[Congressional Record Volume 157, Number 180 (Monday, November 28, 2011)]
[Daily Digest]
[Pages D1263-D1267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                          Monday, November 28, 2011

[[Page D1263]]

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S7883-S7935
Measures Introduced: Three bills were introduced, as follows: S. 1915-
1917.                                                        
  Page S7908
Measures Considered:
  Department of Defense Authorization Act--Agreement: Senate resumed 
consideration of S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, taking 
action on the following amendments proposed thereto: 
                                               Pages S7884-98, S7902-04
Adopted:
  Leahy Amendment No. 1072, to enhance the national defense through 
empowerment of the National Guard, enhancement of the functions of the 
National Guard Bureau, and improvement of Federal-State military 
coordination in domestic emergency response. 
                                        Pages S7884, S7896-98, S7902-04
Withdrawn:
  McConnell (for Kirk) Amendment No. 1084, to require the President to 
impose sanctions on foreign financial institutions that conduct 
transactions with the Central Bank of Iran.          
Pages S7884, S7903
  Levin (for Menendez) Amendment No. 1292, to require the President to 
impose sanctions with respect to the Central Bank of Iran if the 
President determines that the Central Bank of Iran has engaged in 
conduct that threatens the national security of the United States or 
allies of the United States.                         
Pages S7886, S7903
Pending:
  Levin/McCain Amendment No. 1092, to bolster the detection and 
avoidance of counterfeit electronic parts.                   
Page S7884
  Paul/Gillibrand Amendment No. 1064, to repeal the Authorization for 
Use of Military Force Against Iraq Resolution of 2002.       
Page S7884
  Merkley Amendment No. 1174, to express the sense of Congress 
regarding the expedited transition of responsibility for military and 
security operations in Afghanistan to the Government of Afghanistan. 
                                                             Page S7884
  Feinstein Amendment No. 1125, to clarify the applicability of 
requirements for military custody with respect to detainees. 
                                                             Page S7884
  Feinstein Amendment No. 1126, to limit the authority of Armed Forces 
to detain citizens of the United States under section 1031. 
                                                             Page S7884
  Udall (CO) Amendment No. 1107, to revise the provisions relating to 
detainee matters.                                            
Page S7884
  Landrieu/Snowe Amendment No. 1115, to reauthorize and improve the 
SBIR and STTR programs, and for other purposes.              
Page S7884
  Franken Amendment No. 1197, to require contractors to make timely 
payments to subcontractors that are small business concerns. 
                                                             Page S7884
  Cardin/Mikulski Amendment No. 1073, to prohibit expansion or 
operation of the District of Columbia National Guard Youth Challenge 
Program in Anne Arundel County, Maryland.                    
Page S7884
  Begich Amendment No. 1114, to amend title 10, United States Code, to 
authorize space-available travel on military aircraft for members of 
the reserve components, a member or former member of a reserve 
component who is eligible for retired pay but for age, widows and 
widowers of retired members, and dependents.                 
Page S7884
  Begich Amendment No. 1149, to authorize a land conveyance and 
exchange at Joint Base Elmendorf Richardson, Alaska.         
Page S7884
  Shaheen Amendment No. 1120, to exclude cases in which pregnancy is 
the result of an act of rape or incest from the prohibition on funding 
of abortions by the Department of Defense.                   
Page S7884
  Collins Amendment No. 1105, to make permanent the requirement for 
certifications relating to the transfer of detainees at United States 
Naval Station, Guantanamo Bay, Cuba, to foreign countries and other 
foreign entities.                                            
Page S7884
  Collins Amendment No. 1155, to authorize educational assistance under 
the Armed Forces Health Professions Scholarship program for pursuit of 
advanced degrees in physical therapy and occupational therapy. 
                                                             Page S7884

[[Page D1264]]


