[Congressional Record Volume 157, Number 120 (Tuesday, August 2, 2011)]
[Daily Digest]
[Pages D891-D894]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                            Tuesday, August 2, 2011

[[Page D891]]

                              Daily Digest


HIGHLIGHTS

      Senate agreed to the motion to concur in the amendment of the 
      House of Representatives to S. 365, Budget Control Act.


                                 Senate


Chamber Action
Routine Proceedings, pages S5201-S5295
Measures Introduced: Forty-three bills and nine resolutions were 
introduced, as follows: S. 1467-1509, S.J. Res. 24, S. Res. 250-256, 
and S. Con. Res. 28.                                     
  Pages S5250-51
Measures Reported:
  Report to accompany S. 623, to amend chapter 111 of title 28, United 
States Code, relating to protective orders, sealing of cases, 
disclosures of discovery information in civil actions. (S. Rept. No. 
112-45)
  S. 538, to amend the Neotropical Migratory Bird Conservation Act to 
reauthorize the Act, with an amendment. (S. Rept. No. 112-46) 
                                                             Page S5248
Measures Passed:
  Correcting Enrollment: Senate agreed to H. Con. Res. 70, correcting 
the enrollment of S. 365.                                    
  Page S5223
  Hazardous Waste Electronic Manifest Establishment Act: Senate passed 
S. 710, to amend the Solid Waste Disposal Act to direct the 
Administrator of the Environmental Protection Agency to establish a 
hazardous waste electronic manifest system.              
  Pages S5281-83
  Conveyance of Real Property: Senate passed S. 1302, to authorize the 
Administrator of General Services to convey a parcel of real property 
in Tracy, California, to the City of Tracy.                  
  Page S5283
  Campus Fire Safety Month: Committee on the Judiciary was discharged 
from further consideration of S. Res. 104, designating September 2011 
as ``Campus Fire Safety Month'', and the resolution was then agreed to.
                                                         Pages S5283-84
  National Airborne Day: Senate agreed to S. Res. 254, designating 
August 16, 2011, as ``National Airborne Day''.               
  Page S5284
  National Chess Day: Senate agreed to S. Res. 255, designating October 
8, 2011, as ``National Chess Day'' to enhance awareness and encourage 
students and adults to engage in a game known to enhance critical 
thinking and problem-solving skills.                      
  Page S5284-85
Measures Considered:
  Leahy-Smith America Invents Act--Agreement: Senate began 
consideration of the motion to proceed to consideration of H.R. 1249, 
to amend title 35, United States Code, to provide for patent reform. 
                                                             Page S5281
  A motion was entered to close further debate on the motion to proceed 
to consideration of the bill, and, in accordance with the provisions of 
Rule XXII of the Standing Rules of the Senate, and pursuant to the 
unanimous-consent agreement of Tuesday, August 2, 2011, a vote on 
cloture will occur following the disposition of the nomination of 
Bernice Bouie Donald, of Tennessee, to be United States Circuit Judge 
for the Sixth Circuit, on Tuesday, September 6, 2011.        
Page S5281
  A unanimous-consent agreement was reached providing that Senate 
resume consideration of the motion to proceed to consideration of the 
bill, on Tuesday, September 6, 2011, following the disposition of the 
nomination of Bernice Bouie Donald, of Tennessee, to be United States 
Circuit Judge for the Sixth Circuit, and the resumption of Legislative 
Session, and Senate vote on the motion to invoke cloture on the motion 
to proceed to consideration of the bill.                     
Page S5281
House Messages:
  Budget Control Act: By 74 yeas to 26 nays (Vote No. 123), Senate 
agreed to the motion to concur in the amendment of the House of 
Representatives to S. 365, to make a technical amendment to the 
Education Sciences Reform Act of 2002, by the order of

[[Page D892]]

