THE FOLLOWING NAMED OFFICERS FOR TEMPORARY APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 5721: THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Pursuant to an order of the Senate of April 14, 2011, The Senate proceeded to executive session to consider the following nominations on the Executive Calendar: THE JUDICIARY Roy Bale Dalton, Jr., of Florida, to be United States District Judge for the Middle District of Florida. Kevin Hunter Sharp, of Tennessee, to be United States District Judge for the Middle District of Tennessee. CONFIRMATION - DALTON NOMINATION Pursuant to an order of the Senate of April 14, 2011, The Senate proceeded to the consideration of the nomination of Roy Bale Dalton, Jr., of Florida, to be United States District Judge for the Middle District of Florida; the nomination was considered and confirmed; the motion to reconsider was considered made and laid on the table; and the President was immediately notified of the Senate's action. CONSIDERED - SHARP NOMINATION Pursuant to a previous order of the Senate, The Senate proceeded to the consideration of the nomination of Kevin Hunter Sharp, of Tennessee, to be United States District Judge for the Middle District of Tennessee. Following debate, and YEAS AND NAYS ORDERED On request by Mrs. Boxer and with a sufficient second, the yeas and nays were ordered on the nomination. VOTE SHARP NOMINATION The question being, Will the Senate advise and consent to the nomination of Kevin Hunter Sharp, of Tennessee, to be United States District Judge for the Middle District of Tennessee? The assistant legislative clerk proceeded to call the roll (No. 62 Ex.) and Yeas: Akaka, Alexander, Ayotte, Barrasso, Baucus, Begich, Bennet, Bingaman, Blumenthal, Blunt, Boozman, Boxer, Brown (MA), Brown (OH), Burr, Cantwell, Cardin, Carper, Casey, Chambliss, Coats, Coburn, Cochran, Collins, Conrad, Coons, Corker, Cornyn, Crapo, DeMint, Durbin, Enzi, Feinstein, Franken, Gillibrand, Graham, Grassley, Hagan, Harkin, Hoeven, Hutchison, Inhofe, Inouye, Johanns, Johnson (SD), Johnson (WI), Kerry, Klobuchar, Kohl, Kyl, Landrieu, Lautenberg, Leahy, Lee, Levin, Lieberman, Lugar, Manchin, McCain, McCaskill, McConnell, Merkley, Mikulski, Murkowski, Murray, Nelson (NE), Paul, Portman, Pryor, Reed, Reid, Risch, Roberts, Rockefeller, Schumer, Sessions, Shaheen, Shelby, Snowe, Stabenow, Tester, Thune, Toomey, Udall (NM), Warner, Webb, Whitehouse, Wicker, Wyden - 89. Nays: - 0 So it was, Resolved, That the Senate advise and consent to the said nomination. Pursuant to an order of the Senate of April 14, 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. MESSAGES RECEIVED - TREATIES As in executive session, Messages from the President of the United States were laid before the Senate, transmitting two treaties (Protocols 1, 2, and 3 to the South Pacific Nuclear Free Zone Treaty, and Protocols I and II to the African Nuclear-Weapon-Free Zone Treaty). As in executive session, TREATIES REFERRED On request by Mr. Reid and by unanimous consent, it was Ordered, That the injunction of secrecy be removed from the Protocols 1, 2, and 3 to the South Pacific Nuclear Free Zone Treaty (Treaty Doc. 112-2), and Protocols I and II to the African Nuclear-Weapon-Free Zone Treaty (Treaty Doc. 112-3) transmitted to the Senate today by the President of the United States, and the letters of transmittal were read as follows: To the Senate of the United States: THE WHITE HOUSE, May 2, 2011. With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith Protocols 1, 2, and 3 to the South Pacific Nuclear Free Zone Treaty ("the Treaty"), signed on behalf of the United States at Suva on March 25, 1996. I also transmit for the information of the Senate the Treaty to which these Protocols relate and the Department of State's Overview of the Protocols, which includes a detailed article-by-article analysis of both the Protocols and the Treaty. Ratification of Protocols 1, 2, and 3 to the Treaty would fully support U.S. nonproliferation policy and goals, and I am convinced that it is in the best interest of the United States to ratify these Protocols. This step will strengthen our relations with our South Pacific friends and allies and enhance U.S. security by furthering our global nonproliferation and arms control objectives. As the Overview of the Department of State explains, entry into force of Protocols 1, 2, and 3 for the United States would require no changes in U.S. law, policy, or practice. I recommend that the Senate give favorable consideration to Protocols 1, 2, and 3 to the South Pacific Nuclear Free Zone Treaty and give its advice and consent to their ratification, subject to the statements described in the Overview of the Department of State. To the Senate of the United States: BARACK OBAMA THE WHITE HOUSE, May 2, 2011. With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith Protocols I and II to the African Nuclear-Weapon-Free Zone Treaty ("the Treaty"), signed on behalf of the United States at Cairo, Egypt, on April 11, 1996. I also transmit for the information of the Senate the Treaty to which these Protocols relate, a third Protocol to the Treaty, and the Department of State's Overview of the Protocols, which includes a detailed article-by-article analysis of both the Protocols and the Treaty. I am convinced that it is in the best interest of the United States to ratify Protocols I and II to the Treaty. This step will strengthen