[Congressional Record Volume 156, Number 39 (Wednesday, March 17, 2010)]
[Daily Digest]
[Pages D263-D265]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                          Wednesday, March 17, 2010

[[Page D263]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the motion to concur in the amendments of the 
      House of Representatives to the amendment of the Senate to the 
      amendment of the House to the amendment of the Senate to H.R. 
      2847, Commerce, Justice, Science, and Related Agencies 
      Appropriations Act. (The legislative vehicle entitled, ``The HIRE 
      Act''.)
      Senate began consideration of the impeachment proceedings of G. 
      Thomas Porteous, Jr., Judge of the United States District Court 
      for the Eastern District of Louisiana.


                                 Senate


Chamber Action
Routine Proceedings, pages S1633-S1684
Measures Introduced: Five bills and four resolutions were introduced, 
as follows: S. 3131-3135, and S. Res. 457-460.               
  Page S1670
Measures Passed:
  Issuance of a Summons and Related Procedures for Impeachment Against 
Judge G. Thomas Porteous, Jr.: Senate agreed to S. Res. 457, to provide 
for issuance of a summons and for related procedures concerning the 
articles of impeachment against G. Thomas Porteous, Jr. 
                                                         Pages S1646-47
  Appointment of a Committee for Impeachment Against Judge G. Thomas 
Porteous, Jr.: Senate agreed to S. Res. 458, to provide for the 
appointment of a committee to receive and to report evidence with 
respect to articles of impeachment against Judge G. Thomas Porteous, 
Jr.                                                          
  Page S1647
  50th Anniversary of KICY Radio: Senate agreed to S. Res. 459, 
congratulating KICY Radio for 50 years of service to western Alaska and 
the Russian Far East.                                        
  Page S1679
  100th Anniversary of the Long Trail: Senate agreed to S. Res. 460, 
recognizing the importance of the Long Trail and the Green Mountain 
Club on the 100th anniversary of the Long Trail.         
  Pages S1679-80
  Congressional Award Program Reauthorization Act: Senate passed S. 
2865, to reauthorize the Congressional Award Act (2 U.S.C. 801 et 
seq.).                                                       
  Page S1680
  Fair Sentencing Act: Senate passed S. 1789, to restore fairness to 
Federal cocaine sentencing, after agreeing to the committee amendment 
in the nature of a substitute.                           
  Pages S1680-83
Measures Considered:
  Impeachment of Judge G. Thomas Porteous, Jr.: Senate, sitting as a 
Court of Impeachment, began consideration of the impeachment 
proceedings of G. Thomas Porteous, Jr., Judge of the United States 
District Court for the Eastern District of Louisiana, taking the 
following action:
  Subsequently, the Senate received the managers appointed by the House 
of Representatives who presented and exhibited Articles of Impeachment 
against G. Thomas Porteous, Jr., Judge of the United States District 
Court for the Eastern District of Louisiana, and the oath was 
administered to Senators by the Acting President pro tempore. 
                                                         Pages S1644-46
Appointments:
  Impeachment Trial Committee: The Chair, upon the recommendation of 
the Majority Leader, and in accordance with the resolution on the 
appointment of an impeachment trial committee, appointed the following 
Senators to the Impeachment Trial Committee: Senators McCaskill 
(Chairman), Klobuchar, Whitehouse, Udall (NM), Shaheen, and Kaufman. 
                                                             Page S1647
  Impeachment Trial Committee: The Chair, upon the recommendation of 
the Republican Leader, and in accordance with the resolution on the 
appointment of an impeachment trial committee, appointed

[[Page D264]]

