Proceedings, Debates of the U.S. Congress
November 29, 2012
112th Congress, 2nd Session
Issue: Vol. 158, No. 151 — Daily Edition
Entire Issue (PDF)
Daily Digest Section (PDF)
Thursday, November 29, 2012
H.R. 2471, to amend section 2710 of title 18, United States Code, to clarify that a video tape service provider may obtain a consumer's informed, written consent on an ongoing basis and that consent may be obtained through the Internet, with an amendment in the nature of a substitute.
No-Hassle Flying Act: Committee on Commerce, Science, and Transportation was discharged from further consideration of S. 3542, to authorize the Assistant Secretary of Homeland Security (Transportation Security Administration) to modify screening requirements for checked baggage arriving from preclearance airports, and the bill was then passed, after agreeing to the following amendment proposed thereto:
Levin (for Klobuchar) Amendment No. 3286, to include the Committee on Homeland Security and Governmental Affairs of the Senate in the committees to which the report on re-screening of baggage is required to be submitted.
American Diabetes Month: Committee on Health, Education, Labor, and Pensions was discharged from further consideration of S. Res. 600, supporting the goals and ideals of American Diabetes Month, and the resolution was then agreed to, after agreeing to the following amendment proposed thereto:
Levin (for Shaheen) Amendment No. 3287, to make minor changes.
National Nurse-Managed Health Clinic Week: Senate agreed to S. Res. 603, designating the week of November 26 through November 30, 2012, as National Nurse-Managed Health Clinic Week.
Death of Former Senator Warren B. Rudman: Senate agreed to S. Res. 604, relative to the death of the Honorable Warren B. Rudman, former United States Senator for the State of New Hampshire.
National Defense Authorization Act--Agreement: Senate continued consideration of S. 3254, 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, taking action on the following amendments proposed thereto:
Pages S7136–46, S7148–S7206
Levin (for Kohl/Boozman) Amendment No. 2888, to provide for the payment of a benefit for the nonparticipation of eligible members in the Post-Deployment/Mobilization Respite Absence program due to Government error.
Levin (for Manchin) Amendment No. 2924, to require an additional element in the report on the accuracy of the Defense Enrollment Eligibility Reporting System.
Levin (for Webb) Amendment No. 2949, to extend the temporary increase in accumulated leave carryover for members of the Armed Forces.
Levin (for Wyden) Amendment No. 2960, to require a report on mechanisms to ease the reintegration into civilian life of members of the National Guard and the Reserves following a deployment on active duty.
Levin (for Sessions) Amendment No. 2963, to authorize the posthumous honorary promotion of Sergeant Paschal Conley to second lieutenant in the Army.
Levin (for Heller) Amendment No. 2969, to require a report on the future availability of TRICARE Prime throughout the United States.
Levin (for Barrasso) Amendment No. 3083, to authorize the Secretary of Defense to maintain the readiness and flexibility of the intercontinental ballistic missile force.
By a unanimous vote of 95 yeas (Vote No. 208), Cornyn Amendment No. 3158, to require the Secretary of Veterans Affairs to submit to Congress a plan to reduce the current backlog of veterans claims.
Pages S7143–44, S7145
Portman Amendment No. 2995, to enhance authorities relating to the admission of defense industry civilians to certain Department of Defense educational institutions and programs.
Levin (for Webb) Amendment No. 2948, to extend the authority to provide a temporary increase in rates of basic allowance for housing under certain circumstances.
Levin (for Sessions) Amendment No. 2962, to express the sense of Congress on the submittal to Congress of the homeland defense hedging policy and strategy of the Secretary of Defense.
Levin (for Inhofe) Amendment No. 2971, to express the sense of the Senate on the protection of Department of Defense airfields, training airspace, and air training routes.
Levin (for Casey) Amendment No. 2986, to require contractors to notify small business concerns that they have been included in offers relating to contracts let by Federal agencies.
Levin (for Murray/Burr) Amendment No. 2989, to extend the authority of the Secretary of Veterans Affairs and the Secretary of Labor to carry out a program of referral and counseling services to veterans at risk of homelessness who are transitioning from certain institutions.
Levin (for Vitter) Amendment No. 3085, to require additional elements in the plan on the rationalization of cyber networks and cyber personnel of the Department of Defense.
Levin (for Coburn) Amendment No. 3110, to require a report on the balances carried forward by the Department of Defense at the end of fiscal year 2012.
Levin (for Manchin) Amendment No. 3166, to require a report on the future of family support programs of the Department of Defense.
Levin (for Boxer) Amendment No. 2981, to prohibit the issuance of a waiver for commissioning or enlistment in the Armed Forces for any individual convicted of a felony sexual offense.