  Collins Amendment No. 1158, to clarify the permanence of the 
prohibition on transfers of recidivist detainees at United States Naval 
Station, Guantanamo Bay, Cuba, to foreign countries and entities. 
                                                             Page S7884
  Collins/Shaheen Amendment No. 1180, relating to man-portable air-
defense systems originating from Libya.                      
                                                             Page S7884
  Inhofe Amendment No. 1094, to include the Department of Commerce in 
contract authority using competitive procedures but excluding 
particular sources for establishing certain research and development 
capabilities.                                                
                                                             Page S7884
  Inhofe Amendment No. 1095, to express the sense of the Senate on the 
importance of addressing deficiencies in mental health counseling. 
                                                             Page S7884
  Inhofe Amendment No. 1096, to express the sense of the Senate on 
treatment options for members of the Armed Forces and veterans for 
Traumatic Brain Injury and Post Traumatic Stress Disorder.   
                                                             Page S7884
  Inhofe Amendment No. 1097, to eliminate gaps and redundancies between 
the over 200 programs within the Department of Defense that address 
psychological health and traumatic brain injury.             
                                                             Page S7884
  Inhofe Amendment No. 1098, to require a report on the impact of 
foreign boycotts on the defense industrial base.             
                                                             Page S7884
  Inhofe Amendment No. 1099, to express the sense of Congress that the 
Secretary of Defense should implement the recommendations of the 
Comptroller General of the United States regarding prevention, 
abatement, and data collection to address hearing injuries and hearing 
loss among members of the Armed Forces.                      
                                                             Page S7885
  Inhofe Amendment No. 1100, to extend to products and services from 
Latvia existing temporary authority to procure certain products and 
services from countries along a major route of supply to Afghanistan. 
                                                             Page S7885
  Inhofe Amendment No. 1101, to strike section 156, relating to a 
transfer of Air Force C-12 aircraft to the Army.             
                                                             Page S7885
  Inhofe Amendment No. 1102, to require a report on the feasibility of 
using unmanned aerial systems to perform airborne inspection of 
navigational aids in foreign airspace.                       
                                                             Page S7885
  Inhofe Amendment No. 1093, to require the detention at United States 
Naval Station, Guantanamo Bay, Cuba, of high-value enemy combatants who 
will be detained long-term.                                  
                                                             Page S7885
  Casey Amendment No. 1215, to require a certification on efforts by 
the Government of Pakistan to implement a strategy to counter 
improvised explosive devices.                                
                                                             Page S7885
  Casey Amendment No. 1139, to require contractors to notify small 
business concerns that have been included in offers relating to 
contracts let by Federal agencies.                           
                                                             Page S7885
  McCain (for Cornyn) Amendment No. 1200, to provide Taiwan with 
critically needed United States-built multirole fighter aircraft to 
strengthen its self-defense capability against the increasing military 
threat from China.                                           
                                                             Page S7885
  McCain (for Ayotte) Amendment No. 1066, to modify the Financial 
Improvement and Audit Readiness Plan to provide that a complete and 
validated full statement of budget resources is ready by not later than 
September 30, 2014.                                          
                                                             Page S7885
  McCain (for Ayotte) Modified Amendment No. 1067, to require 
notification of Congress with respect to the initial custody and 
further disposition of members of al-Qaeda and affiliated entities. 
                                                             Page S7885
  McCain (for Ayotte) Amendment No. 1068, to authorize lawful 
interrogation methods in addition to those authorized by the Army Field 
Manual for the collection of foreign intelligence information through 
interrogations.                                              
Page S7885
  McCain (for Brown (MA)/Boozman) Amendment No. 1119, to protect the 
child custody rights of members of the Armed Forces deployed in support 
of a contingency operation.                                  
Page S7885
  McCain (for Brown (MA)) Amendment No. 1090, to provide that the basic 
allowance for housing in effect for a member of the National Guard is 
not reduced when the member transitions between active duty and full-
time National Guard duty without a break in active service. 
                                                             Page S7885
  McCain (for Brown (MA)) Amendment No. 1089, to require certain 
disclosures from post-secondary institutions that participate in 
tuition assistance programs of the Department of Defense.    
Page S7885
  McCain (for Wicker) Amendment No. 1056, to provide for the freedom of 
conscience of military chaplains with respect to the performance of 
marriages.                                                   
Page S7885
  McCain (for Wicker) Amendment No. 1116, to improve the transition of 
members of the Armed Forces with experience in the operation of certain 
motor vehicles into careers operating commercial motor vehicles in the 
private sector.                                              
Page S7885
  Udall (NM) Amendment No. 1153, to include ultralight vehicles in the 
definition of aircraft for purposes of the aviation smuggling 
provisions of the Tariff Act of 1930.                        
Page S7885
  Udall (NM) Amendment No. 1154, to direct the Secretary of Veterans 
Affairs to establish an open burn pit registry to ensure that members 
of the Armed Forces who may have been exposed to toxic chemicals and 
fumes caused by open burn pits while

