[Congressional Record Volume 158, Number 72 (Friday, May 18, 2012)]
[Daily Digest]
[Pages D495-D500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 27 public bills, H.R. 5826-
5852; and 4 resolutions, H.J. Res. 109; H. Con. Res. 125; and H. Res. 
665-666 were introduced.                                 
  Pages H3161-62
Additional Cosponsors:                                   
  Pages H3163-64
Reports Filed: Reports were filed today as follows:
  H.R. 4114, to increase, effective as of December 1, 2012, the rates 
of compensation for veterans with service-connected disabilities and 
the rates of dependency and indemnity compensation for the survivors of 
certain disabled veterans, and for other purposes (H. Rept. 112-486);
  H.R. 3670, to require the Transportation Security Administration to 
comply with the Uniformed Services Employment and Reemployment Rights 
Act (H. Rept. 112-487, Pt. 1); and
  H.R. 4201, to amend the Servicemembers Civil Relief Act to provide 
for the protection of child custody arrangements for parents who are 
members of the Armed Forces (H. Rept. 112-488).              
Page H3161
National Defense Authorization Act for Fiscal Year 2013: The House 
passed H.R. 4310, to authorize appropriations for fiscal year 2013 for 
military activities of the Department of Defense and to prescribe 
military personnel strengths for fiscal year 2013, by a recorded vote 
of 299 ayes to 120 noes, Roll No. 291. Consideration of the measure 
began on Wednesday, May 16th.                            
  Pages H3109-45
  Rejected the Garamendi motion to recommit the bill to the Committee 
on Armed Services with instructions to report the same back to the 
House forthwith with amendments, by a recorded vote of 182 ayes to 236 
noes, Roll No. 290.                                      
Pages H3143-44
  Agreed to amend the title so as to read: ``To authorize 
appropriations for fiscal year 2013 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 for other purposes.''.   
Page H3145
Agreed to:
  Gohmert amendment (No. 45 printed in H. Rept. 112-485) that was 
debated on May 17th that clarifies that the FY 2012 National Defense 
Authorization Act and the 2001 Authorization for Use of Military Force 
(AUMF) do not deny the writ of habeas corpus or deny any Constitutional 
rights for persons detained in the United States under the AUMF who are 
entitled to such rights (by a recorded vote of 243 ayes to 173 noes, 
Roll No. 271);                                           
Pages H3110-11
  Cummings amendment (No. 26 printed in H. Rept. 112-485) that was 
debated on May 17th that expands the protections under the 
Servicemembers Civil Relief Act (SCRA) to include servicemembers

[[Page D496]]

serving in a contingency operation, surviving spouses of servicemembers 
whose deaths are service-connected, and veterans who are totally 
disabled at the time of discharge; and to repeal the sunset provision 
that is set to expire at the end of this year and increases fines for 
violations of the SCRA (by a recorded vote of 394 ayes to 27 noes, Roll 
No. 276);                                                
Pages H3113-14
  Price (GA) amendment (No. 32 printed in H. Rept. 112-485) that was 
debated on May 17th that prohibits the President from making unilateral 
reductions to US nuclear forces (by a recorded vote of 241 ayes to 179 
noes, Roll No. 280);                                     
Pages H3116-17
  Rigell amendment (No. 38 printed in H. Rept. 112-485) that was 
debated on May 17th that replaces the pending sequester of 
discretionary spending for fiscal year 2013 and replaces it by reducing 
the discretionary spending limit for that year so that it conforms with 
the concurrent resolution on the budget deemed in force in the House, 
but this replacement is contingent upon the enactment of spending 
reductions over five years of at least the amount of the sequester it 
supplants; and to also require a detailed report on the impact of the 
sequestration of funds authorized and appropriated for Fiscal Year 2013 
for the Department of Defense (by a recorded vote of 220 ayes to 201 
noes, Roll No. 281);                                         
Page H3117
  Duncan (SC) amendment (No. 47 printed in H. Rept. 112-485) that was 
debated on May 17th that limits funds authorized to be appropriated by 
this Act to any institution or organization established by the 
Convention on the Law of the Sea, including the International Seabed 
Authority, the International Tribunal for the Law of the Sea, and the 
Commission on the Limits of the Continental Shelf (by a recorded vote 
of 229 ayes to 193 noes, Roll No. 283);                  
Pages H3118-19
