[Congressional Record Volume 155, Number 170 (Tuesday, November 17, 2009)]
[Senate]
[Pages S11411-S11422]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the motion to invoke cloture.
  The bill clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the nomination of 
     David F. Hamilton, of Indiana, to be a United States Circuit 
     Judge for the 7th Circuit.
         Harry Reid, Herb Kohl, Sheldon Whitehouse, Richard J. 
           Durbin, Benjamin L. Cardin, Patty Murray, Mark Begich, 
           Kirsten E. Gillibrand, Mark R. Warner, Russell D. 
           Feingold, Al Franken, Roland W. Burris, Dianne 
           Feinstein, Patrick J. Leahy, Barbara Boxer, Charles E. 
           Schumer, Edward E. Kaufman.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call is waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of David F. Hamilton, of Indiana, to be a U.S. circuit judge 
for the Seventh Circuit, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Texas (Mrs. Hutchison).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 70, nays 29, as follows:

[[Page S11422]]

                      [Rollcall Vote No. 349 Ex.]

                                YEAS--70

     Akaka
     Alexander
     Baucus
     Bayh
     Begich
     Bennet
     Bingaman
     Boxer
     Brown
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Collins
     Conrad
     Cornyn
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Franken
     Gillibrand
     Gregg
     Hagan
     Harkin
     Hatch
     Inouye
     Johnson
     Kaufman
     Kerry
     Kirk
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--29

     Barrasso
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Coburn
     Cochran
     Corker
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Inhofe
     Isakson
     Johanns
     Kyl
     LeMieux
     McCain
     McConnell
     Risch
     Roberts
     Sessions
     Shelby
     Vitter
     Voinovich
     Wicker

                             NOT VOTING--1

       
     Hutchison
       
  The PRESIDING OFFICER. On this vote the yeas are 70, the nays are 29. 
Three-fifths of the Senators duly chosen and sworn having voted in the 
affirmative, the motion is agreed to.
  Mr. CARDIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REED. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                  Unanimous Consent Agreement--S. 1963

  Mr. REED. Mr. President, I ask unanimous consent that upon 
disposition of the nomination of Judge David Hamilton and the Senate 
resuming legislative session that the Senate then proceed to the 
consideration of Calendar No. 190, S. 1963, Veterans Health Care 
Initiatives, and that the bill be considered under the following 
limitations: that general debate on the bill be limited to 30 minutes 
equally divided and controlled between Senators Akaka and Burr or their 
designees; that the only amendment in order be a Coburn amendment 
regarding funding priorities which is at the desk and that it be 
printed in the Record once this agreement is entered; that debate on 
the amendment be limited to 3 hours, with 2 hours under the control of 
Senator Coburn and 60 minutes under the control of Senator Akaka or his 
designee; that upon the use or yielding back of all time, the Senate 
proceed to vote in relation to the Coburn amendment; that upon 
disposition of the Coburn amendment, the bill, as amended, if amended, 
be read a third time, and the Senate then proceed to vote on passage of 
the bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment (No. 2785) is printed in today's Record under ``Text 
of Amendments.'')
  Mr. REED. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BURRIS. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BURRIS. I ask unanimous consent to speak as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.