[Congressional Record Volume 157, Number 183 (Thursday, December 1, 2011)]
[Daily Digest]
[Pages D1295-D1299]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                         Thursday, December 1, 2011

[[Page D1295]]

                              Daily Digest


HIGHLIGHTS

      See Resume of Congressional Activity.
      Senate passed National Defense Authorization bills.


                                 Senate


Chamber Action
Routine Proceedings, pages S8079-S8159
Measures Introduced: Seven bills and two resolutions were introduced, 
as follows: S. 1933-1939, S. Res. 342, and S. Con. Res. 33. 
                                                         Pages S8148-49
Measures Reported:
  S. Res. 227, calling for the protection of the Mekong River Basin and 
increased United States support for delaying the construction of 
mainstream dams along the Mekong River, with an amendment in the nature 
of a substitute and with an amended preamble.
  S. Res. 316, expressing the sense of the Senate regarding Tunisia's 
peaceful Jasmine Revolution, and with an amended preamble.
  S. 671, to authorize the United States Marshals Service to issue 
administrative subpoenas in investigations relating to unregistered sex 
offenders, with an amendment in the nature of a substitute.
  S. 1792, to clarify the authority of the United States Marshal 
Service to assist other Federal, State, and local law enforcement 
agencies in the investigation of cases involving sex offenders and 
missing children.                                            
Page S8148
Measures Passed:
  Department of Defense Authorization Act: By 93 yeas to 7 nays (Vote 
No. 218), Senate passed 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, 
after taking action on the following amendments proposed thereto: 
                                                       Pages S8094-8138
Adopted:
  Begich Modified 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. 
                                                  Pages S8094, S8116-17
  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.                               
Pages S8095, S8116
  Levin (for Reed) Modified 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.                                         
Pages S8095, S8116-17
  Levin Modified Amendment No. 1293, to authorize the transfer of 
certain high-speed ferries to the Navy.           
Pages S8095, S8116-17
  Levin (for Boxer) Amendment No. 1206, to implement common sense 
controls on the taxpayer-funded salaries of defense contractors. 
                                    Pages S8095, S8109, S8115-16, S8116
  Chambliss Modified Amendment No. 1304, to require a report on the 
alignment, organizational reporting, and performance rating of Air 
Force system program managers, sustainment program managers, and 
product support managers at Air Logistics Centers or Air Logistics 
Complexes.                                        
Pages S8095, S8116-17
  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.                                            
Pages S8095, S8116
  Levin (for Nelson (FL)) Amendment No. 1236, to require a report on 
the effects of changing flag officer positions within the Air Force 
Materiel Command.                                    
Pages S8095, S8116
  Ayotte (for Blunt/Gillibrand) Modified Amendment No. 1133, to provide 
for employment and reemployment rights for certain individuals ordered 
to full-time National Guard duty.                 
Pages S8095, S8116-17

[[Page D1296]]


  Ayotte (for Murkowski) Modified Amendment No. 1287, to provide 
limitations on the retirement of C-23 aircraft.   
Pages S8095, S8116-17
  McCain (for Brown (MA)) Modified 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. 
                                        Pages S8094-95, S8115, S8116-17
  By 99 yeas to 1 nay (Vote No. 215), Feinstein Amendment No. 1456, of 
a perfecting nature.                              
Pages S8123-24, S8125
  By a unanimous vote of 100 yeas (Vote No. 216), 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.                                   
Pages S8095, S8105-07, S8125-26
  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.     
Pages S8095, S8126
  Leahy Modified Amendment No. 1087, to improve the provisions relating 
to the treatment of certain sensitive national security information 
under the Freedom of Information Act.                    
Pages S8127-28
  Udall (NM)/Schumer Modified 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. 
                                                     Pages S8095, S8128
  Rejected:
  By 45 yeas to 55 nays (Vote No. 213), Feinstein Amendment No. 1125, 
to clarify the applicability of requirements for military custody with 
respect to detainees.                
Pages S8094, S8095-S8105, S8107-08
  By 45 yeas to 55 nays (Vote No. 214), Feinstein Amendment No. 1126, 
to limit the authority of the Armed Forces to detain citizens of the 
United States under section 1031. 
                              Pages S8094, S8110-11, S8122-23, S8124-25
  By 41 yeas to 59 nays (Vote No. 217), 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.                      
Pages S8095, S8113-15, S8126-27
Withdrawn:
  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.                          
Pages S8094, S8107
  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.                                    
Pages S8094, S8117
  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. 
                                                     Pages S8094, S8117
  Ayotte (for Rubio) Amendment No. 1290, to strike the national 
security waiver authority in section 1032, relating to requirements for 
military custody.                                    
Pages S8095, S8122
  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.        
Pages S8095, S8122
  Levin (for Leahy) Amendment No. 1080, to clarify the applicability of 
requirements for military custody with respect to detainees. 
                                                     Pages S8095, S8126
  During consideration of this measure today, Senate also took the 
following action:
  Chair sustained a point of order under Rule XXII, that the following 
amendments were not germane, and the amendments thus fell:
  Levin (for Nelson (FL)) Amendment No. 1255, to require an 
epidemiological study on the health of military personnel exposed to 
burn pit emissions at Joint Base Balad.                      
Page S8095
  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 S8095
  Levin (for Reed) Amendment No. 1294, to enhance consumer credit 
protections for members of the Armed Forces and their dependents. 
                                                             Page S8095
  Levin (for Brown (OH)) Amendment No. 1259, to link domestic 
manufacturers to defense supply chain opportunities.         
Page S8095
  Levin (for Brown (OH)) Amendment No. 1261, to extend treatment of 
base closure areas as HUBZones for purposes of the Small Business Act. 
                                                             Page S8095
  Levin (for Brown (OH)) Amendment No. 1263, to authorize the 
conveyance of the John Kunkel Army Reserve Center, Warren, Ohio. 
                                                             Page S8095
  Levin (for Wyden) Amendment No. 1296, to require reports on the use 
of indemnification agreements in Department of Defense contracts. 
                                                             Page S8095
  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 S8095

