WITHDRAWAL

The Presiding Officer laid before the Senate the following message from the President of the United States, transmitting a withdrawal of a nomination, which was laid on the table:

THE WHITE HOUSE, May 9, 2011. To the Senate of the United States:

I withdraw the nomination of Paul M. Tiao, of Maryland, to be Inspector General, Department of Labor, vice Gordon S. Heddell, resigned, which was sent to the Senate on January 26, 2011.

BARACK OBAMA

REPORTS OF COMMITTEE
As in executive session,
The following favorable reports of nominations were submitted:
By Mr. Leahy for the Committee on the Judiciary.

Bernice Bouie Donald, of Tennessee, to be United States Circuit Judge for the Sixth Circuit.

Virginia A. Seitz, of the District of Columbia, to be an Assistant Attorney General.

Denise Ellen O'Donnell, of New York, to be Director of the Bureau of Justice Assistance.

Lisa O. Monaco, of the District of Columbia, to be an Assistant Attorney General. Referred to the Select Committee on Intelligence pursuant to Section 17(b)(I) of S. Res. 400 of the 94th Congress (as amended by Section 506(d) of the USA Patriot Improvement and Reauthorization Act of 2005, Pub. L. 109-177 (Mar. 9, 2006.).

EXECUTIVE SESSION

VOTE ON CLOTURE MOTION - COLE NOMINATION

a

Pursuant to the order of the Senate of May 5, 2011, following debate and the yielding back of remaining time, the assistant legislative clerk read the motion to invoke cloture, the mandatory quorum call having been waived by unanimous consent, 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 James Michael Cole, of the District of Columbia, to be Deputy Attorney General, to which position he was appointed during the last recess of the Senate, Department of Justice, shall be brought to a close?

The assistant legislative clerk proceeded to call the roll (No. 67 Ex.) and
The vote resulted - yeas 50, nays 40 - as follows:

Yeas: Akaka, Baucus, Begich, Bennet, Bingaman, Blumenthal, Brown (OH), Cantwell, Cardin, Carper, Casey, Conrad, Coons, Durbin, Feinstein, Franken, Gillibrand, Hagan, Harkin, Inouye, Johnson (SD), Kerry, Klobuchar, Kohl, Lautenberg, Leahy, Levin, Lieberman, Lugar, Manchin, McCaskill, Menendez, Merkley, Mikulski, Murray, Nelson (NE), Nelson (FL), Pryor, Reed, Rockefeller, Schumer, Shaheen, Stabenow, Tester, Udall (CO), Udall (NM), Warner, Webb, Whitehouse, Wyden – 50.

Nays: Alexander, Ayotte, Blunt, Boozman, Brown (MA), Burr, Chambliss, Coats, Coburn, Cochran, Collins, Corker, Cornyn, Crapo, DeMint, Enzi, Grassley, Heller, Hoeven, Hutchison, Inhofe, Isakson, Johanns, Johnson (WI), Kirk, Kyl, Lee, McConnell, Murkowski, Paul, Portman, Reid, Risch, Roberts, Rubio, Sessions, Shelby, Snowe, Thune, Wicker – 40.

Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion was not agreed to.

MOTION FOR RECONSIDERATION – COLE NOMINATION On motion by Mr. Reid to reconsider the vote by which cloture was rejected (Record Vote No. 67), the motion was entered.

TUESDAY, MAY 10, 2011

UNANIMOUS CONSENT AGREEMENT - CHEN NOMINATION

As in executive session,
On request by Mr. Reid and by unanimous consent, it was

Ordered, That at 2:15 p.m. today, the Senate proceed to consideration of the nomination of Edward Milton Chen, of California, to be United States District Judge for the Northern District of California, under a previous order of the Senate.

EXECUTIVE SESSION

CONSIDERATION - CHEN NOMINATION Pursuant to a previous order,

The Senate proceeded to executive session to consider the nomination of Edward Milton Chen, of California, to be United States District Judge for the Northern District of California.

YEAS AND NAYS ORDERED

Following debate, and

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

VOTE - CHEN NOMINATION

The question being, Will the Senate advise and consent to the nomination of Edward Milton Chen, of California, to be United States District Judge for the Northern District of California?

