[Congressional Record Volume 159, Number 1 (Thursday, January 3, 2013)]
[Daily Digest]
[Pages D1-D6]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                          Thursday, January 3, 2013

[[Page D1]]

                              Daily Digest


HIGHLIGHTS

      First Session of the One Hundred and Thirteenth Congress convened 
      as prescribed by the Constitution of the United States.
      Senate agreed to S. Con. Res. 3, Adjournment Resolution.
       See Resume of Congressional Activity.
      The Honorable John A. Boehner was elected Speaker of the House of 
      Representatives.


 =========================== NOTE =========================== 

  
  On page D1, January 3, 2013, the following language appears: 
HIGHLIGHTS See Resume of Congressional Activity. House convened 
the first session of the One Hundred Thirteenth Congress. The 
Honorable John A. Boehner was elected Speaker of the House of 
Representatives.
  
  The online Record has been corrected to read: HIGHLIGHTS See 
Resume of Congressional Activity. The Honorable John A. Boehner 
was elected Speaker of the House of Representatives.


 ========================= END NOTE ========================= 



Senate

Chamber Action
                   Routine Proceedings, pages S1-S18
     Measures Introduced: Ten resolutions were introduced, as 
     follows: S. Res. 1-7, and S. Con. Res. 1-3.
     s Passed:
     Notification to the President: Senate agreed to S. Res. 1, 
     infasureorming 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
     Counting of Electoral Votes: Senate agreed to S. Con. Res. 1, 
     to provide for the counting on January 4, 2013, of the 
     electoral votes for President and Vice President of the 
     United States.                                        
       Page S6
     Joint Congressional Committee on Inaugural Ceremonies: Senate 
     agreed to S. Con. Res. 2, extending the life of the Joint 
     Congressional Committee on Inaugural Ceremonies.      
       Page S7
     Fixing the Hour of Daily Meeting: Senate agreed to S. Res. 3, 
     fixing the hour of daily meeting of the Senate.       
       Page S7
     Adjournment Resolution: Senate agreed to S. Con. Res. 3, 
     providing for a conditional adjournment or recess of the 
     Senate and an adjournment of the House of Representatives. 
                                                        Pages S7-8
     Appointments:
     Notifying the President of an Assembled Quorum: Pursuant to 
     S. Res. 1, the Chair appointed the Senator from Nevada, Mr. 
     Reid, and the Senator from Kentucky, Mr. McConnell, as a 
     committee to join the committee on the part of the House of 
     Representatives to wait upon the President of the United 
     States and inform him that a quorum is assembled and that the 
     Congress is ready to receive any communication he may be 
     pleased to make.                                      
       Page S6
       113th Congress--Unanimous Consent Agreements:
     Authority for Select Committee on Ethics: A unanimous-consent 
     agreement was reached providing that for the duration of the 
     113th Congress, the Ethics Committee be authorized to meet 
     during the session of the Senate.                     
       Page S7
     Time for Roll Call Votes: A unanimous-consent agreement was 
     reached providing that for the duration of the 113th 
     Congress, there be a limitation of 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 S7
     Authority to Receive Reports: A unanimous-consent agreement 
     was reached providing that during the 113th 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 S7

[[Page D2]]

