept. 112-88) that seeks to 
eliminate funds for the Mission Force Enhancement Transfer Fund; 
                                                         Pages H3674-75
  Ellison amendment (No. 63 printed in H. Rept. 112-88) that seeks to 
strike section 1604, Budget Item Relating to LHA--7 Ship Program; and 
                                                         Pages H3675-78

[[Page D554]]


  Loretta Sanchez amendment (No. 64 printed in H. Rept. 112-88) that 
seeks to reduce the funding for Ground-based Midcourse Defense systems 
by $100,000,000.                                         
                                                         Pages H3678-79
  H. Res. 276, the rule providing for further consideration of the bill 
(H.R. 1540), was agreed to by a recorded vote of 243 ayes to 170 noes, 
Roll No. 342.                                            
                                                         Pages H3435-36
  Agreed to the Bishop (UT) amendment to the rule by voice vote, after 
agreeing to order the previous question by a yea-and-nay vote of 239 
yeas to 181 nays, Roll No. 341.                              
                                                             Page H3435
  A point of order was raised against the consideration of H. Res. 276 
and it was agreed to proceed with consideration of the resolution by 
voice vote.                                                  
                                                             Page H3424
Meeting Hour: Agreed that when the House adjourns today, it adjourn to 
meet at 10 a.m. tomorrow, May 26th.                          
  Page H3680
Senate Message: Message received from the Senate today appears on page 
H3413.
Quorum Calls--Votes: One yea-and-nay vote and fifteen recorded votes 
developed during the proceedings of today and appear on pages H3431, 
H3433-34, H3434, H3435, H3435-36, H3630-31, H3631, H3632, H3632-33, 
H3633, H3634, H3634-35, H3635, H3636, H3636-37, H3637. There were no 
quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 11:06 p.m.