  Coffman amendment (No. 48 printed in H. Rept. 112-485) that was 
debated on May 17th that authorizes the President to remove all Brigade 
Combat Teams that are permanently stationed in Europe and replace them 
with a rotational force (by a recorded vote of 226 ayes to 196 noes, 
Roll No. 284);                                               
Page H3119
  Franks (AZ) amendment (No. 54 printed in H. Rept. 112-485) that was 
debated on May 17th that limits the availability of funds for nuclear 
nonproliferation activities with the Russian Federation (by a recorded 
vote of 241 ayes to 181 noes, Roll No. 286);             
Pages H3120-21
  McKeon en bloc amendment No. 4 that consists of the following 
amendments printed in H. Rept. 112-485; Heinrich amendment (No. 56) 
that authorizes a pilot program between one national laboratory and one 
non-profit entity for the purpose of accelerating technology transfer 
from national laboratories to the marketplace; Tierney amendment (No. 
58) that requires the Secretary of Defense to submit to Congress a 
report assessing the manufacturing industry of the United States as it 
relates to the ability of the United States to respond to both civilian 
and defense needs; Garamendi amendment (No. 61) that requires an 
assessment of the United States' manufacturing capability to produce 
three-dimensional integrated circuits and potential ways to overcome 
the challenges to encourage U.S. manufacturing; Kind amendment (No. 67) 
that allows the Secretary of Defense to enter into a military 
cooperative agreement for the operation and maintenance of any State 
training center certified by the Federal Emergency Management Agency as 
capable of providing emergency response training; Tierney amendment 
(No. 68) that requires the Secretary of Defense to submit annually to 
the relevant Congressional committees a report on the status of the 
targets listed in the document entitled ``Operational Energy Strategy: 
Implementation Plan, Department of Defense, March 2012''; Kind 
amendment (No. 78) that waives the time limitation for the award of the 
Medal of Honor to Lt. Alonzo Cushing for heroic deeds during the Civil 
War; Nugent amendment (No. 79) that expands the eligibility for the 
Army Combat Action Badge to include those who served from December 7, 
1941, to September 18, 2001; Langevin amendment (No. 106) that directs 
the Director of the Defense Forensic Office to evaluate opportunities 
to increase the matching success rate when forensic data is collected 
during site exploitation to match forensic data stored in DNA 
databases; Sablan amendment (No. 113) that amends 10 U.S.C. 2249(b) to 
require that the official flags of the District of Columbia and the 
U.S. Territories be displayed whenever the flags of the States are 
displayed by the U.S. Armed Forces; Thornberry amendment (No. 114) that 
amends the United States Information and Educational Exchange Act of 
1948 and the Foreign Relations Authorization Act, Fiscal Years 1986 and 
1987 to clarify the authorities of the Department of State and the 
Broadcasting Board of Governors to prepare, disseminate and use public 
diplomacy information abroad and to strike the current ban on domestic 
dissemination of such material; Thornberry amendment (No. 115) that 
requires the President to submit to Congress a charter to establish an 
interagency body to coordinate and deconflict full-spectrum military 
cyber operations; Tierney amendment (No. 116) that requires the 
President to submit the final report from the National Security 
Council's Interagency Policy Committee on Security Sector Assistance 
and the Secretaries of Defense and State shall jointly submit a plan to 
institute mechanisms to better coordinate, document, disseminate,

[[Page D497]]

and share information, analysis and assessments regarding United States 
foreign police assistance activities; Thornberry amendment (No. 120) 
that modifies the reporting requirements in the Report on Progress 
Toward Security and Stability in Afghanistan required by Section 1230 
of the National Defense Authorization Act for FY2008; Conaway amendment 
(No. 122) that builds upon current economic sanctions and diplomatic 
efforts designed to prevent Iran from obtaining a nuclear weapon; 
Conyers amendment (No. 123) that clarifies that nothing in the bill 
shall be construed as authorizing the use of force against Iran; and 
Duncan (SC) amendment (No. 125) that limits funds authorized to be 
appropriated by this Act to U.S. participation in joint military 
exercises with Egypt if the Government of Egypt abrogates, terminates, 
or withdraws from the 1979 Israeli-Egypt peace treaty;   
Pages H3121-26
  McKeon en bloc amendment No. 5 that consists of the following 
