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CLOTURE MOTION FILED - LIU NOMINATION Pending debate, Mr. Reid presented a motion to invoke cloture on the nomination of Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit, 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 Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit:

Harry Reid, Patrick J. Leahy, Charles E. Schumer, Richard Blumenthal, Daniel K. Akaka, Al Franken, Richard J. Durbin, Sheldon Whitehouse, Dianne Feinstein, Jeff Merkley, Christopher A. Coons, Mark Begich, Amy Klobuchar, Barbara Boxer, Jack Reed, Debbie Stabenow, and Sherrod Brown.

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 the nomination.

On request by Mr. Reid and by unanimous consent, it was
Ordered, That the Senate resume legislative session.

WEDNESDAY, MAY 18, 2011

EXECUTIVE SESSION

CONSIDERATION - LIU NOMINATION On request by Mr. Reid and by unanimous consent, it was

Ordered, That the Senate proceed to executive session to resume consideration of the nomination of Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit.

UNANIMOUS CONSENT AGREEMENT – LIU NOMINATION On request by Mr. Reid and by unanimous consent, it was

Ordered, That upon the conclusion of morning business on Thursday, May 19, 2011, the Senate proceed to executive session to resume consideration of the nomination of Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit; that the time until 2 p.m. be equally divided in the usual form, prior to the cloture vote on the nomination, as under the previous order.

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 18, 2011. To the Senate of the United States: I nominate

Morgan Christen, of Alaska, to be United States Circuit Judge for the Ninth Circuit, vice Andrew J. Kleinfeld, retired.

BARACK OBAMA To the Committee on the Judiciary.

THE WHITE HOUSE, May 18, 2011. To the Senate of the United States:

I nominate

The following named individual for appointment as a permanent commissioned Regular officer in the United States Coast Guard in the grade indicated under Title 14, U.S.C., Section 211:

To be lieutenant

Kristin L. Conville

BARACK OBAMA To the Committee on Commerce, Science, and Transportation.

THE WHITE HOUSE, May 18, 2011. To the Senate of the United States: I nominate

The following named individual for appointment as a permanent commissioned Regular officer in the United States Coast Guard in the grade indicated under Title 14, U.S.C., Section 211:

To be lieutenant Edward L. Lacy

BARACK OBAMA To the Committee on Commerce, Science, and Transportation.

THE WHITE HOUSE, May 18, 2011. To the Senate of the United States: I nominate

The following named individual for appointment as a permanent commissioned Regular officer in the United States Coast Guard in the grade indicated under Title 14, U.S.C., Section 211:

To be lieutenant commander

Jason M. Biggar

BARACK OBAMA To the Committee on Commerce, Science, and Transportation.

THE WHITE HOUSE, May 18, 2011. To the Senate of the United States:

I nominate

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 vice admiral

Rear Adm. David H. Buss

BARACK OBAMA

To the Committee on Armed Services.

THE WHITE HOUSE, May 18, 2011. To the Senate of the United States: I nominate

The following named individual for appointment to the grade indicated in the Regular Navy under title 10, U.S.C., section 531:

To be lieutenant commander

Kendall C. Jones, Jr.

BARACK OBAMA

To the Committee on Armed Services.

THE WHITE HOUSE, May 18, 2011. To the Senate of the United States:

I nominate

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

To be lieutenant commander Kirk R. Parsley

BARACK OBAMA To the Committee on Armed Services.

THE WHITE HOUSE, May 18, 2011. To the Senate of the United States: I nominate

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

To be lieutenant commander

Christian F. Jensen

BARACK OBAMA

To the Committee on Armed Services.

THE WHITE HOUSE, May 18, 2011. To the Senate of the United States:

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

To be lieutenant commander

Joseph M. Holt

BARACK OBAMA To the Committee on Armed Services.

REPORTS OF COMMITTEE In executive session, The following favorable reports of nominations were submitted: By Mr. Harkin for the Committee on Health, Education, Labor, and Pensions.

Cora B. Marrett, of Wisconsin, to be Deputy Director of the National Science Foundation.

Martha Wagner Weinberg, of Massachusetts, to be a Member of the National Council on the Humanities for a term expiring January 26, 2016

Paula Barker Duffy, of Illinois, to be a Member of the National Council on the Humanities for a term expiring January 26, 2016.

