[Congressional Record Volume 157, Number 1 (Wednesday, January 5, 2011)]
[Daily Digest]
[Pages D1-D5]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                         Wednesday, January 5, 2011

[[Page D1]]

                              Daily Digest


HIGHLIGHTS

      Senate convened the first session of the One Hundred Twelfth 
      Congress.
      Senate agreed to S. Con. Res. 1, Adjournment Resolution.


                                 Senate


Chamber Action
Routine Proceedings, pages S1-S70
Measures Introduced: Fifteen resolutions were introduced, as follows: 
S. Res. 1-13, and S. Con. Res. 1-2.                        
  Pages S63-64
Measures Passed:
  Notification to the President: Senate agreed to S. Res. 1, informing 
the President of the United States that a quorum of each House is 
assembled.                                                      
  Page S6
  Notification to the House of Representatives: Senate agreed to S. 
Res. 2, informing the House of Representatives that a quorum of the 
Senate is assembled.                                            
  Page S6
  Fixing the Hour of Daily Meeting: Senate agreed to S. Res. 3, fixing 
the hour of daily meeting of the Senate.                        
  Page S6
  Honoring Senator Barbara Mikulski: Senate agreed to S. Res. 4, 
honoring Senator Barbara Mikulski for becoming the longest-serving 
female Senator in history.                                  
  Pages S6-13
  Electing the Secretary for the Majority: Senate agreed to S. Res. 5, 
electing Gary B. Myrick, of Virginia, as Secretary for the Majority of 
the Senate.                                                    
  Page S14
  Appointment of Senate Legal Counsel: Senate agreed to S. Res. 6, to 
make effective appointment of Senate Legal Counsel.            
  Page S14
  Appointment of Deputy Senate Legal Counsel: Senate agreed to S. Res. 
7, to make effective appointment of Deputy Senate Legal Counsel. 
                                                               Page S14
  Adjournment Resolution: Senate agreed to S. Con. Res. 1, providing 
for a conditional recess or adjournment of the Senate and an 
adjournment of the House of Representatives.                   
  Page S15
  Authorizing the Use of the Capitol Rotunda: Senate agreed to S. Con. 
Res. 2, authorizing the use of the rotunda of the Capitol for an event 
marking the 50th anniversary of the inaugural address of President John 
F. Kennedy.                                                    
  Page S68
Appointments:
  Senate Legal Counsel: The Chair, on behalf of the President pro 
tempore, pursuant to Public Law 95-521, appointed Morgan J. Frankel as 
Senate Legal Counsel for a term of service to expire at the end of the 
113th Congress.                                                
  Page S14
  Deputy Senate Legal Counsel: The Chair, on behalf of the President 
pro tempore, pursuant to Public Law 95-521, appointed Patricia Mack 
Bryan as Deputy Senate Legal Counsel for a term of service to expire at 
the end of the 113th Congress.                                 
  Page S14
  National Commission for Review of Research and Development Programs 
of the United States Intelligence Community: The Chair, on behalf of 
the Majority Leader, after consultation with the Chairman of the Select 
Committee on Intelligence, and pursuant to provisions of Public Law 
107-306, as amended by Public Law 111-259, announced the appointment of 
the following individuals to serve as members of the National 
Commission for Review of Research and Development Programs of the 
United States Intelligence Community: Gilman Louie of California and 
Troy Wade of Nevada.                                           
  Page S68
Administration of Oath of Office: The Senators-elect were administered 
the oath of office by the Vice President of the United States. 
                                                             Pages S4-5
Unanimous Consent Agreements:
  Authority for Select Committee on Ethics: A unanimous-consent 
agreement was reached providing that for the duration of the 112th 
Congress, the Ethics Committee be authorized to meet during the session 
of the Senate.                                                 
  Page S14
  Time for Roll Call Votes: A unanimous-consent agreement was reached 
providing that for the duration of the 112th Congress, there be a 
limitation of