amendments printed in H. Rept. 112-485: McDermott amendment (No. 62) 
that amends Section 315 of Title III to require a report on the sharing 
of environmental exposure data with the Secretary of Veterans Affairs 
for use in medical and treatment records of veterans; Pierluisi 
amendment (No. 64) that expresses the Sense of Congress regarding 
decontamination of and removal of unexploded ordnance from the former 
bombardment area on the island of Culebra, Puerto Rico; Quigley 
amendment (No. 70) that requires the GAO to conduct a review of the 
policies and procedures of the DoD for the handling, labeling and 
packing of hazardous material shipments and make recommendations to the 
appropriate committees regarding the safe, timely, and cost-effective 
handling of such material; McKinley amendment (No. 72) that directs the 
Secretary of Defense to develop an online tour calculator so that Guard 
and Reserve members can keep tabs on their earned early retirement 
credit; Velizquez amendment (No. 73) that requires each branch of the 
military to develop and implement an expedited procedure to transfer a 
service member who has been the victim of hazing to another unit; Walsh 
amendment (No. 76) that authorizes the Secretary of Defense to include 
industry-recognized certifications in its pilot program on 
credentialing and licensing for members of the armed forces; Dent 
amendment (No. 81) that authorizes the Secretary of Defense to conduct 
a feasibility study for the issuance of a summary of the DD-214 form 
for a member of the armed forces expected to be discharged under 
conditions other than dishonorable in the form of an identification 
card; Richardson amendment (No. 82) that adds DoD websites to the list 
of places for posting information on sexual assault prevention and 
response resources; Andrews amendment (No. 88) that makes technical and 
clarifying changes to a section of the bill requiring a report on the 
transition away from the use of live tissue in certain medical 
training; Sessions amendment (No. 90) that directs the Secretaries of 
Defense and Veterans Affairs to carry out a five-year pilot program 
under which each Secretary establishes a process for providing payments 
to facilities for treatments of traumatic brain injury or post-
traumatic stress disorder received by members of the Armed Forces and 
veterans in facilities other than military treatment facilities or 
Department of Veterans Affairs medical facilities; Rogers (MI) 
amendment (No. 99) that clarifies that the provision regarding military 
activities in cyberspace does not authorize covert action or alter the 
requirements of the covert action statute and provides for reporting of 
intelligence and intelligence-related support to military activities in 
cyberspace to the Congressional intelligence committees; Pierluisi 
amendment (No. 101) that expresses the Sense of Congress regarding the 
counterdrug Tethered Aerostat Radar System (TARS) program, stating that 
all appropriate steps should be taken to ensure that the eight current 
tethered aerostat systems are fully functional and that the TARS 
program is providing coverage to protect jurisdictions of the United 
States in the Caribbean region, as well as jurisdictions of the United 
States along the United States-Mexico border and in the Florida 
Straits; and Richardson amendment (No. 112) that provides a sense of 
Congress that the United States Northern Command plays a crucial role 
in providing additional response capability to State and local 
governments;                                             
Pages H3126-30
  McKeon en bloc amendment No. 6 that consists of the following 
amendments printed in H. Rept. 112-485: Johnson (GA) amendment (No. 92) 
that supports efforts to educate service members, veterans, military 
families, and the public about PTSD and to coordinate efforts across 
the federal government to promote prevention, diagnosis, and treatment 
of PTSD; Bass (CA) amendment (No. 96) that requires DoD to include an 
evaluation of practices related to human trafficking in contractor 
performance assessments; Braley amendment (No. 103) that requires a 
report from the President on the long-term costs of military operations 
in Iraq, Afghanistan and Libya; Harper amendment (No. 105) that 
requires a review and report by the Secretary of the Air Force on the 
cancellation or consolidation of the Air National Guard Component 
Numbered Air Force Augmentation Force; McCollum amendment (No. 108) 
that limits the DoD's spending on military bands at $200 million; 
Cicilline amendment (No. 118) that strengthens the certification 
language in Sec. 1211 related to Pakistan; Cicilline amendment (No. 