By 62 yeas to 33 nays (Vote No. 210), Merkley Modified Amendment No. 3096, to express the sense of Congress on the accelerated transition of United States combat and military and security operations to the Government of Afghanistan.
Pages S7148–49, S7151–52
Blumenthal Modified Amendment No. 3124, to prevent human trafficking in government contracting.
Inhofe Amendment No. 2972, to express the sense of Congress that the bugle call commonly known as ``Taps'' should be designated as the National Song of Military Remembrance.
By 66 yeas to 29 nays (Vote No. 211), Gillibrand Modified Amendment No. 3058, to provide for certain treatment of autism under the TRICARE program.
Portman/Akaka Amendment No. 2956, to require a report on Department of Defense efforts to standardize educational transcripts issued to separating members of the Armed Forces.
Whitehouse Amendment No. 3180, to provide for scientific frameworks with respect to recalcitrant cancers.
Levin (for Lieberman) Modified Amendment No. 3090, to improve the provision of assistance to fire departments and to reauthorize the United States Fire Administration.
Levin (for McCaskill) Amendment No. 2929, to improve authorities and limitations relating to wartime contracting and other acquisition-related provisions.
Levin (for McCaskill) Amendment No. 2942, to expand whistleblower protections to non-Defense contractor and grantee employees.
Levin (for Boxer/Coburn) Amendment No. 3230, to reauthorize and modify the responsibilities of the United States Advisory Commission on Public Diplomacy through fiscal year 2014.
Levin (for Hatch/Lee) Amendment No. 2966, to reauthorize and expand the multi-trades demonstration project.
Levin (for Inhofe) Amendment No. 2973, to express the sense of the Senate on training of mental health counselors for members of the Armed Forces, veterans, and their families.
Levin (for Boxer) Amendment No. 2980, to require an Inspector General of the Department of Defense report on allowable costs of compensation of employees of Department of Defense contractors.
Levin (for Casey/Begich) Amendment No. 2994, to require a report on a program on the return of rare earth phosphors from Department of Defense fluorescent lighting waste to the domestic rare earth supply chain.
Levin (for Toomey) Amendment No. 3059, to require a report on the establishment of a joint Armed Forces historical storage and preservation facility.
Levin (for Inhofe) Amendment No. 3072, to express the sense of the Senate on increasing the cost-effectiveness of training exercises for members of the Armed Forces.
Levin (for Vitter) Amendment No. 3086, to require assessments by the Air Force of the effects of proposed movements of airframes on joint readiness training.
Levin (for Shaheen) Amendment No. 3098, to require a report by the suspension and debarment officials of the military departments and the Defense Logistics Agency.
Levin (for Coburn) Amendment No. 3186, to require a study on small arms and ammunition acquisition.
Inhofe (for Coons/Inhofe) Amendment No. 3201, to express the sense of the Senate on ongoing efforts to apprehend or remove Joseph Kony and his top commanders from the battlefield and end atrocities perpetuated by his Lord's Resistance Army.
Levin (for Durbin) Modified Amendment No. 3199, to impose sanctions with respect to persons that provide significant financial, material, or technological support to the rebel group known as M23 operating in the Democratic Republic of the Congo.
Pages S7189–91, S7203–06
By 54 yeas to 41 nays (Vote No. 212), Ayotte Amendment No. 3245, to prohibit the use of funds for the transfer or release of certain individuals from United States Naval Station, Guantanamo Bay, Cuba.
Pages S7178–80, S7191–92
By 67 yeas to 29 nays (Vote No. 213), Feinstein Amendment No. 3018, to clarify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States.
Pages S7181–88, S7193
Levin (for Blumenthal) Amendment No. 2940, to provide certain requirements relating to the retirement, adoption, care, and recognition of military working dogs.
Levin (for Brown (MA)) Amendment No. 3036, to require reports on the potential security threat posed by Boko Haram.
Levin (for Toomey/Casey) Amendment No. 3064, to require a study on the Bradley Fighting Vehicle industrial base.
Levin Amendment No. 3114, to authorize the repair, overhaul, and refurbishment of defense articles for sale or transfer to eligible foreign countries and entities.
Levin (for Casey) Amendment No. 3193, to require the Department of Defense to develop a plan to promote the security of Afghan women and girls during the security transition process.
Levin (for Risch) Amendment No. 3213, to add the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives to the list of congressional committees to receive the submission of reports on the program for scientific engagement for nonproliferation.
Levin (for Wicker) Amendment No. 3220, to express the sense of Congress in support of the Israeli Iron Dome defensive weapon system.