     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 S7
     House Parliamentarian Floor Privileges: A unanimous-consent 
     agreement was reached providing that the Parliamentarian of 
     the House of Representatives and his five assistants be given 
     the privileges of the floor during the 113th Congress. 
                                                           Page S7
     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 S7
     Authority for Appropriations Committee: A unanimous-consent 
     agreement was reached providing that the Committee on 
     Appropriations be authorized during the 113th 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 S7
     Authority for Corrections in Engrossment: A unanimous-consent 
     agreement was reached providing that, for the duration of the 
     113th 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 S7
     Authority to Receive Messages and Sign Enrolled Measures: A 
     unanimous-consent agreement was reached providing that for 
     the duration of the 113th 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 S7
     Privileges of the Floor: A unanimous-consent agreement was 
     reached providing that for the duration of the 113th 
     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 S7
     Referral of Treaties and Nominations: A unanimous-consent 
     agreement was reached providing that for the duration of the 
     113th 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 S7
     Authority to Introduce Measures: A unanimous-consent 
     agreement was reached providing that for the duration of the 
     113th Congress, Senators may be allowed to bring to the desk, 
     bills, joint resolutions, concurrent resolutions and simple 
     resolutions, for referral to appropriate committees. 
                                                           Page S7
     Authority to Introduce Measures: A unanimous-consent 
     agreement was reached providing that the first day for the 
     introduction of bills and joint resolutions in the 113th 
     Congress be Tuesday, January 22, 2013.                
       Page S7
     Final Ascertainment of the Electors for President and Vice 
     President: The Chair lays before the Senate communications 
     from the Director of the National Archives, transmitting 
     pursuant to the law, certified copies of the final 
     ascertainment of the electors for President and Vice 
     President, which are ordered to lie on the table.    
       Page S16
     Nominations Returned to the President: The following 
     nominations were returned to the President failing of 
     confirmation under Senate Rule XXXI at the time of the 
     adjournment of the 112th Congress:
  Kevin A. Ohlson, of Virginia, to be a Judge of the United States 
Court of Appeals for the Armed Forces for the term of fifteen years to 
expire on the date prescribed by law.
  Eric Kenneth Fanning, of the District of Columbia, to be Under 
Secretary of the Air Force.
  Lafe E. Solomon, of Maryland, to be General Counsel of the National 
Labor Relations Board.
  Agnes Gund, of New York, to be a Member of the National Council on 
the Arts for a term expiring September 3, 2016.
  Harry R. Hoglander, of Massachusetts, to be a Member of the National 
Mediation Board for a term expiring July 1, 2014.

[[Page D3]]


  Sharon Block, of the District of Columbia, to be a Member of the 
National Labor Relations Board for the term of five years expiring 
December 16, 2014.
  Richard F. Griffin, Jr., of the District of Columbia, to be a Member 
of the National Labor Relations Board for the term of five years 
expiring August 27, 2016.
  Sharon Block, of the District of Columbia, to be a Member of the 
National Labor Relations Board for the term of five years expiring 
December 16, 2014 (Recess Appointment).
  Richard F. Griffin, Jr., of the District of Columbia, to be a Member 
of the National Labor Relations Board for the term of five years 
expiring August 27, 2016 (Recess Appointment).
  Arthur Bienenstock, of California, to be a Member of the National 