The assistant legislative clerk proceeded to call the roll (No. 68 Ex.) and
The vote resulted - yeas 56, nays 42 - as follows:

Yeas: Akaka, Baucus, Begich, Bennet, Bingaman, Blumenthal, Boxer, Brown (MA), Brown (OH), Cantwell, Cardin, Carper, Casey, Collins, Conrad, Coons, Durbin, Feinstein, Franken, Gillibrand, Hagan, Harkin, Inouye, Johnson (SD), Kerry, Klobuchar, Kohl, Landrieu, Lautenberg, Leahy, Levin, Lieberman, Manchin, McCaskill, Menendez, Merkley, Mikulski, Murkowski, Murray, Nelson (NE), Nelson (FL), Pryor, Reed, Reid, Sanders, Schumer, Shaheen, Snowe, Stabenow, Tester, Udall (CO), Udall (NM), Warner, Webb, Whitehouse, Wyden - 56.

Nays: Alexander, Ayotte, Barrasso, Blunt, Boozman, Burr, Chambliss, Coats, Coburn, Cochran, Corker, Cornyn, Crapo, DeMint, Enzi, Graham, Grassley, Hatch, Heller, Hoeven, Hutchison, Inhofe, Isakson, Johanns, Johnson (WI), Kirk, Kyl, Lee, Lugar, McCain, McConnell, Moran, Paul, Portman, Risch, Roberts, Rubio, Sessions, Shelby, Thune, Toomey, Wicker – 42.

So it was,
Resolved, That the Senate advise and consent to the said nomination.
Pursuant to a previous order,

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.

UNANIMOUS CONSENT AGREEMENT - ALLEN NOMINATION

On request by Mr. Reid and by unanimous consent, it was

Ordered, That at 2 p.m. on Wednesday, May 11, 2011, the Senate proceed to executive session to consider the nomination of Arenda L. Wright Allen, of Virginia, to be United States District Judge for the Eastern District of Virginia; that there be one hour for debate equally divided in the usual form; that upon the use or yielding back of time, the Senate proceed to vote without intervening action or debate on the nomination; that the motion to reconsider be considered made and laid upon the table with no intervening action or debate; that no further motions be in order; that the President be immediately notified of the Senate's action and the Senate then resume legislative session.

WEDNESDAY, MAY 11, 2011

EXECUTIVE SESSION

CONSIDERATION - ALLEN NOMINATION

Pursuant to an order of the Senate of May 10, 2011,

The Senate proceeded to executive session to consider the nomination of Arenda L. Wright Allen, of Virginia, to be United States District Judge for the Eastern District of Virginia.

YEAS AND NAYS ORDERED

Following debate, and

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

VOTE - ALLEN NOMINATION

The question being, Will the Senate advise and consent to the nomination of Arenda L. Wright Allen, of Virginia, to be United States District Judge for the Eastern District of Virginia?

The assistant bill clerk proceeded to call the roll (No. 69 Ex.) and
The vote resulted - yeas 96, nays () - as follows:

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, Collins,
Conrad, Coons, Corker, Cornyn, Crapo, DeMint, Durbin, Enzi, Feinstein,
Franken, Gillibrand, Graham, Grassley, Hagan, Harkin, Hatch, Heller, Hoeven,
Hutchison, Inhofe, Inouye, Isakson, Johanns, Johnson (SD), Johnson (WI),
Kerry, Kirk, Klobuchar, Kohl, Kyl, Landrieu, Lautenberg, Leahy, Lee, Levin,
Lieberman, Lugar, Manchin, McCain, McCaskill, McConnell, Menendez,
Merkley, Mikulski, Moran, Murray, Nelson (NE), Nelson (FL), Paul, Portman,
Pryor, Reed, Reid, Risch, Roberts, Rubio, Sanders, Schumer, Sessions, Shaheen,
Shelby, Snowe, Stabenow, Tester, Thune, Toomey, Udall (CO), Udall (NM),
Warner, Webb, Whitehouse, Wicker, Wyden – 96.
Nays: -0.
So it was,
Resolved, That the Senate advise and consent to the said nomination.
Pursuant to a previous order,
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.