[[Page D2]]

15 minutes each upon any roll call vote, with the warning signal to be 
sounded at the midway point, beginning at the last 7\1/2\ minutes, and 
when roll call votes are of 10 minute duration, the warning signal be 
sounded at the beginning of the last 7\1/2\ minutes.           
  Page S14
  Authority to Receive Reports: A unanimous-consent agreement was 
reached providing that during the 112th Congress, it be in order for 
the Secretary of the Senate to receive reports at the desk when 
presented by a Senator at any time during the day of the session of the 
Senate.                                                        
  Page S14
  Recognition of Leadership: A unanimous-consent agreement was reached 
providing that the Majority and Minority Leaders may daily have up to 
10 minutes each on each calendar day following the prayer and 
disposition of the reading of, or the approval of, the Journal. 
                                                               Page S14
  House Parliamentarian Floor Privileges: A unanimous-consent agreement 
was reached providing that the Parliamentarian of the House of 
Representatives and his four assistants be given the privileges of the 
floor during the 112th Congress.                               
  Page S14
  Printing of Conference Reports: A unanimous-consent agreement was 
reached providing that, notwithstanding the provisions of Rule XXVIII, 
conference reports and statements accompanying them not be printed as 
Senate reports when such conference reports and statements have been 
printed as a House report unless specific request is made in the Senate 
in each instance to have such a report printed.                
  Page S14
  Authority for Appropriations Committee: A unanimous-consent agreement 
was reached providing that the Committee on Appropriations be 
authorized during the 112th Congress to file reports during 
adjournments or recesses of the Senate on appropriations bills, 
including joint resolutions, together with any accompanying notices of 
motions to suspend Rule XVI, pursuant to Rule V, for the purpose of 
offering certain amendments to such bills or joint resolutions, which 
proposed amendments shall be printed.                          
  Page S14
  Authority for Corrections in Engrossment: A unanimous-consent 
agreement was reached providing that for the duration of the 112th 
Congress, the Secretary of the Senate be authorized to make technical 
and clerical corrections in the engrossments of all Senate-passed bills 
and joint resolutions, Senate amendments to House bills and 
resolutions, Senate amendments to House amendments to Senate bills or 
resolutions, and Senate amendments to House amendments to Senate 
amendments to House bills or resolutions.                      
  Page S14
  Authority to Receive Messages and Sign Enrolled Measures: A 
unanimous-consent agreement was reached providing that for the duration 
of the 112th Congress, when the Senate is in recess or adjournment, the 
Secretary of the Senate is authorized to receive messages from the 
President of the United States, and--with the exception of House bills, 
joint resolutions and concurrent resolutions--messages from the House 
of Representatives; and that they be appropriately referred; and that 
the President of the Senate, the President pro tempore, and the Acting 
President pro tempore be authorized to sign duly enrolled bills and 
joint resolutions.                                             
  Page S14
  Privileges of the Floor: A unanimous-consent agreement was reached 
providing that for the duration of the 112th Congress, Senators be 
allowed to leave at the desk with the Journal Clerk the names of two 
staff members who will be granted the privilege of the floor during the 
consideration of the specific matter noted, and that the Sergeant-at-
Arms be instructed to rotate staff members as space allows.    
  Page S14
  Referral of Treaties and Nominations: A unanimous-consent agreement 
was reached providing that for the duration of the 112th Congress, it 
be in order to refer treaties and nominations on the day when they are 
received from the President, even when the Senate has no executive 
session that day.                                              
  Page S14
  Authority to Introduce Measures: A unanimous-consent agreement was 
reached providing that for the duration of the 112th Congress, Senators 
may be allowed to bring to the desk, bills, joint resolutions, 
concurrent resolutions and simple resolutions, for referral to 
appropriate committees.                                        
  Page S14
  A unanimous-consent agreement was reached providing that the first 
day for the introduction of bills and joint resolutions in the 112th 
Congress be Tuesday, January 25, 2011.                         
Page S15
Message from the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, a report of the apportionment 
population for each state as of April 1, 2010, and the number of 
Representatives to which each State would be entitled; which was 
referred to the Committee on Homeland Security and Governmental 
Affairs. (PM-1)                                                
Page S61
Nominations Received: Senate received the following nominations:
  Jimmie V. Reyna, of Maryland, to be United States Circuit Judge for 
the Federal Circuit.
  Victoria Frances Nourse, of Wisconsin, to be United States Circuit 
Judge for the Seventh Circuit.