Science Board, National Science Foundation for a term expiring May 10, 
2016.
  Suravi Gangopadhyay, of Michigan, to be a Member of the National 
Museum and Library Services Board for a term expiring December 6, 2016.
  Luis Herrera, of California, to be a Member of the National Museum 
and Library Services Board for a term expiring December 6, 2014.
  Suzanne E. Thorin, of New York, to be a Member of the National Museum 
and Library Services Board for a term expiring December 6, 2015.
  Donna Mary Murphy, 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.
  Henry J. Aaron, of the District of Columbia, to be a Member of the 
Social Security Advisory Board for a term expiring September 30, 2014.
  Ben S. Bernanke, of New Jersey, to be United States Alternate 
Governor of the International Monetary Fund for a term of five years.
  Kenneth J. Kopocis, of Virginia, to be an Assistant Administrator of 
the Environmental Protection Agency.
  Patty Shwartz, of New Jersey, to be United States Circuit Judge for 
the Third Circuit.
  Richard Gary Taranto, of Maryland, to be United States Circuit Judge 
for the Federal Circuit.
  David Medine, of Maryland, to be Chairman and Member of the Privacy 
and Civil Liberties Oversight Board for a term expiring January 29, 
2012.
  David Medine, of Maryland, to be Chairman and Member of the Privacy 
and Civil Liberties Oversight Board for a term expiring January 29, 
2018.
  Robert E. Bacharach, of Oklahoma, to be United States Circuit Judge 
for the Tenth Circuit.
  William J. Kayatta, Jr., of Maine, to be United States Circuit Judge 
for the First Circuit.
  Marcilynn A. Burke, of North Carolina, to be an Assistant Secretary 
of the Interior.
  Carlos Pascual, of the District of Columbia, to be an Assistant 
Secretary of State (Energy Resources).
  Brian J. Davis, of Florida, to be United States District Judge for 
the Middle District of Florida.
  Charles P. Rose, of Illinois, to be a Member of the Board of Trustees 
of the Morris K. Udall and Stewart L. Udall Foundation for a term 
expiring April 16, 2017.
  Charles R. Breyer, of California, to be a Member of the United States 
Sentencing Commission for a term expiring October 31, 2015.
  William H. Orrick, III, of the District of Columbia, to be United 
States District Judge for the Northern District of California.
  Katherine Polk Failla, of New York, to be United States District 
Judge for the Southern District of New York.
  Troy L. Nunley, of California, to be United States District Judge for 
the Eastern District of California.
  Sheri Polster Chappell, of Florida, to be United States District 
Judge for the Middle District of Florida.
  Mark A. Barnett, of Virginia, to be a Judge of the United States 
Court of International Trade.
  Pamela Ki Mai Chen, of New York, to be United States District Judge 
for the Eastern District of New York.
  Katherine C. Tobin, of New York, to be a Governor of the United 
States Postal Service for a term expiring December 8, 2016.
  Charles Benton, of Illinois, to be a Member of the National Museum 
and Library Services Board for a term expiring December 6, 2013.
  Christie Pearson Brandau, of Iowa, to be a Member of the National 
Museum and Library Services Board for a term expiring December 6, 2016.
  Norberto Jesus Castro, of Arizona, to be a Member of the National 
Museum and Library Services Board for a term expiring December 6, 2016.
  Fernando Torres-Gil, of California, to be a Member of the National 
Council on Disability for a term expiring September 17, 2014.
  Eric J. Jolly, of Minnesota, to be a Member of the National Museum 
and Library Services Board for a term expiring December 6, 2016.
  Susana Torruella Leval, of New York, to be a Member of the National 
Museum and Library Services Board for a term expiring December 6, 2015.
  Jenny R. Yang, of the District of Columbia, to be a Member of the 
Equal Employment Opportunity Commission for a term expiring July 1, 
2017.
  Robert F. Cohen, Jr., of West Virginia, to be a Member of the Federal 
Mine Safety and Health Review Commission for a term of six years 
expiring August 30, 2018.

