[Congressional Record Volume 158, Number 73 (Monday, May 21, 2012)]
[Senate]
[Page S3316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                  Unanimous Consent Agreement--S. 3187

  Mr. REID. Mr. President, I ask unanimous consent that the cloture 
vote on the motion to proceed to Calendar No. 400, S. 3187, the Food 
and Drug Administration Safety and Innovation Act, be vitiated; that at 
2:15 tomorrow, Tuesday, May 22, the motion to proceed be agreed to; 
that the Harkin-Enzi substitute amendment, which is at the desk, be 
agreed to, and the bill, as amended by the Harkin-Enzi substitute, be 
considered original text for the purposes of further amendment, and 
that the majority leader be recognized at that time.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. REID. Mr. President, based on this, we will have a vote that 
should start in 5 minutes, which will be the only vote of the day.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the role.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I yield back all time and ask unanimous 
consent that the vote start now.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, will the Senate advise and consent to the nomination 
of Paul J. Watford, of California, to be United States Circuit Judge 
for the Ninth Circuit.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Missouri (Mrs. 
McCaskill) is necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint), the Senator from Nevada (Mr. Heller), 
the Senator from Illinois (Mr. Kirk), and the Senator from Louisiana 
(Mr. Vitter).
  Further, if present and voting, the Senator from South Carolina (Mr. 
DeMint) would have voted ``nay.''
  The PRESIDING OFFICER (Mrs. Hagan). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 61, nays 34, as follows:

                      [Rollcall Vote No. 104 Ex.]

                                YEAS--61

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

                                NAYS--34

     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     Enzi
     Grassley
     Hatch
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Lee
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Thune
     Toomey
     Wicker

                             NOT VOTING--5

     DeMint
     Heller
     Kirk
     McCaskill
     Vitter
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motions to 
reconsider are considered made and laid upon the table, and the 
President will be immediately notified of the Senate's action.

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