121)

[[Page D498]]

that ties funding of the Pakistan Counterinsurgency Fund to 
certification requirements to ensure Pakistan is making significant 
efforts toward the implementation of a strategy to counter improvised 
explosive devices (IEDs); Schrader amendment (No. 129) that amends the 
Small Business Act to direct the Administrator of the Small Business 
Administration to establish and carry out a program to provide 
increased access to Federal contract opportunities for early stage 
small businesses; Fitzpatrick amendment (No. 131) that requires 
veteran-owned small businesses to receive all preferences accorded to 
other groups in government contracting except for those given to 
service disabled veteran owned small businesses; Lankford amendment 
(No. 132) that eliminates the practice of human trafficking by 
government contractors by closing loopholes and increasing appropriate 
enforcement capabilities; Doggett amendment (No. 134) that ensures the 
DoD includes overseas military bases in criteria used to consider and 
recommend domestic military installations for closure or realignment; 
Critz amendment (No. 135) that requires the Air Force to retain core 
functions of the Air Traffic Control Station at Johnstown Air National 
Guard Base; Young (AK) amendment (No. 136) that gives Congress 
additional and much-needed oversight over present and future large 
permanent military force reductions; Lujan amendment (No. 138) that 
authorizes a study of a multi-agency governance model for national 
security laboratories; Landry amendment (No. 139) that strikes Section 
3503 of the legislation; and Young (AK) amendment (No. 141) that 
expresses the sense of Congress that the DoD should expedite completion 
of the study of the Nation's strategic ports called for in the National 
Defense Authorization Act for Fiscal Year 2012 Conference Report 112-
329;                                                     
Pages H3130-36
  Hunter amendment (No. 77 printed in H. Rept. 112-485) that requires 
that the Navy, no later than 30 days after enactment, provide the 
Committee on House Armed Services with a report on the Navy's review, 
findings and actions pertaining to Medal of Honor nominee Marine Corps 
Sergeant Rafael Peralta and requires that the report account for all 
evidence submitted;                                      
Pages H3138-39
  Flake amendment (No. 119 printed in H. Rept. 112-485) that requires 
that a period of 30 days elapse between the date the Secretaries of 
Defense and State submit to Congress an update to the report on the 
strategy to utilize the Pakistan Counterinsurgency Fund and Congress 
making the remaining 90 percent of the funds available for assistance 
to Pakistan;                                                 
Page H3140
  Rehberg amendment (No. 59 printed in H. Rept. 112-485) that bans any 
reductions to the strategic nuclear triad unless the Secretary of 
Defense certifies that: (1) further reductions in the Russian 
Federation's arsenal are needed for compliance with New START limits; 
and (2) Russia is not developing or deploying nuclear delivery systems 
not covered by New START limits; also protects all three legs of the 
nuclear triad from elimination (by a recorded vote of 238 ayes to 162 
noes, Roll No. 288); and                       
Pages H3136-38, H3141-42
  Price (GA) amendment (No. 111 printed in H. Rept. 112-485) that 
requires the Department of Justice to order an investigation into the 
possible violation of U.S. law regarding numerous leaks of sensitive 
information involving U.S. and Israeli military, intelligence, and 
operational capabilities and to provide the Administration with 30 days 
after bill becomes law to begin its investigation and 60 days after 
enactment to report to Congress (by a recorded vote of 379 ayes to 38 
noes, Roll No. 289).                           