[[Page D4]]


  Nicholas Christopher Geale, of Virginia, to be a Member of the 
National Mediation Board for a term expiring July 1, 2013.
  Linda A. Puchala, of Maryland, to be a Member of the National 
Mediation Board for a term expiring July 1, 2015.
  Marilyn B. Tavenner, of Virginia, to be Administrator of the Centers 
for Medicare and Medicaid Services.
  Marietta S. Robinson, of Michigan, to be a Commissioner of the 
Consumer Product Safety Commission for a term of seven years from 
October 27, 2010.
  James J. Jones, of the District of Columbia, to be Assistant 
Administrator for Toxic Substances of the Environmental Protection 
Agency.
  Richard A. Lidinsky, Jr., of Maryland, to be a Federal Maritime 
Commissioner for the term expiring June 30, 2017.
  William B. Shultz, of the District of Columbia, to be General Counsel 
of the Department of Health and Human Services.
  Christopher J. Meade, of New York, to be General Counsel for the 
Department of the Treasury.
  F. Scott Kieff, of Illinois, to be a Member of the United States 
International Trade Commission for the term expiring June 16, 2020.
  Rose Eilene Gottemoeller, of Virginia, to be Under Secretary of State 
for Arms Control and International Security.
  Joan M. Prince, of Wisconsin, to be an Alternate Representative of 
the United States of America to the Sixty-seventh Session of the 
General Assembly of the United Nations.
  Ted R. Dintersmith, of Virginia, to be an Alternate Representative of 
the United States of America to the Sixty-seventh Session of the 
General Assembly of the United Nations.
  Jeffrey Shell, of California, to be a Member of the Broadcasting 
Board of Governors for a term expiring August 13, 2015.
  Jeffrey Shell, of California, to be Chairman of the Broadcasting 
Board of Governors.
  Bibiana Boerio, of Pennsylvania, to be Director of the Mint for a 
term of five years.
  Cheryl Saban, of California, to be Representative of the United 
States of America to the Sixty-seventh Session of the General Assembly 
of the United Nations.
  Frederick Vollrath, of Virginia, to be an Assistant Secretary of 
Defense.
  Marilyn A. Brown, of Georgia, to be a Member of the Board of 
Directors of the Tennessee Valley Authority for a term expiring May 18, 
2017.
  Alan F. Estevez, of the District of Columbia, to be a Principal 
Deputy Under Secretary of Defense.
  Richard J. Engler, of New Jersey, to be a Member of the Chemical 
Safety and Hazard Investigation Board for a term of five years.
  Andrew L. Traver, of Illinois, to be Director, Bureau of Alcohol, 
Tobacco, Firearms, and Explosives.
  Rosemary Marquez, of Arizona, to be United States District Judge for 
the District of Arizona.
  Michael A. Botticelli, of Massachusetts, to be Deputy Director of 
National Drug Control Policy.
  Jill A. Pryor, of Georgia, to be United States Circuit Judge for the 
Eleventh Circuit.
  Rainey Ransom Brandt, 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.
  James C. Miller, III, of Virginia, to be a Governor of the United 
States Postal Service for the term expiring December 8, 2017.
  Stephen Crawford, of Maryland, to be a Governor of the United States 
Postal Service for the remainder of the term expiring December 8, 2015.
  Bidtah N. Becker, 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, 2018.
  Robert D. Okun, 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.
  Vincent G. Logan, of New York, to be Special Trustee, Office of 
Special Trustee for American Indians, Department of the Interior.
  Ernest W. Dubester, of Virginia, to be a Member of the Federal Labor 
Relations Authority for a term of five years expiring July 29, 2017.
  Carol Waller Pope, of the District of Columbia, to be a Member of the 
Federal Labor Relations Authority for a term of five years expiring 
July 1, 2014.
  Elissa F. Cadish, of Nevada, to be United States District Judge for 
the District of Nevada.
  Shelly Deckert Dick, of Louisiana, to be United States District Judge 
for the Middle District of Louisiana.
  Gary Blankinship, of Texas, to be United States Marshal for the 
Southern District of Texas for the term of four years.
  Srikanth Srinivasan, of Virginia, to be United States Circuit Judge 
for the District of Columbia Circuit.
  Caitlin Joan Halligan, of New York, to be United States Circuit Judge 
for the District of Columbia Circuit.
  Jennifer A. Dorsey, of Nevada, to be United States District Judge for 
the District of Nevada.

[[Page D5]]