[[Page D1265]]

deployed to Afghanistan or Iraq receive information regarding such 
exposure.                                                    
Page S7885
  Udall (NM)/Schumer Amendment No. 1202, to clarify the application of 
the provisions of the Buy American Act to the procurement of 
photovoltaic devices by the Department of Defense.           
Page S7885
  McCain (for Corker) Amendment No. 1171, to prohibit funding for any 
unit of a security force of Pakistan if there is credible evidence that 
the unit maintains connections with an organization known to conduct 
terrorist activities against the United States or United States allies.
                                                             Page S7885
  McCain (for Corker) Amendment No. 1172, to require a report outlining 
a plan to end reimbursements from the Coalition Support Fund to the 
Government of Pakistan for operations conducted in support of Operation 
Enduring Freedom.                                            
Page S7885
  McCain (for Corker) Amendment No. 1173, to express the sense of the 
Senate on the North Atlantic Treaty Organization.            
Page S7885
  Levin (for Bingaman) Amendment No. 1117, to provide for national 
security benefits for White Sands Missile Range and Fort Bliss. 
                                                             Page S7885
  Levin (for Gillibrand/Portman) Amendment No. 1187, to expedite the 
hiring authority for the defense information technology/cyber 
workforce.                                                   
Page S7885
  Levin (for Gillibrand/Blunt) Amendment No. 1211, to authorize the 
Secretary of Defense to provide assistance to State National Guards to 
provide counseling and reintegration services for members of reserve 
components of the Armed Forces ordered to active duty in support of a 
contingency operation, members returning from such active duty, 
veterans of the Armed Forces, and their families.            
Page S7885
  Merkley Amendment No. 1239, to expand the Marine Gunnery Sergeant 
John David Fry scholarship to include spouses of members of the Armed 
Forces who die in the line of duty.                          
Page S7885
  Merkley Amendment No. 1256, to require a plan for the expedited 
transition of responsibility for military and security operations in 
Afghanistan to the Government of Afghanistan.                
Page S7885
  Merkley Amendment No. 1257, to require a plan for the expedited 
transition of responsibility for military and security operations in 
Afghanistan to the Government of Afghanistan.                
Page S7885
  Merkley Amendment No. 1258, to require the timely identification of 
qualified census tracts for purposes of the HUBZone program. 
                                                             Page S7885
  Leahy Amendment No. 1087, to improve the provisions relating to the 
treatment of certain sensitive national security information under the 
Freedom of Information Act.                                  
Page S7885
  Leahy/Grassley Amendment No. 1186, to provide the Department of 
Justice necessary tools to fight fraud by reforming the working capital 
fund.                                                        
Page S7885
  Wyden/Merkley Amendment No. 1160, to provide for the closure of 
Umatilla Army Chemical Depot, Oregon.                        
Page S7885
  Wyden Amendment No. 1253, to provide for the retention of members of 
the reserve components on active duty for a period of 45 days following 
an extended deployment in contingency operations or homeland defense 
missions to support their reintegration into civilian life. 
                                                             Page S7885
  Ayotte (for Graham) Amendment No. 1179, to specify the number of 
judge advocates of the Air Force in the regular grade of brigadier 
general.                                                     
Page S7885
  Ayotte (for McCain) Modified Amendment No. 1230, to modify the annual 
adjustment in enrollment fees for TRICARE Prime.             
Page S7885
  Ayotte (for Heller/Kirk) Amendment No. 1137, to provide for the 
recognition of Jerusalem as the capital of Israel and the relocation to 
Jerusalem of the United States Embassy in Israel.            
Page S7885
  Ayotte (for Heller) Amendment No. 1138, to provide for the exhumation 
and transfer of remains of deceased members of the Armed Forces buried 
in Tripoli, Libya.                                           
Page S7885
  Ayotte (for McCain) Amendment No. 1247, to restrict the authority of 
the Secretary of Defense to develop public infrastructure on Guam until 
certain conditions related to Guam realignment have been met. 
                                                             Page S7885
  Ayotte (for McCain) Amendment No. 1246, to establish a commission to 
study the United States Force Posture in East Asia and the Pacific 
region.                                                      
Page S7885
  Ayotte (for McCain) Amendment No. 1229, to provide for greater 
cybersecurity collaboration between the Department of Defense and the 
Department of Homeland Security.                             
Page S7885
  Ayotte (for McCain/Ayotte) Amendment No. 1249, to limit the use of 
cost-type contracts by the Department of Defense for major defense 
acquisition programs.                                        
Page S7885
  Ayotte (for McCain) Amendment No. 1220, to require Comptroller 
General of the United States reports on the Department of Defense 
implementation of justification and approval requirements for certain 
sole-source contracts.                                       
Page S7885
  Ayotte (for McCain/Ayotte) Amendment No. 1132, to require a plan to 
ensure audit readiness of statements of budgetary resources. 
                                                             Page S7885
  Ayotte (for McCain) Amendment No. 1248, to expand the authority for 
the overhaul and repair of