[[Page D3]]


  Goodwin Liu, of California, to be United States Circuit Judge for the 
Ninth Circuit.
  James E. Graves, Jr., of Mississippi, to be United States Circuit 
Judge for the Fifth Circuit.
  Caitlin Joan Halligan, of New York, to be United States Circuit Judge 
for the District of Columbia Circuit.
  Edward Carroll DuMont, of the District of Columbia, to be United 
States Circuit Judge for the Federal Circuit.
  Bernice Bouie Donald, of Tennessee, to be United States Circuit Judge 
for the Sixth Circuit.
  Susan L. Carney, of Connecticut, to be United States Circuit Judge 
for the Second Circuit.
  Arenda L. Wright Allen, of Virginia, to be United States District 
Judge for the Eastern District of Virginia.
  Anthony J. Battaglia, of California, to be United States District 
Judge for the Southern District of California.
  Cathy Bissoon, of Pennsylvania, to be United States District Judge 
for the Western District of Pennsylvania.
  James Emanuel Boasberg, of the District of Columbia, to be United 
States District Judge for the District of Columbia.
  Vincent L. Briccetti, of New York, to be United States District Judge 
for the Southern District of New York.
  Louis B. Butler, Jr., of Wisconsin, to be United States District 
Judge for the Western District of Wisconsin.
  Claire C. Cecchi, of New Jersey, to be United States District Judge 
for the District of New Jersey.
  Edward Milton Chen, of California, to be United States District Judge 
for the Northern District of California.
  Max Oliver Cogburn, Jr., of North Carolina, to be United States 
District Judge for the Western District of North Carolina.
  Mae A. D'Agostino, of New York, to be United States District Judge 
for the Northern District of New York.
  Roy Bale Dalton, Jr., of Florida, to be United States District Judge 
for the Middle District of Florida.
  Sara Lynn Darrow, of Illinois, to be United States District Judge for 
the Central District of Illinois.
  Edward J. Davila, of California, to be United States District Judge 
for the Northern District of California.
  Charles Bernard Day, of Maryland, to be United States District Judge 
for the District of Maryland.
  Marco A. Hernandez, of Oregon, to be United States District Judge for 
the District of Oregon.
  Paul Kinloch Holmes III, of Arkansas, to be United States District 
Judge for the Western District of Arkansas.
  Mark Raymond Hornak, of Pennsylvania, to be United States District 
Judge for the Western District of Pennsylvania.
  Amy Berman Jackson, of the District of Columbia, to be United States 
District Judge for the District of Colorado.
  Richard Brooke Jackson, of Colorado, to be United States District 
Judge for the District of Colorado.
  Steve C. Jones, of Georgia, to be United States District Judge for 
the Northern District of Georgia.
  John A. Kronstadt, of California, to be United States District Judge 
for the Central District of California.
  Robert David Mariani, of Pennsylvania, to be United States District 
Judge for the Middle District of Pennsylvania.
  Marina Garcia Marmolejo, of Texas, to be United States District Judge 
for the Southern District of Texas.
  John J. McConnell, Jr., of Rhode Island, to be United States District 
Judge for the District of Rhode Island.
  Sue E. Myerscough, of Illinois, to be United States District Judge 
for the Central District of Illinois.
  John Andrew Ross, of Missouri, to be United States District Judge for 
the Eastern District of Missouri.
  Esther Salas, of New Jersey, to be United States District Judge for 
the District of New Jersey.
  Diana Saldana, of Texas, to be United States District Judge for the 
Southern District of Texas.
  James E. Shadid, of Illinois, to be United States District Judge for 
the Central District of Illinois.
  Kevin Hunter Sharp, of Tennessee, to be United States District Judge 
for the Middle District of Tennessee.
  Michael H. Simon, of Oregon, to be United States District Judge for 
the District of Oregon.
  Amy Totenberg, of Georgia, to be United States District Judge for the 
Northern District of Georgia.
  Michael Francis Urbanski, of Virginia, to be United States District 
Judge for the Western District of Virginia.
  Kathleen M. Williams, of Florida, to be United States District Judge 
for the Southern District of Florida.
  Virginia A. Seitz, of the District of Columbia, to be an Assistant 
Attorney General.
  Andrew L. Traver, of Illinois, to be Director, Bureau of Alcohol, 
Tobacco, Firearms, and Explosives.
  Denise Ellen O'Donnell, of New York, to be Director of the Bureau of 
Justice Assistance.