[[Page D1297]]


  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 S8095
  Sessions Amendment No. 1184, to limit any reduction in the number of 
surface combatants of the Navy below 313 vessels.            
Page S8095
  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 S8095
  Levin (for Reed) Amendment No. 1148, to provide rights of grievance, 
arbitration, appeal, and review beyond the adjutant general for 
military technicians.                                        
Page S8095
  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 S8095
  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 S8095
  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 S8095
  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 S8095
  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 S8095
  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 S8095
  Ayotte (for McCain) Amendment No. 1248, to expand the authority for 
the overhaul and repair of vessels to the United States, Guam, and the 
Commonwealth of the Northern Mariana Islands.                
Page S8095
  Ayotte (for McCain) Amendment No. 1118, to modify the availability of 
surcharges collected by commissary stores.                   
Page S8095
  Levin (for Bingaman) Amendment No. 1117, to provide for national 
security benefits for White Sands Missile Range and Fort Bliss. 
                                                             Page S8095
  Levin (for Gillibrand/Portman) Amendment No. 1187, to expedite the 
hiring authority for the defense information technology/cyber 
workforce.                                                   
Page S8095
  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 S8095
  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 S8095
  Merkley Amendment No. 1258, to require the timely identification of 
qualified census tracts for purposes of the HUBZone program. 
                                                             Page S8095
  Leahy/Grassley Amendment No. 1186, to provide the Department of 
Justice necessary tools to fight fraud by reforming the working capital 
fund.                                                        
Page S8095
  Wyden/Merkley Amendment No. 1160, to provide for the closure of 
Umatilla Army Chemical Depot, Oregon.                        
Page S8095
  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 S8095
  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 S8094
  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 S8094
  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 S8095
  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 S8095
  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 deployed to Afghanistan or Iraq 
receive information regarding such exposure.                 
Page S8095

[[Page D1298]]