Pages H3139-40, H3142-43
Rejected:
  Smith (WA) amendment (No. 46 printed in H. Rept. 112-485) that was 
debated on May 17th that sought to strike section 1022 of the FY2012 
NDAA and amends Section 1021 of same Act to eliminate indefinite 
military detention of any person detained under AUMF authority in US, 
territories or possessions by providing immediate transfer to trial and 
proceedings by a court established under Article III of the 
Constitution of the United States or by an appropriate State court (by 
a recorded vote of 182 ayes to 238 noes, Roll No. 270); 
                                                         Pages H3109-10
  Coffman amendment (No. 17 printed in H. Rept. 112-485) that was 
debated on May 17th that sought to reintroduce competition to the 
contracting of government services and repeal the moratorium on A-76 
procedures (by a recorded vote of 209 ayes to 211 noes, Roll No. 272); 
                                                             Page H3111
  Keating amendment (No. 18 printed in H. Rept. 112-485) that was 
debated on May 17th that sought to freeze the transfer, reduction or 
elimination of Air National Guard units supporting an Air and Space 
Operations Center or an Air Force Forces Staff until the impact of the 
unit's loss and certain other information is provided to Congress (by a 
recorded vote of 192 ayes to 229 noes, Roll No. 273);    
Pages H3111-12
  Broun (GA) amendment (No. 19 printed in H. Rept. 112-485) that was 
debated on May 17th that sought to eliminate the maximum age limitation 
for individuals seeking to enlist in the U.S. military, provided they 
meet all of the other current qualifications for enlistment (by a 
recorded vote of 164 ayes to 256 noes, Roll No. 274);    
Pages H3112-13
  Carson amendment (No. 20 printed in H. Rept. 112-485) that was 
debated on May 17th that sought

[[Page D499]]

to prohibit military promotion boards from considering any information 
from official documents, word of mouth, or in writing on the pursuit of 
treatment or counseling for mental health or addiction issues and to 
require the information on this prohibition to be promulgated to 
current service members (by a recorded vote of 180 ayes to 241 noes, 
Roll No. 275);                                               
Page H3113
  Sablan amendment (No. 29 printed in H. Rept. 112-485) that was 
debated on May 17th that sought to amend 10 U.S.C. 7310(a) to include 
the Northern Mariana Islands as an eligible location, in addition to 
the United States and Guam, for the overhaul, repair and maintenance of 
naval vessels and other vessels under the jurisdiction of the Secretary 
of the Navy (by a recorded vote of 118 ayes to 303 noes, Roll No. 277);
                                                         Pages H3114-15
  Johnson (GA) amendment (No. 30 printed in H. Rept. 112-485) that was 
debated on May 17th that sought to include a finding stating that the 
deployment of tactical nuclear weapons to South Korea would destabilize 
the Western Pacific region and would not be in the national security 
interests of the United States (by a recorded vote of 160 ayes to 261 
noes, Roll No. 278);                                         
Page H3115
  Johnson (GA) amendment (No. 31 printed in H. Rept. 112-485) that was 
debated on May 17th that sought to require the Secretary of Defense and 
the Chairman of the Joint Chiefs to report to Congress regarding 
whether nuclear weapons reductions pursuant to the New START Treaty are 
in the national security interests of the United States (by a recorded 
vote of 175 ayes to 245 noes, Roll No. 279);             
Pages H3115-16
  Lee amendment (No. 42 printed in H. Rept. 112-485) that was debated 
on May 17th that sought to limit Department of Defense funding to the 
amount authorized under the Budget Control Act of 2011, resulting in an 
$8 billion reduction in spending from the level authorized by the House 
Armed Services Committee (by a recorded vote of 170 ayes to 252 noes, 
Roll No. 282);                                           
Pages H3117-18
  Lee amendment (No. 49 printed in H. Rept. 112-485) that was debated 
on May 17th that sought to appoint a Special Envoy for Iran to ensure 
that all diplomatic avenues are pursued to avoid a war with Iran and to 
prevent Iran from acquiring a nuclear weapon (by a recorded vote of 77 
ayes to 344 noes, Roll No. 285); and                     
Pages H3119-20
  Pearce amendment (No. 55 printed in H. Rept. 112-485) that was 
debated on May 17th that sought to strike section 3156 from the bill 
(by a recorded vote of 121 ayes to 300 noes, Roll No. 287). 