our relations with our African friends and allies, enhance U.S. security by furthering our global nonproliferation and arms control objectives, demonstrate our commitment to the decisions taken at the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, and contribute significantly to the realization of the African Nuclear-Weapon-Free Zone in all its aspects. As the Department of State's Overview of the Protocols explains, entry into force of Protocols I and II for the United States would require no changes in U.S. law, policy, or practice. I recommend that the Senate give early and favorable consideration to Protocols I and II to the African Nuclear-Weapon-Free Zone Treaty, and give its advice and consent to their ratification, subject to the statements contained in the Department of State's Overview of the Protocols. BARACK OBAMA On further request by Mr. Reid and by unanimous consent, it was Ordered, That the treaties be considered as having been read the first time; that they be referred with accompanying papers to the Committee on Foreign Relations and ordered to be printed; and that the President's message be printed in the Record. EXECUTIVE SESSION CONSIDERATION - MCCONNELL NOMINATION On request by Mr. Reid and by unanimous consent, it was Ordered, That the Senate proceed to executive session to consider the nomination of John J. McConnell, Jr., of Rhode Island, to be United States District Judge for the District of Rhode Island. CLOTURE MOTION FILED - MCCONNELL NOMINATION Mr. Reid presented a motion to invoke cloture on the nomination of John J. McConnell, Jr., of Rhode Island, to be United States District Judge for the District of Rhode Island, which was stated as follows: We, the undersigned Senators, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, do hereby move to bring to a close debate on the nomination of John J. McConnell, Jr., of Rhode Island, to be United States District Judge for the District of Rhode Island: Harry Reid, Patrick J. Leahy, John F. Kerry, Dianne Feinstein, Frank R. Lautenberg, Jack Reed, Sheldon Whitehouse, Robert Menendez, Amy Klobuchar, Barbara Boxer, Daniel K. Inouye, Mark Begich, Mark R. Warner, Kent Conrad, John D. Rockefeller IV, Richard J. Durbin, and Ron Wyden. On further request by Mr. Reid and by unanimous consent, it was Ordered, That the mandatory quorum under Rule XXII be waived with respect to the cloture motion. On request by Mr. Reid and by unanimous consent, it was WEDNESDAY, MAY 4, 2011 VOTE ON CLOTURE MOTION - MCCONNELL NOMINATION Pursuant to the rules of the Senate and a previous order, the assistant legislative clerk read the motion to invoke cloture, the mandatory quorum call having been waived, the Presiding Officer, in further pursuance of the provisions of Rule XXII, stated the question to be: Is it the sense of the Senate that debate on the pending nomination of John J. McConnell, Jr., of Rhode Island, to be United States District Judge for the District of Rhode Island, shall be brought to a close? The assistant legislative clerk proceeded to call the roll (No. 65 Ex.) and Yeas: Alexander, Baucus, Begich, Bennet, Bingaman, Blumenthal, Boxer, Brown (MA), Brown (OH), Cantwell, Cardin, Carper, Casey, Chambliss, Collins, Conrad, Coons, Durbin, Feinstein, Franken, Gillibrand, Graham, Hagan, Harkin, Inouye, Isakson, Johnson (SD), Kerry, Kirk, Klobuchar, Kohl, Landrieu, Lautenberg, Leahy, Levin, Lieberman, Manchin, McCain, McCaskill, Menendez, Merkley, Mikulski, Murkowski, Murray, Nelson (NE), Nelson (FL), Pryor, Reed, Reid, Rockefeller, Sanders, Schumer, Shaheen, Snowe, Stabenow, Tester, Thune, Udall (CO), Udall (NM), Warner, Webb, Whitehouse, Wyden 63. Nays: Ayotte, Barrasso, Blunt, Boozman, Burr, Coats, Cochran, Corker, Cornyn, Crapo, DeMint, Enzi, Grassley, Hoeven, Hutchison, Inhofe, Johanns, Johnson (WI), Kyl, Lee, Lugar, McConnell, Moran, Paul, Portman, Risch, Roberts, Rubio, Sessions, Shelby, Toomey, Vitter, Wicker - 33. Present: Hatch - 1. Three-fifths of the Senators duly chosen and sworn having voted in the affirmative, the motion was agreed to. EXECUTIVE SESSION CONSIDERATION - MCCONNELL NOMINATION Following the vote on the motion to invoke cloture, The Senate proceeded to executive session to resume consideration of the nomination of John J. McConnell, Jr., of Rhode Island, to be United States District Judge for the District of Rhode Island. MESSAGES REFERRED In executive session, The Presiding Officer laid before the Senate the following messages from the President of the United States, transmitting nominations, which were referred as indicated: THE WHITE HOUSE, May 4, 2011. To the Senate of the United States: I nominate Anthony Frank D'Agostino, of Maryland, to be a Director of the Securities Investor Protection Corporation for a term expiring December 31, 2011, vice Mark S. Shelton, term expired. To the Committee on Banking, Housing, and Urban Affairs. To the Senate of the United States: BARACK OBAMA THE WHITE HOUSE, May 4, 2011. Anthony Frank D'Agostino, of Maryland, to be a Director of the Securities Investor Protection Corporation for a term expiring December 31, 2014. (Reappointment) To the Committee on Banking, Housing, and Urban Affairs. To the Senate of the United States: I nominate BARACK OBAMA THE WHITE HOUSE, May 4, 2011. Janice Eberly, of Illinois, to be an Assistant Secretary of the Treasury, vice Alan B. Krueger, resigned. To the Committee on Finance. BARACK OBAMA |