  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 S8095
  McCain (for Corker) Amendment No. 1173, to express the sense of the 
Senate on the North Atlantic Treaty Organization.            
Page S8095
  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 S8094
  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 S8094
  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 S8094
  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 S8094
  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 S8094
  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 S8094
  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 S8094
  Franken Amendment No. 1197, to require contractors to make timely 
payments to subcontractors that are small business concerns. 
                                                             Page S8094
  Chair sustained a point of order that the following amendment is 
dilatory under cloture, and the amendment thus fell:
  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 S8094
  Chair sustained a point of order that the following amendment is 
drafted improperly, and the amendment thus fell:
  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 S8095
  National Defense Authorization Act: Committee on Armed Services was 
discharged from further consideration of H.R. 1540, 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, and the bill was then passed, after 
striking all after the enacting clause and inserting in lieu thereof 
the text of S. 1867, as amended.                             
  Page S8138
  Senate insisted on its amendment, requested a conference with the 
House on the disagreeing votes of the two Houses, and the Chair was 
authorized to appoint the following conferees on the part of the 
Senate: Senators Levin, Lieberman, Reed, Akaka, Nelson (NE), Webb, 
McCaskill, Udall (CO), Hagan, Begich, Manchin, Shaheen, Gillibrand, 
Blumenthal, McCain, Inhofe, Sessions, Chambliss, Wicker, Brown (MA), 
Portman, Ayotte, Collins, Graham, Cornyn, and Vitter.        
Page S8138
  National Guard and Reservist Debt Relief Extension Act: Senate passed 
H.R. 2192, to exempt for an additional 4-year period, from the 
application of the means-test presumption of abuse under chapter 7, 
qualifying members of reserve components of the Armed Forces and 
members of the National Guard who, after September 11, 2001, are called 
to active duty or to perform a homeland defense activity for not less 
than 90 days.                                            
  Pages S8158-59
Measures Considered:
Payroll Tax Relief: Senate continued consideration of the motion to 
proceed to consideration of S. 1917, to create jobs by providing 
payroll tax relief for middle class families and businesses. 
                                                         Pages S8138-39
  During consideration of this measure today, Senate also took the 
following action:
  By 51 yeas to 49 nays (Vote No. 219), Senate rejected the motion to 
proceed to consideration of the bill. (A unanimous-consent agreement 
was reached providing that the motion to proceed, having failed to 
achieve 60 affirmative votes, the motion to proceed was not agreed to.)
                                                             Page S8139
  A unanimous-consent agreement was reached providing that the motion 
to invoke cloture on the motion to proceed to consideration of the 
bill, be withdrawn.                                          
Page S8139

[[Page D1299]]

Payroll Tax Relief: Senate began consideration of the motion to proceed 
to consideration of the motion to proceed to S. 1931, to provide 
civilian payroll tax relief, to reduce the Federal budget deficit, and 
for other purposes.                                          
  Page S8139
  By 20 yeas to 78 nays (Vote No. 220), Senate rejected the motion to 
proceed to consideration of the bill. (A unanimous-consent agreement 
was reached providing that the motion to proceed, having failed to 
achieve 60 affirmative votes, the motion to proceed was not agreed to.)
                                                             Page S8139
Halligan Nomination--Cloture: Senate began consideration of the 
nomination of Caitlin Joan Halligan, of New York, to be United States 
Circuit Judge for the District of Columbia Circuit.          
  Page S8140
   A motion was entered to close further debate on the nomination, and, 
in accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, and pursuant to the unanimous-consent agreement of 
Thursday, December 1, 2011, a vote on cloture will occur on Tuesday, 
December 6, 2011.                                            
Page S8140
  A unanimous-consent agreement was reached providing that on Tuesday, 
December 6, 2011, at 11 a.m., Senate resume consideration of the 
nomination; that there be one hour for debate equally divided in the 
usual form prior to the cloture vote.                        
Page S8140
Judicial Nominations--Agreement: A unanimous-consent agreement was 
reached providing that at 4:30 p.m., on Monday, December 5, 2011, 
Senate begin consideration of the nominations of Edgardo Ramos, of 
Connecticut, to be United States District Judge for the Southern 
District of New York, Andrew L. Carter, Jr., of New York, to be United 
States District Judge for the Southern District of New York, James 
Rodney Gilstrap, of Texas, to be United States District Judge for the 
Eastern District of Texas, and Dana L. Christensen, of Montana, to be 
United States District Judge for the District of Montana, under the 
order of Friday, November 18, 2011.                          
  Page S8159
Nominations Received: Senate received the following nominations:
  Marilyn B. Tavenner, of Virginia, to be Administrator of the Centers 
for Medicare and Medicaid Services.
  A routine list in the Army.                                
Page S8159
Nomination Withdrawn: Senate received notification of withdrawal of the 
following nomination:
  Donald M. Berwick, of Massachusetts, to be Administrator of the 
Centers for Medicare and Medicaid Services, which was sent to the 
Senate on January 26, 2011.                                  
Page S8159
Messages from the House:                                     
  Page S8146
Measures Placed on the Calendar:                     
  Pages S8079, S8146
Executive Communications:                                
  Pages S8146-48
Executive Reports of Committees:                             
  Page S8148
Additional Cosponsors:                                   
  Pages S8149-51
Statements on Introduced Bills/Resolutions:              
  Pages S8151-57
Additional Statements:                                   
  Pages S8144-45
Amendments Submitted:                                        
  Page S8157
Notices of Hearings/Meetings:                                
  Page S8157
Authorities for Committees to Meet:                      
  Pages S8157-58
Privileges of the Floor:                                     
  Page S8158
Record Votes: Eight record votes were taken today. (Total--220) 
                                 Pages S8107-08, S8125-27, S8137, S8139
Adjournment: Senate convened at 9:30 a.m. and adjourned at 9:52 p.m., 
until 2 p.m. on Monday, December 5, 2011. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S8159.)