[[Page D1266]]

vessels to the United States, Guam, and the Commonwealth of the 
Northern Mariana Islands.                                    
Page S7885
  Ayotte (for McCain) Amendment No. 1250, to require the Secretary of 
Defense to submit a report on the probationary period in the 
development of the short take-off, vertical landing variant of the 
Joint Strike Fighter.                                        
Page S7885
  Ayotte (for McCain) Amendment No. 1118, to modify the availability of 
surcharges collected by commissary stores.                   
Page S7885
  Sessions Amendment No. 1182, to prohibit the permanent stationing of 
more than two Army Brigade Combat Teams within the geographic 
boundaries of the United States European Command.            
Page S7885
  Sessions Amendment No. 1183, to require the maintenance of a triad of 
strategic nuclear delivery systems.                          
Page S7885
  Sessions Amendment No. 1184, to limit any reduction in the number of 
surface combatants of the Navy below 313 vessels.            
Page S7885
  Sessions Amendment No. 1185, to require a report on a missile defense 
site on the East Coast of the United States.                 
Page S7885
  Sessions Amendment No. 1274, to clarify the disposition under the law 
of war of persons detained by the Armed Forces of the United States 
pursuant to the Authorization for Use of Military Force.     
Page S7885
  Levin (for Reed) Amendment No. 1146, to provide for the participation 
of military technicians (dual status) in the study on the termination 
of military technician as a distinct personnel management category. 
                                                             Page S7885
  Levin (for Reed) Amendment No. 1147, to prohibit the repayment of 
enlistment or related bonuses by certain individuals who become 
employed as military technicians (dual status) while already a member 
of a reserve component.                                      
Page S7885
  Levin (for Reed) Amendment No. 1148, to provide rights of grievance, 
arbitration, appeal, and review beyond the adjutant general for 
military technicians.                                        
Page S7885
  Levin (for Reed) Amendment No. 1204, to authorize a pilot program on 
enhancements of Department of Defense efforts on mental health in the 
National Guard and Reserves through community partnerships. 
                                                             Page S7885
  Levin (for Reed) Amendment No. 1294, to enhance consumer credit 
protections for members of the Armed Forces and their dependents. 
                                                         Pages S7885-86
  Levin Amendment No. 1293, to authorize the transfer of certain high-
speed ferries to the Navy.                                   
Page S7886
  Levin (for Boxer) Amendment No. 1206, to implement common sense 
controls on the taxpayer-funded salaries of defense contractors. 
                                                             Page S7886
  Chambliss Amendment No. 1304, to require a report on the 
reorganization of the Air Force Materiel Command.            
Page S7886
  Levin (for Brown (OH)) Amendment No. 1259, to link domestic 
manufacturers to defense supply chain opportunities.         
Page S7886
  Levin (for Brown (OH)) Amendment No. 1260, to strike 846, relating to 
a waiver of ``Buy American'' requirements for procurement of components 
otherwise producible overseas with specialty metal not produced in the 
United States.                                               
Page S7886
  Levin (for Brown (OH)) Amendment No. 1261, to extend treatment of 
base closure areas as HUBZones for purposes of the Small Business Act. 
                                                             Page S7886
  Levin (for Brown (OH)) Amendment No. 1262, to clarify the meaning of 
``produced'' for purposes of limitations on the procurement by the 
Department of Defense of specialty metals within the United States. 
                                                             Page S7886
  Levin (for Brown (OH)) Amendment No. 1263, to authorize the 
conveyance of the John Kunkel Army Reserve Center, Warren, Ohio. 
                                                             Page S7886
  Levin (for Leahy) Amendment No. 1080, to clarify the applicability of 
requirements for military custody with respect to detainees. 
                                                             Page S7886
  Levin (for Wyden) Amendment No. 1296, to require reports on the use 
of indemnification agreements in Department of Defense contracts. 
                                                             Page S7886
  Levin (for Pryor) Amendment No. 1151, to authorize a death gratuity 
and related benefits for Reserves who die during an authorized stay at 
their residence during or between successive days of inactive duty 
training.                                                    
Page S7886
  Levin (for Pryor) Amendment No. 1152, to recognize the service in the 
reserve components of the Armed Forces of certain persons by honoring 
them with status as veterans under law.                      
Page S7886
  Levin (for Nelson (FL)) Amendment No. 1209, to repeal the requirement 
for reduction of survivor annuities under the Survivor Benefit Plan by 
veterans' dependency and indemnity compensation.             
Page S7886
  Levin (for Nelson (FL)) Amendment No. 1210, to require an assessment 
of the advisability of stationing additional DDG-51 class destroyers at 
Naval Station Mayport, Florida.                              
Page S7886
  Levin (for Nelson (FL)) Amendment No. 1236, to require a report on 
the effects of changing flag officer positions within the Air Force 
Material Command.                                            
Page S7886
  Levin (for Nelson (FL)) Amendment No. 1255, to require an 
epidemiological study on the health of

