[Congressional Record Volume 156, Number 39 (Wednesday, March 17, 2010)]
[House]
[Pages H1562-H1563]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    FURTHER MESSAGE FROM THE SENATE

  A further message from the Senate by Ms. Curtis, one of its clerks, 
announced that the Senate has agreed to the following resolution:

                              S. Res. 457

       In the Senate of the United States, March 17, 2010.
       Resolved, That a summons shall be issued which commands G. 
     Thomas Porteous, Jr. to file with the Secretary of the Senate 
     an answer to the articles of impeachment no later than April 
     7, 2010, and thereafter to abide by, obey, and perform such 
     orders, directions, and judgments as the Senate shall make in 
     the premises, according to the Constitution and laws of the 
     United States.
       Sec. 2. The Sergeant at Arms is authorized to utilize the 
     services of the Deputy Sergeant at Arms or another employee 
     of the Senate in serving the summons.
       Sec. 3. The Secretary shall notify the House of 
     Representatives of the filing of the answer and shall provide 
     a copy of the answer to the House.
       Sec. 4. The Managers on the part of the House may file with 
     the Secretary of the Senate a replication no later than April 
     21, 2010.
       Sec. 5. The Secretary shall notify counsel for G. Thomas 
     Porteous, Jr. of the filing of a replication, and shall 
     provide counsel with a copy.
       Sec. 6. The Secretary shall provide the answer and the 
     replication, if any, to the Presiding Officer of the Senate 
     on the first day the Senate is in session after the Secretary 
     receives them, and the Presiding Officer shall cause the 
     answer and replication, if any, to be printed in the Senate 
     Journal and in the Congressional Record. If a timely answer 
     has not been filed, the Presiding Officer shall cause a plea 
     of not guilty to be entered.
       Sec. 7. The articles of impeachment, the answer, and the 
     replication, if any, together with the provisions of the 
     Constitution on impeachment, and the Rules of Procedure and 
     Practice in the Senate When Sitting on Impeachment Trials, 
     shall be printed under the direction of the Secretary as a 
     Senate document.
       Sec. 8. The provisions of this resolution shall govern 
     notwithstanding any provisions to the contrary in the Rules 
     of Procedure and Practice in the Senate When Sitting on 
     Impeachment Trials.
       Sec. 9. The Secretary shall notify the House of 
     Representatives of this resolution.

  The message also announced that the Senate agreed to the following 
resolution:

                              S. Res. 458

       In the Senate of the United States, March 17, 2010.
       Resolved, That pursuant to Rule XI of the Rules of 
     Procedure and Practice in the Senate When Sitting on 
     Impeachment Trials, the Presiding Officer shall appoint a 
     committee of twelve senators to perform the duties and to 
     exercise the powers provided for in the rule.
       Sec. 2. The majority and minority leader shall each 
     recommend six members, including a chairman and vice 
     chairman, respectively, to the Presiding Officer for 
     appointment to the committee.
       Sec. 3. The committee shall be deemed to be a standing 
     committee of the Senate for the purpose of reporting to the 
     Senate resolutions for the criminal or civil enforcement of 
     the committee's subpoenas or orders, and for the purpose of 
     printing reports, hearings, and other documents for 
     submission to the Senate under Rule XI.
       Sec. 4. During proceedings conducted under Rule XI the 
     chairman of the committee is authorized to waive the 
     requirement under the Rules of Procedure and Practice in the 
     Senate When Sitting on Impeachment Trials that questions by a 
     Senator to a witness, a manager, or counsel shall be reduced 
     to writing and put by the Presiding Officer.
       Sec. 5. In addition to a certified copy of the transcript 
     of the proceedings and testimony had and given before it, the 
     committee is authorized to report to the Senate a statement 
     of facts that are uncontested and a summary, with appropriate 
     references to the record, of evidence that the parties have 
     introduced on contested issues of fact.
       Sec. 6(a). The actual and necessary expenses of the 
     committee, including the employment of staff at an annual 
     rate of pay, and the employment of consultants with prior 
     approval of the Committee on Rules and Administration at a 
     rate not to exceed the maximum daily rate for a standing 
     committee of the Senate, shall be paid from the contingent 
     fund. of the Senate from the appropriation account 
     ``Miscellaneous Items'' upon vouchers approved by the 
     chairman of the committee, except that no voucher shall be 
     required to pay the salary of any employee who is compensated 
     at an annual rate of pay.
       (b) In carrying out its powers, duties, and functions under 
     this resolution, the committee is authorized, in its 
     discretion and with the prior consent of the Government 
     department or agency concerned and the Committee on Rules and 
     Administration, to use on a reimbursable, or nonreimbursable, 
     basis the services of personnel of any such department or 
     agency.
       Sec. 7. The committee appointed pursuant to section one of 
     this resolution shall terminate no later than 60 days after 
     the pronouncement of judgment by the Senate on the articles 
     of impeachment.

[[Page H1563]]

       Sec. 8. The Secretary shall notify the House of 
     Representatives and counsel for Judge G. Thomas Porteous, Jr. 
     of this resolution.

  The message also announced that pursuant to Senate Resolution 458, 
111th Congress, on the appointment of an impeachment trial committee 
and Impeachment Rule XI, the Chair, upon the recommendation of the 
majority leader and the minority leader, appointed the following 
Senators as members of the committee to receive and report evidence in 
the impeachment of Judge G. Thomas Porteous, Jr.:
  The Senator from Missouri (Mrs. McCaskill) (Chairman).
  The Senator from Minnesota (Ms. Klobuchar).
  The Senator from Rhode Island (Mr. Whitehouse).
  The Senator from New Mexico (Mr. Udall).
  The Senator from New Hampshire (Mrs. Shaheen).
  The Senator from Delaware (Mr. Kaufman).
  The Senator from Utah (Mr. Hatch) (Vice Chairman).
  The Senator from Wyoming (Mr. Barrasso).
  The Senator from South Carolina (Mr. DeMint).
  The Senator from Nebraska (Mr. Johanns).
  The Senator from Idaho (Mr. Risch).
  The Senator from Mississippi (Mr. Wicker).

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