Levin (for Johanns) Amendment No. 3222, to express the expectation of Congress to be consulted by the Secretary of Defense before the Secretary pursues a change in the command status of the United States Cyber Command.
Levin (for Coburn) Amendment No. 3237, to set forth consequences for the failure of the Department of Defense to obtain audits with an unqualified opinion on its financial statements by fiscal year 2017.
Levin Amendment No. 3243, to commend the Enduring Strategic Partnership Agreement between the United States of America and the Islamic Republic of Afghanistan.
Levin (for Lieberman) Amendment No. 3256, to require reports from the Comptroller General of the United States on certain aspects of joint professional military education.
Levin (for Cornyn) Amendment No. 3260, to prohibit the use of funds to enter into contracts or agreements with Rosoboronexport.
Levin (for McCain) Amendment No. 3261, to require the submittal to Congress of risk assessments on changes in United States troop levels in Afghanistan.
Levin (for Kyl) Amendment No. 3271, to promote the development of an adequate, reliable, and stable supply of critical and essential minerals in the United States in order to strengthen and sustain the military readiness, national security, and critical infrastructure of the United States.
Levin (for Webb) Amendment No. 3275, to express the sense of the Senate on the situation in the Senkaku Islands.
Levin (for Nelson (NE)/Kirk) Amendment No. 3279, to express the sense of Congress that external and independent oversight of the National Nuclear Security Administration by the Department of Energy is critical to the mission of protecting the United States nuclear security enterprise.
Kyl Amendment No. 3123, to require regular updates of Congress on the military implications of proposals of the United States and Russia under consideration in negotiations on nuclear arms, missile defense, and long-range conventional strike system matters.
Menendez Amendment No. 3232, to enhance sanctions imposed with respect to Iran.
A unanimous-consent-time agreement was reached providing for further consideration of the bill at approximately 9:15 a.m., on Friday, November 30, 2012; and that at approximately 9:30 a.m., Senate vote on or in relation to the following amendments in the order listed: Sessions Amendment No. 3009; Cardin Amendment No. 3025; Menendez Amendment No. 3232; and Nelson (FL) Amendment No. 3073; that there be two minutes equally divided prior to each vote; and that there be no amendments in order to the amendments prior to the votes.
Retiring Senators Statements--Agreement: A unanimous-consent agreement was reached providing that the following blocks of time be set aside for the purpose of statements from retiring Senators: 11:30 a.m.–12:30 p.m., on Tuesday, December 4, 2012; 10 a.m.–11 a.m., on Thursday, December 6, 2012; and 12 noon–1 p.m., on Wednesday, December 12, 2012.
Messages from the House:
Executive Reports of Committees:
Statements on Introduced Bills/Resolutions:
Authorities for Committees to Meet:
Privileges of the Floor:
Adjournment: Senate convened at 9:30 a.m. and adjourned, as a further mark of respect to the memory of the late former Senator Warren B. Rudman, in accordance with S. Res. 604 at 11:37 p.m., until 9:15 a.m. on Friday, November 30, 2012. (For Senate's program, see the remarks of the Acting Majority Leader in today's Record on page S7278.)
Committee on Armed Services: Committee ordered favorably reported 285 nominations in the Army, Navy, Air Force, and Marine Corps.
SANDY AND ITS IMPACTS
Committee on Environment and Public Works: Committee concluded a hearing to examine Sandy and its impacts, focusing on a local perspective, after receiving testimony from Senators Carper, Lautenberg, Cardin, Whitehouse, Gillibrand, Reed, Schumer, Menendez, Blumenthal; and Representatives Pallone, Engel, Pascrell, Langevin, Timothy H. Bishop, Courtney, Cicilline, Grimm, Harris, Holt, and Christopher H. Smith.
ATTACK ON THE UNITED STATES MISSION IN BENGHAZI
Committee on Homeland Security and Governmental Affairs: Committee received a closed briefing on the attack on the United States mission in Benghazi from Patrick Kennedy, Undersecretary for Management, and Eric Boswell, Assistant Secretary for Diplomatic Security, both of the Department of State; Michael Sheehan, Assistant Secretary for Special Operations and Low Intensity Conflict, and Major General Darryl Roberson, Vice Director, Operations (J–3), Joint Staff, both of the Department of Defense; Nicholas Rasmussen, Principal Deputy Director, National Counterterrorism Center (NCTC); Linda Weissgold, Director, Office of Terrorism Analysis, Central Intelligence Agency; and Andrew McCabe, Assistant Director of Counterterrorism Division, Federal Bureau of Investigation, Department of Justice.