[[Page D1267]]

military personnel exposed to burn pit emissions at Joint Base Balad. 
                                                             Page S7886
  Ayotte (for McCain) Amendment No. 1281, to require a plan for 
normalizing defense cooperation with the Republic of Georgia. 
                                                             Page S7886
  Ayotte (for Blunt/Gillibrand) Amendment No. 1133, to provide for 
employment and reemployment rights for certain individuals ordered to 
full-time National Guard duty.                               
Page S7886
  Ayotte (for Blunt) Amendment No. 1134, to require a report on the 
policies and practices of the Navy for naming vessels of the Navy. 
                                                             Page S7886
  Ayotte (for Murkowski) Amendment No. 1286, to require a Department of 
Defense Inspector General report on theft of computer tapes containing 
protected information on covered beneficiaries under the TRICARE 
program.                                                     
Page S7886
  Ayotte (for Murkowski) Amendment No. 1287, to provide limitations on 
the retirement of C-23 aircraft.                             
Page S7886
  Ayotte (for Rubio) Amendment No. 1290, to strike the national 
security waiver authority in section 1032, relating to requirements for 
military custody.                                            
Page S7886
  Ayotte (for Rubio) Amendment No. 1291, to strike the national 
security waiver authority in section 1033, relating to requirements for 
certifications relating to transfer of detainees at United States Naval 
Station, Guantanamo Bay, Cuba, to foreign countries and entities. 
                                                             Page S7886
  Levin (for Menendez/Kirk) Amendment No. 1414, to require the 
imposition of sanctions with respect to the financial sector of Iran, 
including the Central Bank of Iran.                          
Page S7903
   A motion was entered to close further debate on the bill, and, in 
accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, a vote on cloture will occur on Wednesday, November 30, 
2011.                                                        
Page S7886
  A unanimous-consent-time agreement was reached providing for further 
consideration of the bill at 11 a.m., on Tuesday, November 29, 2011; 
and that Senator Udall (CO) be recognized to call up Amendment No. 
1107; that notwithstanding cloture being invoked, if invoked, that at a 
time to be determined by the Majority Leader, after consultation with 
the Republican Leader, and prior to the vote on passage of the bill, 
there be up to one hour of debate equally divided in the usual form on 
Levin (for Menendez/Kirk) Amendment No. 1414 (listed above); that upon 
the use or yielding back of time, Senate vote on or in relation to the 
amendment; provided further that no amendments, motions or points of 
order be in order to the amendment prior to the vote other than budget 
points of order and the applicable motions to waive; and that the 
first-degree filing deadline for the bill be at 2:30 p.m.    
Page S7935
Message from the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, a report relative to the issuance of 
an Executive Order to take additional steps with respect to the 
national emergency originally declared on March 15, 1995 in Executive 
Order 12957 with respect to Iran, received during adjournment of the 
Senate on November 21, 2011; which was referred to the Committee on 
Banking, Housing, and Urban Affairs. (PM-35)             
Pages S7905-07
Nomination Confirmed: Senate confirmed the following nomination:
  By a unanimous vote of 88 yeas (Vote No. EX. 209), Christopher 
Droney, of Connecticut, to be United States Circuit Judge for the 
Second Circuit.                                       
Pages-S7898-S7902
Messages from the House:                                     
  Page S7907
Measures Read the First Time:                        
  Pages S7907, S7935
Executive Communications:                                
  Pages S7907-08
Additional Cosponsors:                                   
  Pages S7908-11
Statements on Introduced Bills/Resolutions:                  
  Page S7911
Additional Statements:                                       
  Page S7905
Amendments Submitted:                                    
  Pages S7911-35
Notices of Hearings/Meetings:                                
  Page S7935
Privileges of the Floor:                                     
  Page S7935
Record Votes: One record vote was taken today. (Total--209) 
                                                             Page S7902
Adjournment: Senate convened at 1 p.m. and adjourned at 7:30 p.m., 
until 10 a.m. on Tuesday, November 29, 2011. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S7935.)