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JOURNAL OF THE EXECUTIVE PROCEEDINGS
OF THE SENATE OF THE UNITED STATES

One Hundred Twelfth Congress, second session,
commencing January 3, 2012

In executive session,

MONDAY, JANUARY 23, 2012

EXECUTIVE SESSION

MESSAGES REFERRED

The Presiding Officer laid before the Senate the following messages from the President of the United States, transmitting nominations, which were referred as indicated:

To the Senate of the United States:
I nominate -

THE WHITE HOUSE, January 23, 2012.

Robert E. Bacharach, of Oklahoma, to be United States Circuit Judge for the Tenth Circuit, vice Robert Harlan Henry, resigned.

To the Committee on the Judiciary.

To the Senate of the United States:
I nominate -

BARACK OBAMA

THE WHITE HOUSE, January 23, 2012.

William J. Kayatta, Jr., of Maine, to be United States Circuit Judge for the First Circuit, vice Kermit Lipez, retired.

To the Committee on the Judiciary.

To the Senate of the United States:
I nominate -

BARACK OBAMA

THE WHITE HOUSE, January 23, 2012.

Michael A. Shipp, of New Jersey, to be United States District Judge for the District of New Jersey, vice Mary Little Parell, retired.

To the Committee on the Judiciary.

To the Senate of the United States:
I nominate -

BARACK OBAMA

THE WHITE HOUSE, January 23, 2012.

The following named officer for appointment in the United States Air Force to the grade indicated while assigned to a position of importance and responsibility under title 10, U.S.C., section 601:

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The following named officer for appointment in the United States Air Force to the grade indicated while assigned to a position of importance and responsibility under title 10, U.S.C., section 601:

To be lieutenant general

Maj. Gen. Craig A. Franklin

BARACK OBAMA

To the Committee on Armed Services.

THE WHITE HOUSE, January 23, 2012.

To the Senate of the United States:
I nominate -

The following named officer for appointment in the United States Air Force to the grade indicated while assigned to a position of importance and responsibility under title 10, U.S.C., section 601:

To be lieutenant general

Lt. Gen. Stephen P. Mueller

BARACK OBAMA

To the Committee on Armed Services.

THE WHITE HOUSE, January 23, 2012.

To the Senate of the United States:
I nominate -

The following named officer for appointment in the United States Air Force to the grade indicated under title 10, U.S.C., section 624:

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The following Air National Guard of the United States officer for appointment in the Reserve of the Air Force to the grade indicated under title 10, U.S.C., sections 12203 and 12212:

To be brigadier general

Col. Robert T. Brooks, Jr.

To the Committee on Armed Services.

BARACK OBAMA

To the Senate of the United States:
I nominate -

THE WHITE HOUSE, January 23, 2012.

The following named officer for appointment in the United States Army to the grade indicated while assigned to a position of importance and responsibility under title 10, U.S.C., section 601:

To be lieutenant general

Maj. Gen. Daniel B. Allyn

BARACK OBAMA

To the Committee on Armed Services.

THE WHITE HOUSE, January 23, 2012.

To the Senate of the United States:

I nominate

The following named officers for appointment in the United States Army to the grade indicated under title 10, U.S.C., section 624:

To be major general

Brigadier General Robert P. Ashley, Jr.
Brigadier General Jeffrey L. Bailey
Brigadier General Jeffrey N. Colt
Brigadier General Kenneth R. Dahl

Brigadier General Gordon B. Davis, Jr.
Brigadier General Joseph P. DiSalvo
Brigadier General Robert M. Dyess, Jr.
Brigadier General Karen E. Dyson
Brigadier General Paul E. Funk II

Brigadier General Harold J. Greene

Brigadier General William C. Hix
Brigadier General Stephen R. Lyons

Brigadier General Herbert R. McMaster, Jr.