IMAGE AND IDENTITY
Committee on Indian Affairs: Committee concluded an oversight hearing to examine ``reclaiming our image and identity for the next seven generations'', after receiving testimony from Andrew J. Lee, Aetna Inc., and Trustee, National Museum of the American Indian, Smithsonian Institution; Lynn Valbuena, Tribal Alliance of Sovereign Indian Nations, Patton, California; Mary Kim Titla, San Carlos Unified School District, San Carlos, Arizona, on behalf of the National Indian Education Association; Sam McCracken, NIKE N7, Beaverton, Oregon; Tonantzin Carmelo, Los Angeles, California; and Marjorie Linne Tungwenuk Tahbone, Nome, Alaska.
Committee on the Judiciary: Committee ordered favorably reported the following business items:
H.R. 2471, to amend section 2710 of title 18, United States Code, to clarify that a video tape service provider may obtain a consumer's informed, written consent on an ongoing basis and that consent may be obtained through the Internet, with amendments; and
The nomination of Angela Tammy Dickinson, to be United States Attorney for the Western District of Missouri, Department of Justice.
CREATING JOBS AND GROWING THE ECONOMY
Committee on Small Business and Entrepreneurship: Committee concluded a hearing to examine creating jobs and growing the economy, focusing on legislative proposals to strengthen the entrepreneurial ecosystem, including S. 3442, to provide tax incentives for small businesses, improve programs of the Small Business Administration, and S. 3638, to establish an Office of Entrepreneurial Support within the Small Business Administration, after receiving testimony from Michael Chodos, Associate Administrator for Entrepreneurial Development, and Sean Greene, Associate Administrator for Investment, and Senior Advisor for Innovation Policy, both of the U.S. Small Business Administration; David R. Clough, National Federation of Independent Business, Portland, Maine; Joshua Etemadi, Construction Bonds, Inc., Herndon, Virginia, on behalf of the National Association of Surety Bond Producers; Diana Furchtgott-Roth, Manhattan Institute for Policy Research, Washington, D.C.; Scott Gardiner, Granite State Economic Development Corporation, Portsmouth, New Hampshire; Fonda Lindfors New, Quaternary Resource Investigations, LLC (QRI), Baton Rouge, Louisiana; and Julie R. Weeks, Womenable, Empire, Michigan.
Select Committee on Intelligence: Committee held closed hearings on intelligence matters, receiving testimony from officials of the intelligence community.
Committee recessed subject to the call.
House of Representatives
Reports Filed: There were no reports filed today.
Speaker: Read a letter from the Speaker wherein he appointed Representative Fleischmann to act as Speaker pro tempore for today.
Recess: The House recessed at 10:55 a.m. and reconvened at 12 noon.
Chaplain: The prayer was offered by the guest chaplain, Reverend Dr. Leslie Callahan, St. Paul's Baptist Church, Philadelphia, PA.
STEM Jobs Act of 2012--Rule for Consideration: The House agreed to H. Res. 821, the rule that is providing for consideration of H.R. 6429, to amend the Immigration and Nationality Act to promote innovation, investment, and research in the United States and to eliminate the diversity immigrant program, by a yea-and-nay vote of 243 yeas to 170 nays, Roll No. 611, after the previous question was ordered without objection.
Senate Message: Message received from the Senate today appears on page H6507.
Quorum Calls--Votes: One yea-and-nay vote developed during the proceedings of today and appears on page H6523–24. There were no quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 3:23 p.m.
ROLE OF RECEIVERS IN A SPECTRUM SCARCE WORLD
Committee on Energy and Commerce: Subcommittee on Communications and Technology held a hearing entitled ``The Role of Receivers in a Spectrum Scarce World''. The testimony was heard from Ron Repasi, Deputy Chief, Office of Engineering and Technology, Federal Communications Commission; and public witnesses.
EXAMINING THE IMPACT OF THE PROPOSED RULES TO IMPLEMENT BASEL III CAPITAL STANDARDS
Committee on Financial Services: Subcommittee on Financial Institutions and Consumer Credit; and Subcommittee on Insurance, Housing and Community Opportunity held a joint hearing entitled ``Examining the Impact of the Proposed Rules to Implement Basel III Capital Standards''. Testimony was heard from George French, Deputy Director, Division of Risk Management Supervision, Federal Deposit Insurance Corporation; Michael S. Gibson, Director, Division of Banking Supervision and Regulation, Board of Governors of the Federal Reserve System; John Lyons, Chief National Bank Examiner, Office of the Comptroller of the Currency; and public witnesses.