                                                             Page H3121
Withdrawn:
  Murphy (PA) amendment (No. 133 printed in H. Rept. 112-485) that was 
offered and subsequently withdrawn that would have required that a 
proposal to reduce more than 1,000 members of the armed forces assigned 
at a military installation be transmitted via the President's budget 
request and include an evaluation of the fiscal, local economic, 
budgetary, environmental, strategic, and operational consequences of 
such closure or realignment and would have allowed an exception for 
national security or military emergency.                 
Pages H3140-41
  Agreed that the Clerk be authorized to make technical and conforming 
changes to reflect the actions of the House.                 
Page H3147
  H. Res. 661, the rule providing for further consideration of the 
bill, was agreed to yesterday, May 17th.
Motion to Instruct Conferees: The House agreed to the Barrow motion to 
instruct conferees on H.R. 4348 by a yea-and-nay vote of 261 yeas to 
152 nays, Roll No. 292. The motion was debated yesterday, May 17th. 
                                                         Pages H3145-46
Motion to Instruct Conferees: The House agreed to the Rahall motion to 
instruct conferees on H.R. 4348 by a yea-and-nay vote of 245 yeas to 
169 nays, Roll No. 293. The motion was debated yesterday, May 17th. 
                                                         Pages H3146-47
Sequoia and Kings Canyon National Parks Backcountry Access Act: The 
House concurred in the Senate amendment to H.R. 4849, to direct the 
Secretary of the Interior to issue commercial use authorizations to 
commercial stock operators for operations in designated wilderness 
within the Sequoia and Kings Canyon National Parks.      
  Pages H3147-48
Meeting Hour: Agreed that when the House adjourns today, it adjourn to 
meet at 10 a.m. on Tuesday, May 22nd; when the House adjourns on that 
day, it adjourn to meet at 10 a.m. on Friday, May 25th; when the House 
adjourns on that day, it adjourn to meet at 2 p.m. on Tuesday, May 
29th; and when the House adjourns on that day, it adjourn to meet at 2 
p.m. on Wednesday, May 30th.                                 
  Page H3148
British-American Interparliamentary Group--Appointment: The Chair 
announced the Speaker's appointment of the following Members of the 
House to the British-American Interparliamentary Group: Representatives 
Petri, Crenshaw, Latta, and Aderholt.                        
  Page H3148
Public Interest Declassification Board--Reappointment: The Chair 
announced the Speaker's appointment of the following member on the part 
of the House to the Public Interest Declassification

[[Page D500]]

Board for a term of three years: Admiral William O. Studeman of Great 
Falls, VA.                                                   
  Page H3148
Presidential Message: Read a message from the President wherein he 
notified Congress that the national emergency declared with respect to 
the stabilization of Iraq is to continue in effect beyond May 22, 
2012--referred to the Committee on Foreign Affairs and ordered to be 
printed (H. Doc. 112-111).                               
  Pages H3149-50
Quorum Calls--Votes: Two yea-and-nay votes and 22 recorded votes 
developed during the proceedings of today and appear on pages H3109-10, 
H3110, H3111, H3111-12, H3112-13, H3113, H3113-14, H3114-15, H3115, 
H3115-16, H3116-17, H3117, H3117-18, H3118-19, H3119, H3119-20, H3120-
21, H3121, H3141-42, H3142-43, H3144, H3145, H3145-46, H3146. There 
were no quorum calls.
Adjournment: The House met at 9 a.m. and adjourned at 3:22 p.m.