the following Senators to the Impeachment Trial Committee: Senators 
Hatch (Vice Chairman), Barrasso, DeMint, Johanns, Risch, and Wicker. 
                                                             Page S1647
  Impeachment Trial Committee and Impeachment Rule XI: The Chair, upon 
the recommendations of the two Leaders, and pursuant to the resolution 
on the appointment of an impeachment trial committee and Impeachment 
Rule XI, appointed the following Senators to be members of the 
committee to receive and report evidence in the impeachment of Judge G. 
Thomas Porteous, Jr.: Senators McCaskill (Chairman), Klobuchar, 
Whitehouse, Udall (NM), Shaheen, Kaufman, Hatch (Vice Chairman), 
Barrasso, DeMint, Johanns, Risch, and Wicker.                
  Page S1647
Tax on Bonuses Received From Certain TARP Recipients--Agreement: Senate 
continued consideration of H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients, taking action on the 
following amendments proposed thereto:         
  Pages S1647-49, S1652-64
  Pending:
  Rockefeller Amendment No. 3452, in the nature of a substitute. 
                                                             Page S1647
  Sessions/McCaskill Modified Amendment No. 3453 (to Amendment No. 
3452), to reduce the deficit by establishing discretionary spending 
caps.                                                        
Page S1647
  McCain/Bayh Amendment No. 3475 (to Amendment No. 3452), to prohibit 
earmarks in years in which there is a deficit.               
Page S1647
  McCain Amendment No. 3527 (to Amendment No. 3452), to require the 
Administrator of the Federal Aviation Administration to develop a 
financing proposal for fully funding the development and implementation 
of technology for the Next Generation Air Transportation System. 
                                                             Page S1647
  McCain Amendment No. 3528 (to Amendment No. 3452), to provide 
standards for determining whether the substantial restoration of the 
natural quiet and experience of the Grand Canyon National Park has been 
achieved and to clarify regulatory authority with respect to commercial 
air tours operating over the Park.                           
Page S1648
  Pryor Amendment No. 3548 (to Amendment 3452), to reduce the deficit 
by establishing discretionary spending caps.      
Pages S1657-60, S1664
  A unanimous-consent agreement was reached providing that 
notwithstanding the March 16, 2010, adoption of Rockefeller (for Reid/
Ensign) Amendment No. 3467 (to Amendment No. 3452), to authorize Clark 
County, Nevada, to permit the use of certain lands in the Las Vegas 
McCarran International Airport Environs Overlay District for transient 
lodging and associated facilities, that it be modified with the changes 
at the desk.                                                 
Page S1644
  A unanimous-consent agreement was reached providing for further 
consideration of the bill at 10:30 a.m., on Thursday, March, 18, 
2010,and Senate then debate concurrently Sessions/McCaskill Modified 
Amendment No. 3453 (to Amendment No. 3452) (listed above), and Pryor 
Amendment No. 3548 (to Amendment 3452) (listed above); that the 
amendments be debated concurrently until 11:30 a.m., with the time 
equally divided and controlled between Senators Sessions and Pryor, or 
their designees; with no amendments in order to the amendments prior to 
the vote; that the amendments then be set aside until 2 p.m., and at 2 
p.m., Senate vote on or in relation to the amendments, with Sessions/
McCaskill Modified Amendment No. 3453 (to Amendment No. 3452) voted on 
first in the sequence; that prior to each vote, there be 2 minutes of 
debate, equally divided and controlled in the usual form.    
Page S1683
House Messages:
  Commerce, Justice, Science, and Related Agencies Appropriations Act--
House Message: By 68 yeas to 29 nays (Vote No. 55), Senate agreed to 
the motion to concur in the amendments of the House of Representatives 
to the amendment of the Senate to the amendment of the House to the 
amendment of the Senate to H.R. 2847, making appropriations for the 
Departments of Commerce and Justice, and Science, and Related Agencies 
for the fiscal year ending September 30, 2010, after taking action on 
the following motions and amendments proposed thereto:   
  Pages S1633-38
Withdrawn:
  Durbin motion to concur in the amendments of the House to the 
amendment of the Senate to the amendment of the House to the amendment 
of the Senate to the bill, with Durbin Amendment No. 3498 (to the 
motion to concur in the amendments of the House to the amendment of the 
Senate to the amendment of the House to the amendment of the Senate), 
of a perfecting nature.                                      
Page S1633
  During consideration of this measure today, Senate also took the 
following action:
  Durbin Amendment No. 3499 (to Amendment No. 3498), of a perfecting 
nature, fell when Durbin motion to concur in the amendments of the 
House to the amendment of the Senate to the amendment of the House to 
the amendment of the Senate to the bill, with Durbin Amendment No. 3498 
(to the motion to concur in the amendments of the House to the 
amendment of the Senate to the amendment of the House to the amendment 
of the Senate), of a perfecting nature was withdrawn.        
Page S1633

[[Page D265]]


  By 63 yeas to 34 nays (Vote No. 54), three-fifths of those Senators 
duly chosen and sworn, having voted in the affirmative, Senate agreed 
to the motion to waive pursuant to section 904 of the Congressional 
Budget Act of 1974 and section 4(g)(3) of the Statutory Pay-As-You-Go 
Act of 2010, with respect to Durbin motion to concur in the amendments 
of the House to the amendment of the Senate to the amendment of the 
House to the amendment of the Senate to the bill. Subsequently, the 
point of order that the bill was in violation of section 311(a)(2) of 
the Congressional Budget Act of 1974, was not sustained. 
                                                         Pages S1634-35
Appointments:
  On Monday, March 15, 2010, the appointment should have read:
  President's Export Council: The Chair, pursuant to Executive Order 
12131, as amended and extended, reappointed and appointed the following 
Members to the President's Export Council:
  Reappointment:
  Senator Stabenow
  Senator Brown (OH)
  Appointment: Senator Wyden vice Senator Dorgan
Signing Authority--Agreement: A unanimous-consent agreement was reached 
providing that the Majority Leader be authorized to sign any duly 
enrolled bills or joint resolutions Wednesday, March 17, 2010 and 
Thursday, March 18, 2010.                                    
  Page S1644
Nomination Confirmed: Senate confirmed the following nomination:
  By unanimous vote of 98 yeas (Vote No. EX. 56), O. Rogeriee Thompson, 
of Rhode Island, to be United States Circuit Judge for the First 
Circuit.                                          
Pages S1649-52, S1684
Nominations Received: Senate received the following nominations:
  Leonard Philip Stark, of Delaware, to be United States District Judge 
for the District of Delaware.
  Amy Totenberg, of Georgia, to be United States District Judge for the 
Northern District of Georgia.
  30 Air Force nominations in the rank of general.
  1 Army nomination in the rank of general.
  2 Marine Corps nominations in the rank of general.
  1 Navy nomination in the rank of admiral.              
Pages S1683-84
Messages from the House:                                     
  Page S1669
Measures Referred:                                           
  Page S1669
Executive Communications:                                
  Pages S1669-70
Additional Cosponsors:                                   
  Pages S1670-71
Statements on Introduced Bills/Resolutions:              
  Pages S1671-74
Additional Statements:                                       
  Page S1666
Amendments Submitted:                                    
  Pages S1674-78
Notices of Hearings/Meetings:                                
  Page S1678
Authorities for Committees to Meet:                      
  Pages S1678-79
Record Votes: Three record votes were taken today. (Total--56) 
                                           Pages S1635, S1637-38, S1652
Adjournment: Senate convened at 9:30 a.m. and adjourned at 7:20 p.m., 
until 9:30 a.m. on Thursday, March 18, 2010. (For Senate's program, see 
the remarks of the Acting Majority Leader in today's Record on page 
S1683.)