THE FUTURE OF MONEY: DOLLARS AND SENSE
Committee on Financial Services: Subcommittee on Domestic Monetary Policy and Technology held a hearing entitled ``The Future of Money: Dollars and Sense''. Testimony was heard from Richard A. Peterson, Deputy Director, United States Mint; Lorelei St. James, Director, Physical Infrastructure Issues, Government Accountability Office; and public witnesses.
ISRAEL'S RIGHT TO DEFEND ITSELF: IMPLICATIONS FOR REGIONAL SECURITY AND U.S. INTERESTS
Committee on Foreign Affairs: Full Committee held a hearing entitled ``Israel's Right to Defend Itself: Implications for Regional Security and U.S. Interests''. Testimony was heard from public witnesses.
Committee on Foreign Affairs: Subcommittee on the Western Hemisphere held a markup on H.R. 1798, to prevent foreign states that do business, issue securities, or borrow money in the United States, and then fail to satisfy United States court judgments totaling $100,000,000 or more based on such activities, from inflicting further economic injuries in the United States, from undermining the integrity of United States courts, and from discouraging responsible lending to poor and developing nations by undermining the secondary and primary markets for sovereign debt. The bill was forwarded, as amended.
Committee on Natural Resources: Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs held a hearing on H.R. 511, to amend title 18, United States Code, to prohibit the importation of various injurious species of constrictor snakes. Testimony was heard from public witnesses.
IDENTITY THEFT AND TAX FRAUD: GROWING PROBLEMS FOR THE INTERNAL REVENUE SERVICES, PART 4
Committee on Oversight and Government Reform: Subcommittee on Government Organization, Efficiency and Financial Management held a hearing entitled ``Identity Theft and Tax Fraud: Growing Problems for the Internal Revenue Services, Part 4''. Testimony was heard from Beth Tucker, Deputy Commissioner for Operations Support, Internal Revenue Service; J. Russell George, Inspector General, Treasury Inspector General for Tax Administration; Nina E. Olson, National Taxpayer Advocate, Internal Revenue Service; and James R. White, Director, Strategic Issues, Government Accountability Office.
A LOOK INTO THE FEDERAL RESPONSE TO RISING RATES OF AUTISM
Committee on Oversight and Government Reform: Full Committee held a hearing entitled ``1 in 88 Children: A Look Into the Federal Response to Rising Rates of Autism''. Testimony was heard from Alan Guttmacher, Director, Eunice Kennedy Shriver National Institute of Child Health and Human Development, National Institutes of Health; Coleen Boyle, Director of the National Center on Birth Defects and Developmental Disabilities, Centers for Disease Control and Prevention; and public witnesses.
HOW BEST TO IMPROVE OUR NATION'S AIRPORT PASSENGER SECURITY SYSTEM THROUGH COMMON SENSE SOLUTIONS
Committee on Transportation and Infrastructure: Subcommittee on Aviation held a hearing entitled ``How Best to Improve our Nation's Airport Passenger Security System Through Common Sense Solutions''. Testimony was heard from John Pistole, Administrator, Transportation Security Administration; Charles K. Edwards, Acting Inspector General, Department of Homeland Security; Steve Lord, Director, Homeland Security and Justice Issues, Government Accountability Office; and public witnesses.
No joint committee meetings were held.
No meetings/hearings scheduled.
Committee on Science, Space, and Technology, Subcommittee on Energy and Environment, hearing entitled ``Tapping America's Energy Potential Through Research and Development'', 9:30 a.m., 2318 Rayburn.
Program for Friday: Senate will continue consideration of S. 3254, National Defense Authorization Act. At approximately 9:30 a.m., Senate will vote on or in relation to Sessions Amendment No. 3009, Cardin Amendment No. 3025, Menendez Amendment No. 3232, and Nelson (FL) Amendment No. 3073.
Program for Friday: Consideration of H.R. 6429--STEM Jobs Act of 2012.
Boren, Dan, Okla., E1831
Burgess, Michael C., Tex., E1849
Butterfield, G.K., N.C., E1848
Clyburn, James E., S.C., E1848
Farr, Sam, Calif., E1831
Fitzpatrick, Michael G., Pa., E1831
Johnson, Eddie Bernice, Tex., E1848
King, Peter T., N.Y., E1832
Lee, Barbara, Calif., E1849
McCaul, Michael T., Tex., E1837
McCollum, Betty, Minn., E1835
McIntyre, Mike, N.C., E1846
Miller, George, Calif., E1845
Miller, Jeff, Fla., E1831
Pallone, Frank, Jr., N.J., E1848
Price, David E., N.C., E1846
Sarbanes, John P., Md., E1849
Sessions, Pete, Tex., E1832
Terry, Lee, Nebr., E1840
Waxman, Henry A., Calif., E1850