the Senate of Monday, August 1, 2011, 60 Senators having voted in the 
affirmative.                                             
  Pages S5201-23
Authority for Committees--Agreement: A unanimous-consent agreement was 
reached providing that, notwithstanding the Senate's recess, committees 
be authorized to report legislative and executive matters on Tuesday, 
August 30, 2011, from 10 a.m. until 12 noon.                 
  Page S5292
Authorizing Leadership to Make Appointments--Agreement: A unanimous-
consent agreement was reached providing that, notwithstanding the 
upcoming recess or adjournment of the Senate, the President of the 
Senate, the President Pro Tempore, and the Majority and Minority 
Leaders be authorized to make appointments to commissions, committees, 
boards, conferences, or interparliamentary conferences authorized by 
law, by concurrent action of the two Houses, or by order of the Senate.
                                                             Page S5292
Signing Authority--Agreement: A unanimous-consent agreement was reached 
providing that from Tuesday, August 2, through Tuesday, September 6, 
2011, the Majority Leader and Senator Rockefeller be authorized to sign 
duly enrolled bills or joint resolutions.                    
  Page S5292
Pro Forma--Agreement: A unanimous-consent agreement was reached 
providing that when the Senate completes its business on Tuesday, 
August 2, 2011, it recess and convene for pro forma sessions only with 
no business conducted on the following dates and times, and that 
following each pro forma session, Senate recess until the following pro 
forma session: Friday, August 5th at 10 a.m., Tuesday, August 9th at 11 
a.m., Friday, August 12th at 12 p.m., Tuesday, August 16th at 11 a.m., 
Friday, August 19th at 10 a.m., Tuesday, August 23rd at 2:30 p.m., 
Friday, August 26th at 11:15 a.m., Tuesday, August 30th at 10 a.m., and 
Friday, September 2nd at 10 a.m.                             
  Page S5292
Message from the President: Senate received the following message from 
the President of the United States:
  Transmitting, pursuant to law, certification that the debt subject to 
limit is within $100,000,000,000 of the limit in 31 U.S.C. 3101(b) and 
that further borrowing is required to meet existing commitments; which 
was referred to the Committee on Finance. (PM-17)            
Page S5247
Donald Nomination--Agreement: A unanimous-consent-time agreement was 
reached providing that at 5 p.m., on Tuesday, September 6, 2011, Senate 
begin consideration of the nomination of Bernice Bouie Donald, of 
Tennessee, to be United States Circuit Judge for the Sixth Circuit; 
that there be 30 minutes for debate equally divided in the usual form; 
that upon the use or yielding back of time, Senate vote, without 
intervening action or debate, on confirmation of the nomination. 
                                                             Page S5281
Nominations Confirmed: Senate confirmed the following nominations:
  Sara Lynn Darrow, of Illinois, to be United States District Judge for 
the Central District of Illinois.
  Richard Brooke Jackson, of Colorado, to be United States District 
Judge for the District of Colorado.
  Kathleen M. Williams, of Florida, to be United States District Judge 
for the Southern District of Florida.
  David Bruce Shear, of New York, to be Ambassador to the Socialist 
Republic of Vietnam.
  Aaron Paul Dworkin, of Michigan, to be a Member of the National 
Council on the Arts for a term expiring September 3, 2014.
  Nelva Gonzales Ramos, of Texas, to be United States District Judge 
for the Southern District of Texas.
  Jennifer A. Di Toro, of the District of Columbia, to be an Associate 
Judge of the Superior Court of the District of Columbia for the term of 
fifteen years.
  Yvonne M. Williams, of the District of Columbia, to be an Associate 
Judge of the Superior Court of the District of Columbia for the term of 
fifteen years.
  Clayton D. Johnson, of Oklahoma, to be United States Marshal for the 
Northern District of Oklahoma for the term of four years.
  David V. Brewer, of Oregon, to be a Member of the Board of Directors 
of the State Justice Institute for a term expiring September 17, 2013.
  Eric S. Edelman, of Virginia, to be a Member of the Board of 
Directors of the United States Institute of Peace for a term of four 
years.
  Madelyn R. Creedon, of Indiana, to be an Assistant Secretary of 
Defense.
  Paul D. Wohlers, of Washington, to be Ambassador to the Republic of 
Macedonia.
  Dan Arvizu, of Colorado, to be a Member of the National Science 
Board, National Science Foundation, for a term expiring May 10, 2016.
  Alan I. Leshner, of Maryland, to be a Member of the National Science 
Board, National Science Foundation, for a term expiring May 10, 2016.
  Alan F. Estevez, of the District of Columbia, to be an Assistant 
Secretary of Defense.
  William Carl Lineberger, of Colorado, to be a Member of the National 
Science Board, National Science Foundation, for a term expiring May 10, 
2016.