[[Page D4]]


  Timothy J. Feighery, of New York, to be Chairman of the Foreign 
Claims Settlement Commission of the United States for a term expiring 
September 30, 2012.
  James Xavier Dempsey, of California, to be a Member of the Privacy 
and Civil Liberties Oversight Board for a term expiring January 29, 
2016.
  Elisebeth Collins Cook, of Illinois, to be a Member of the Privacy 
and Civil Liberties Oversight Board for a term expiring January 29, 
2014.
  James Michael Cole, of the District of Columbia, to be Deputy 
Attorney General (Recess Appointment).
  Michael Vickers, of Virginia, to be Under Secretary of Defense for 
Intelligence.
  Jo Ann Rooney, of Massachusetts, to be Principal Deputy Under 
Secretary of Defense for Personnel and Readiness.
  Peter A. Diamond, of Massachusetts, to be a Member of the Board of 
Governors of the Federal Reserve System for the unexpired term of 
fourteen years from February 1, 2000.
  Kathryn D. Sullivan, of Ohio, to be an Assistant Secretary of 
Commerce.
  Frances M.D. Gulland, of California, to be a Member of the Marine 
Mammal Commission for a term expiring May 13, 2012.
  Ann D. Begeman, of Virginia, to be a Member of the Surface 
Transportation Board for a term expiring December 31, 2015.
  Peter Bruce Lyons, of New Mexico, to be an Assistant Secretary of 
Energy (Nuclear Energy).
  Daniel M. Ashe, of Maryland, to be Director of the United States Fish 
and Wildlife Service.
  Maurice B. Foley, of Maryland, to be a Judge of the United States Tax 
Court for a term of fifteen years.
  Jenni Rane LeCompte, of the District of Columbia, to be an Assistant 
Secretary of the Treasury.
  Kurt Walter Tong, of Maryland, a Career Member of the Senior Foreign 
Service, Class of Counselor, for the rank of Ambassador during his 
tenure of service as United States Senior Official for the Asia-Pacific 
Economic Cooperation (APEC) Forum.
  James A. Torrey, of Connecticut, to be a Member of the Board of 
Directors of the Overseas Private Investment Corporation for a term 
expiring December 17, 2013.
  Joseph M. Torsella, of Pennsylvania, to be Representative of the 
United States of America to the United Nations for U.N. Management and 
Reform, with the rank of Ambassador.
  Joseph M. Torsella, of Pennsylvania, to be Alternate Representative 
of the United States of America to the Sessions of the General Assembly 
of the United Nations, during his tenure of service as Representative 
of the United States of America to the United Nations for U.N. 
Management and Reform.
  David Bruce Shear, of New York, to be Ambassador to the Socialist 
Republic of Vietnam.
  Allison A. Hickey, of Virginia, to be Under Secretary for Benefits of 
the Department of Veterans Affairs.
  Daniel L. Shields III, of Pennsylvania, to be Ambassador to Brunei 
Darussalam.
  Pamela L. Spratlen, of California, to be Ambassador to the Kyrgyz 
Republic.
  Eric G. Postel, of Wisconsin, to be an Assistant Administrator of the 
United States Agency for International Development.
  Terry Lewis, of Michigan, to be a Member of the Board of Directors of 
the Overseas Private Investment Corporation for a term expiring 
December 17, 2011.
  Terry Lewis, of Michigan, to be a Member of the Board of Directors of 
the Overseas Private Investment Corporation for a term expiring 
December 17, 2014.
  Nils Maarten Parin Daulaire, of Virginia, to be Representative of the 
United States on the Executive Board of the World Health Organization.
  Sue Kathrine Brown, of Texas, to be Ambassador to Montenegro.
  Martha Wagner Weinberg, of Massachusetts, to be a Member of the 
National Council on the Humanities for a term expiring January 26, 
2016.
  Clyde E. Terry, of New Hampshire, to be a Member of the National 
Council on Disability for a term expiring September 17, 2013.
  Leon Rodriguez, of Maryland, to be Administrator of the Wage and Hour 
Division, Department of Labor.
  Cora B. Marrett, of Wisconsin, to be Deputy Director of the National 
Science Foundation.
  Janice Lehrer-Stein, of California, to be a Member of the National 
Council on Disability for a term expiring September 17, 2013.
  Kelvin K. Droegemeier, of Oklahoma, to be a Member of the National 
Science Board, National Science Foundation for a term expiring May 10, 
2016.
  Paula Barker Duffy, of Illinois, to be a Member of the National 
Council on the Humanities for a term expiring January 26, 2016.
  Aaron Paul Dworkin, of Michigan, to be a Member of the National 
Council on the Arts for a term expiring September 3, 2014.
  Cathy N. Davidson, of North Carolina, to be a Member of the National 
Council on the Humanities for a term expiring January 26, 2016.