Cathy N. Davidson, of North Carolina, to be a Member of the National Council on the Humanities for a term expiring January 26, 2016

Constance M. Carroll, of California, to be a Member of the National Council on the Humanities for a term expiring January 26, 2016.

Albert J. Beveridge III, of the District of Columbia, to be a Member of the National Council on the Humanities for a term expiring January 26, 2016.

Clyde E. Terry, of New Hampshire, to be a Member of the National Council on Disability for a term expiring September 17, 2013.

Janice Lehrer-Stein, of California, to be a Member of the National Council on Disability for a term expiring September 17, 2013.

Judith A. Ansley, of Massachusetts, to be a Member of the Board of Directors of the United States Institute of Peace for the remainder of the term expiring September 19, 2011.

Judith A. Ansley, of Massachusetts, to be a Member of the Board of Directors of the United States Institute of Peace for a term of four years.

John A. Lancaster, of New York, to be a Member of the Board of Directors of the United States Institute of Peace for the remainder of the term expiring September 19, 2011.

John A. Lancaster, of New York, to be a Member of the Board of Directors of the United States Institute of Peace for a term of four years.

Mr. Harkin, Committee on Health, Education, Labor, and Pensions, reported favorably the following nomination lists which had previously appeared in the Congressional Record on the dates indicated and, at the Senator's request and by unanimous consent, it was ordered that they lie at the Secretary's desk for the information of Senators.

Public Health Service nominations beginning with Manisha Patel and ending with Christopher M. Sheehan. (See Executive Journal proceedings of May 11, 2011, for complete list.)

Public Health Service nominations beginning with Alice Y. Guh and ending with Ukegbu J. Ugochi. (See Executive Journal proceedings of May 11, 2011, for complete list.)

THURSDAY, MAY 19, 2011

EXECUTIVE SESSION

CONSIDERATION - LIU NOMINATION

Pursuant to an order of the Senate of May 18, 2011,

The Senate proceeded to executive session to resume consideration of the nomination of Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit.

VOTE ON CLOTURE MOTION - LIU NOMINATION Pursuant to the rules of the Senate and 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 Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit, shall be brought to a close?

The assistant legislative clerk proceeded to call the roll (No. 74 Ex.) and

The vote resulted - yeas 52, nays 43 and present 1, - as follows:

Yeas: Akaka, Begich, Bennet, Bingaman, Blumenthal, Boxer, Brown (OH), Cantwell, Cardin, Carper, Casey, 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 (FL), Pryor, Reed, Reid, Rockefeller, Sanders, Schumer, Shaheen, Stabenow, Tester, Udall (CO), Udall (NM), Warner, Webb, Whitehouse, Wyden – 52.

Nays: Alexander, Ayotte, Barrasso, Blunt, Boozman, Brown (MA), Burr, Chambliss, Coats, Coburn, Cochran, Collins, Corker, Cornyn, Crapo, DeMint, Enzi, Graham, Grassley, Heller, Hoeven, Inhofe, Isakson, Johanns, Johnson (WI), Kirk, Kyl, Lee, Lugar, McCain, McConnell, Nelson (NE), Paul, ortman, Risch, Roberts, Rubio, Sessions, Shelby, Snowe, Thune, Toomey, Wicker – 43.

Present: Hatch -1. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion was not agreed to.

Under the previous order,
The Senate returned to legislative session.

MESSAGES REFERRED

As 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 19, 2011. To the Senate of the United States:

I nominate Andrew L. Carter, Jr., of New York, to be United States District Judge for the Southern District of New York, vice Victor Marrero, retired.

BARACK OBAMA

To the Committee on the Judiciary.

THE WHITE HOUSE, May 19, 2011. To the Senate of the United States:

I nominate James Rodney Gilstrap, of Texas, to be United States District Judge for the Eastern District of Texas, vice Thad Heartfield, retired.

BARACK OBAMA To the Committee on the Judiciary.

THE WHITE HOUSE, May 19, 2011. To the Senate of the United States:

I nominate

Gina Marie Groh, of West Virginia, to be United States District Judge for the Northern District of West Virginia, vice W. Craig Broadwater, deceased.

BARACK OBAMA

To the Committee on the Judiciary.

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