[[Page D893]]


  Barbara Jeanne Ells, of Colorado, to be a Member of the Board of 
Trustees of the Institute of American Indian and Alaska Native Culture 
and Arts Development for a term expiring October 18, 2016.
  Deborah Downing Goodman, of Oklahoma, to be a Member of the Board of 
Trustees of the Institute of American Indian and Alaska Native Culture 
and Arts Development for a term expiring October 18, 2014.
  Cynthia Chavez Lamar, of New Mexico, to be a Member of the Board of 
Trustees of the Institute of American Indian and Alaska Native Culture 
and Arts Development for a term expiring May 19, 2016.
  Derek J. Mitchell, of Connecticut, to be Special Representative and 
Policy Coordinator for Burma, with the rank of Ambassador.
  Jeffrey DeLaurentis, of New York, to be Alternate Representatives of 
the United States of America for Special Political Affairs in the 
United Nations, with the rank of Ambassador.
  Jeffrey DeLaurentis, of New York, to be an 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 Alternate 
Representative of the United States of America for Special Political 
Affairs in the United Nations.
  William H. Moser, of North Carolina, to be Ambassador to the Republic 
of Moldova.
  Frankie Annette Reed, of Maryland, to be Ambassador to the Republic 
of the Fiji Islands, and to serve concurrently and without additional 
compensation as Ambassador to the Republic of Nauru, the Kingdom of 
Tonga, Tuvalu, and the Republic of Kiribati.
  David S. Adams, of the District of Columbia, to be an Assistant 
Secretary of State (Legislative Affairs).
  Arnold A. Chacon, of Virginia, to be Ambassador to the Republic of 
Guatemala.
  Earl Anthony Wayne, of Maryland, to be Ambassador to Mexico.
  Deborah A. P. Hersman, of Virginia, to be Chairman of the National 
Transportation Safety Board for a term of two years. (Prior to this 
action, Committee on Commerce, Science, and Transportation was 
discharged from further consideration.)
  Matthew G. Olsen, of Maryland, to be Director of the National 
Counterterrorism Center, Office of the Director of National 
Intelligence.
  32 Air Force nominations in the rank of general.
  62 Army nominations in the rank of general.
  8 Navy nominations in the rank of admiral.
  Routine lists in the Air Force, Army, Foreign Service, Marine Corps, 
and Navy.                                      
Pages S5285-92, S5293-95
Nominations Received: Senate received the following nominations:
  Adalberto Jose Jordan, of Florida, to be United States Circuit Judge 
for the Eleventh Circuit.
  Miranda Du, of Nevada, to be United States District Judge for the 
District of Nevada.
  David B. Barlow, of Utah, to be United States Attorney for the 
District of Utah for the term of four years.
  Catharine Friend Easterly, of the District of Columbia, to be an 
Associate Judge of the District of Columbia Court of Appeals for the 
term of fifteen years.
  Nancy Maria Ware, of the District of Columbia, to be Director of the 
Court Services and Offender Supervision Agency for the District of 
Columbia for a term of six years.
  Ernest Mitchell, Jr., of California, to be Administrator of the 
United States Fire Administration, Federal Emergency Management Agency, 
Department of Homeland Security.
  Irvin Charles McCullough III, of Maryland, to be Inspector General of 
the Intelligence Community, Office of the Director of National 
Intelligence.
  Ashton B. Carter, of Massachusetts, to be Deputy Secretary of 
Defense.
  Gregory Howard Woods, of New York, to be General Counsel of the 
Department of Energy.
  5 Air Force nominations in the rank of general.
  Routine lists in the Army, and Navy.                       
Page S5293
Nomination Withdrawn: Senate received notification of withdrawal of the 
following nomination:
  Leon Rodriguez, of Maryland, to be Administrator of the Wage and Hour 
Division, Department of Labor, which was sent to the Senate on January 
5, 2011.                                                     
Page S5295
Messages from the House:                                     
  Page S5247
Measures Referred:                                           
  Page S5247
Enrolled Bills Presented:                                    
  Page S5247
Executive Communications:                                
  Pages S5247-48
Executive Reports of Committees:                         
  Pages S5248-50
Additional Cosponsors:                                   
  Pages S5251-54
Statements on Introduced Bills/Resolutions:              
  Pages S5254-70
Additional Statements:                                   
  Pages S5243-47
Authorities for Committees to Meet:                          
  Page S5270
Privileges of the Floor:                                     
  Page S5270
Record Votes: One record vote was taken today. (Total--123) 
                                                             Page S5221

[[Page D894]]

Recess: Senate convened at 9:30 a.m. and recessed at 6:43 p.m., until 
10 a.m. on Friday, August 5, 2011. (For Senate's program, see the 
remarks of the Majority Leader in today's Record on page S5292.)