Brigadier General John M. Murray

Brigadier General Richard P. Mustion

Brigadier General Michael K. Nagata

Brigadier General Bryan R. Owens
Brigadier General James F. Pasquarette
Brigadier General Lawarren V. Patterson
Brigadier General Aundre F. Piggee
Brigadier General Ross E. Ridge

Brigadier General John G. Rossi

Brigadier General Thomas C. Seamands

Brigadier General Michael H. Shields
Brigadier General Leslie C. Smith
Brigadier General John Uberti
Brigadier General Bryan G. Watson
Brigadier General Darrell K. Williams

To the Committee on Armed Services.

BARACK OBAMA

THE WHITE HOUSE, January 23, 2012.

To the Senate of the United States:
I nominate -

The following named officer for appointment in the Reserve of the Army to the grade indicated under title 10, U.S.C., section 12203:

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The following named officers for appointment to the grade indicated in the United States Army under title 10, U.S.C., section 624:

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The following named officer for appointment in the Reserve of the Army to the grade indicated under title 10, U.S.C., section 12203:

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The following named officer for appointment in the United States Army to the grade indicated under title 10, U.S.C., sections 156 and 3064:

To be brigadier general, judge advocate general's corps

Col. Richard C. Gross

BARACK OBAMA

To the Committee on Armed Services.

THE WHITE HOUSE, January 23, 2012.

To the Senate of the United States:

I nominate

The following named officers for appointment in the United States Army to the grade indicated under title 10, U.S.C., sections 624 and 3064:

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The following named officer for appointment in the United States Navy to the grade indicated while assigned to a position of importance and responsibility under title 10, U.S.C., section 601:

To be admiral

Adm. Samuel J. Locklear III

BARACK OBAMA

To the Committee on Armed Services.

CONSIDERATION - GERRARD NOMINATION

Pursuant to an order of the Senate of December 17, 2011,

The Senate proceeded to executive session to consider the nomination of John M. Gerrard, of Nebraska, to be United States District Judge for the District of Nebraska.

Following debate, and

YEAS AND NAYS ORDERED

On request by Mr. Grassley and with a sufficient second, the yeas and nays were ordered on the nomination.

VOTE - GERRARD NOMINATION

The question being, Will the Senate advise and consent to the nomination of John M. Gerrard, of Nebraska, to be United States District Judge for the District of Nebraska?

The assistant legislative clerk proceeded to call the roll (No. 1 Ex.) and
The vote resulted - yeas 74, nays 16 - as follows:

Yeas: Akaka, Alexander, Ayotte, Barrasso, Baucus, Begich, Bennet, Bingaman, Blumenthal, Blunt, Boxer, Brown (MA), Brown (OH), Burr, Cantwell, Cardin, Carper, Casey, Coats, Cochran, Collins, Conrad, Coons, Corker, Crapo, Durbin, Enzi, Feinstein, Franken, Gillibrand, Grassley, Harkin, Heller, Hutchison, Inouye, Johanns, Johnson (SD), Kerry, Klobuchar, Kohl, Kyl, Landrieu, Leahy, Levin, Lugar, Manchin, McCain, McCaskill, McConnell, Menendez, Merkley, Moran, Murkowski, Murray, Nelson (NE), Nelson (FL), Portman, Pryor, Reed, Reid, Roberts, Rockefeller, Schumer, Shaheen, Snowe, Stabenow, Tester, Thune, Udall (CO), Udall (NM), Warner, Webb, Whitehouse, Wyden - 74.

Nays: Boozman, Coburn, Cornyn, DeMint, Inhofe, Isakson, Johnson (WI), Lee, Paul, Risch, Rubio, Sessions, Shelby, Toomey, Vitter, Wicker – 16. So it was,

Resolved, That the Senate advise and consent to the said nomination.

Pursuant to an order of the Senate of December 17, 2011,

The motion to reconsider the vote was considered made and laid upon the table; the President was immediately notified of the action of the Senate and the Senate returned to legislative session.

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