  Andrew Patrick Gordon, of Nevada, to be United States District Judge 
for the District of Nevada.
  Michael J. McShane, of Oregon, to be United States District Judge for 
the District of Oregon.
  Derek Anthony West, of California, to be Associate Attorney General.
  Ketanji Brown Jackson, of Maryland, to be United States District 
Judge for the District of Columbia.
  Nelson Stephen Roman, of New York, to be United States District Judge 
for the Southern District of New York.
  Valerie E. Caproni, of the District of Columbia, to be United States 
District Judge for the Southern District of New York.
  Kenneth John Gonzales, of New Mexico, to be United States District 
Judge for the District of New Mexico.
  Raymond P. Moore, of Colorado, to be United States District Judge for 
the District of Colorado.
  Myrna Perez, of Texas, to be a Member of the Election Assistance 
Commission for the remainder of the term expiring December 12, 2011.
  Myrna Perez, of Texas, to be a Member of the Election Assistance 
Commission for a term expiring December 12, 2015.
  Thomas Hicks, of Virginia, to be a Member of the Election Assistance 
Commission for a term expiring December 12, 2013.
  Constance B. Tobias, of Maryland, to be Chairman of the Board of 
Veterans' Appeals for a term of six years.
  Beverly Reid O'Connell, of California, to be United States District 
Judge for the Central District of California.
  William L. Thomas, of Florida, to be United States District Judge for 
the Southern District of Florida.
  Analisa Torres, of New York, to be United States District Judge for 
the Southern District of New York.
  Derrick Kahala Watson, of Hawaii, to be United States District Judge 
for the District of Hawaii.
  Claire R. Kelly, of New York, to be a Judge of the United States 
Court of International Trade.
  Nitza I. Quinones Alejandro, of Pennsylvania, to be United States 
District Judge for the Eastern District of Pennsylvania.
  Luis Felipe Restrepo, of Pennsylvania, to be United States District 
Judge for the Eastern District of Pennsylvania.
  Jeffrey L. Schmehl, of Pennsylvania, to be United States District 
Judge for the Eastern District of Pennsylvania.
  Alfredo J. Balsera, of Florida, to be a Member of the United States 
Advisory Commission on Public Diplomacy for a term expiring July 1, 
2014.
  Marie F. Smith, of Hawaii, to be a Member of the Social Security 
Advisory Board for a term expiring September 30, 2016.
  Robert James Grey, Jr., of Virginia, to be a Member of the Board of 
Directors of the Legal Services Corporation for a term expiring July 
13, 2014.
  John Gerson Levi, of Illinois, to be a Member of the Board of 
Directors of the Legal Services Corporation for a term expiring July 
13, 2014.
  Laurie I. Mikva, of Illinois, to be a Member of the Board of 
Directors of the Legal Services Corporation for a term expiring July 
13, 2013.
  Martha L. Minow, of Massachusetts, to be a Member of the Board of 
Directors of the Legal Services Corporation for a term expiring July 
13, 2014.
  Gloria Valencia-Weber, of New Mexico, to be a Member of the Board of 
Directors of the Legal Services Corporation for a term expiring July 
13, 2014.
  Vicki Miles-LaGrange, of Oklahoma, to be a Member of the Board of 
Trustees of the Harry S Truman Scholarship Foundation for a term 
expiring December 10, 2015.
  Mark D. Gearan, of New York, to be a Member of the Board of Directors 
of the Corporation for National and Community Service for a term 
expiring December 1, 2015.
  Dorothy Kosinski, of the District of Columbia, to be a Member of the 
National Council on the Humanities for a term expiring January 26, 
2016.
  Ranee Ramaswamy, of Minnesota, to be a Member of the National Council 
on the Arts for a term expiring September 3, 2018.
  John Unsworth, of Massachusetts, to be a Member of the National 
Council on the Humanities for a term expiring January 26, 2016.
  Martin O'Malley, of Maryland, to be a Member of the Board of Trustees 
of the James Madison Memorial Fellowship Foundation for a term expiring 
November 5, 2018.
  Martin O'Malley, of Maryland, to be a Member of the Board of Trustees 
of the James Madison Memorial Fellowship Foundation for the remainder 
of the term expiring November 5, 2012.
  Walter G. Secada, of Florida, to be a Member of the Board of Trustees 
of the Barry Goldwater Scholarship and Excellence in Education 
Foundation for a term expiring March 3, 2016.
  Anne J. Udall, of Oregon, to be a Member of the Board of Trustees of 
the Morris K. Udall and Stewart L. Udall Foundation for a term expiring 
October 6, 2016.
  Sylvia M. Becker, of the District of Columbia, to be a Member of the 
Foreign Claims Settlement Commission of the United States for the term 
expiring September 30, 2013.

[[Page D6]]


  Olga Viso, of Minnesota, to be a Member of the National Council on 
the Arts for a term expiring September 3, 2018.
  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, 2015.
  Timothy Hyungrock Haahs, of Pennsylvania, to be a Member of the Board 
of Directors of the National Institute of Building Sciences for a term 
expiring September 7, 2014.
  Michael Wayne Hail, of Kentucky, to be a Member of the Board of 
Trustees of the Harry S Truman Scholarship Foundation for a term 
expiring December 10, 2017.
  10 Air Force nominations in the rank of general.
  8 Army nominations in the rank of general.
  1 Coast Guard nomination in the rank of admiral.
  2 Navy nominations in the rank of admiral.
  Routine lists in the Army and Foreign Service.           
Pages S16-18
     Messages from the House:                              30Measures 
     Held Over/Under Rule:
     d Bills Presented:
     ve Communications:
     nts on Introduced Bills/Resolutions:                  30Quorum 
     Calls: One quorum call was taken today. (Total--1)
     : Senate convened at 12:01 p.m. and recessed at 4:09 p.m., 
     untecessil 12:30 p.m. on Friday, January 4, 2013. (For 
     Senate's program, see the remarks of the Majority Leader in 
     today's Record on page S16.)