[[Page D5]]


  Constance M. Carroll, of California, to be a Member of the National 
Council on the Humanities for a term expiring January 26, 2016.
  Albert J. Beveridge III, of the District of Columbia, to be a Member 
of the National Council on the Humanities for a term expiring January 
26, 2016.
  Thomas M. Beck, of Virginia, to be a Member of the National Mediation 
Board for a term expiring July 1, 2013.
  Terence Francis Flynn, of Maryland, to be a Member of the National 
Labor Relations Board for the term of five years expiring August 27, 
2015.
  Lafe E. Solomon, of Maryland, to be General Counsel of the National 
Labor Relations Board.
  Carolyn N. Lerner, of Maryland, to be Special Counsel, Office of 
Special Counsel, for the term of five years.
  Stephanie O'Sullivan, of Virginia, to be Principal Deputy Director of 
National Intelligence.
  Steve L. Muro, of California, to be Under Secretary of Veterans 
Affairs for Memorial Affairs.                              
Pages S68-70
Messages from the House:                                   
  Pages S61-62
Measures Held Over/Under Rule:                                 
  Page S62
Enrolled Bills Presented:                                      
  Page S62
Executive Communications:                                  
  Pages S62-63
Statements on Introduced Bills/Resolutions:                
  Pages S64-68
Additional Statements:                                     
  Pages S60-61
Privileges of the Floor:                                       
  Page S68
Quorum Calls:
  One quorum call was taken today. (Total--1)                   
Page S5
Recess: Senate convened at 12:04 p.m. and recessed, pursuant to the 
provisions of S. Con. Res. 1, at 7:33 p.m., until 10 a.m. on Tuesday, 
January 25, 2011. (For Senate's program, see the remarks of the 
Majority Leader in today's Record on page S68.)