February 9, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 1289 Then we can get to conference and get The ACTING PRESIDENT pro tem- San Diego magistrate judge for the dis- a bill to the President. pore. Without objection, it is so or- trict court, and I am very proud to rec- In closing, if our bill is the law of the dered. ommend her and to have had unani- land, we would save 1.8 million jobs and Mrs. FEINSTEIN. Let me tell every- mous consent of the Judiciary Com- be able to create up to another million one a little about Judge Bencivengo. mittee for her confirmation. jobs. There is a lot riding on this bill. She is a consensus nominee who was I see Senator LEE on the floor. Per- I hope we will come together this after- approved by the Judiciary Committee haps I could ask unanimous consent noon. by a voice vote. That does not often that when Senator LEE concludes, and Thank you for your indulgence. happen. There was no objection from if there is time remaining, I be recog- I yield the floor. any colleague on any side of the aisle. nized to speak for a couple minutes as f She was recommended to me by a bi- in morning business. partisan judicial selection committee EXECUTIVE SESSION The ACTING PRESIDENT pro tem- which I have established in California pore. Without objection, it is so or- to advise me in recommending judicial dered. NOMINATION OF CATHY ANN nominees to the President. This com- The Senator from Utah. BENCIVENGO TO BE A UNITED mittee reviews judicial candidates Mr. LEE. Mr. President, I ask unani- STATES DISTRICT JUDGE FOR based on their legal skill, reputation, mous consent to speak for a period of THE SOUTHERN DISTRICT OF experience, temperament, and overall up to 7 minutes. commitment to excellence. CALIFORNIA The ACTING PRESIDENT pro tem- Judge Bencivengo has been a U.S. pore. The Senator has that time. The ACTING PRESIDENT pro tem- magistrate judge in San Diego for the pore. Under the previous order, the last 6 years, and she has earned an out- Mr. LEE. Mr. President, I rise in op- Senate will proceed to executive ses- standing reputation in that judicial position to this nomination. I do so not sion to consider the following nomina- role. because of the qualifications of this tion, which the clerk will report. Throughout my advisory commit- particular nominee, but instead I do so The assistant legislative clerk read tee’s process, Judge Bencivengo has ac- in defense of the U.S. Constitution. the nomination of Cathy Ann tually set herself apart as a person who In opposing President Obama’s ap- Bencivengo, of California, to be United would be truly exceptional. She was pointments, I have repeatedly made States District Judge for the Southern born in New Jersey. She began her un- clear this is a constitutional issue. District of California. dergraduate career at Rutgers. She Each time I have spoken—and I have The ACTING PRESIDENT pro tem- earned a bachelor’s in journalism and done so on numerous occasions—I have pore. Under the previous order, there political science and a master’s from set forth in detail the reasons why I be- will be 30 minutes of debate, equally di- Rutgers as well. lieve on a legal basis, on a constitu- vided, prior to a vote on the nomina- She worked for a leading American tional basis, why President Obama’s re- tion, with the time already consumed corporation—Johnson & Johnson—in cent purported recess appointments are counting toward the majority’s por- New Brunswick. She then attended the unprecedented and unconstitutional. I tion. University of Michigan Law School, have also made absolutely clear that The Senator from California is recog- where she excelled, graduating magna my opposition to President Obama’s nized. cum laude, and was inducted into the appointments is not partisan and that I Mrs. FEINSTEIN. Mr. President, I Order of the Coif. will hold a Republican President equal- rise to speak on behalf of the nomina- After law school, she joined the San ly accountable whenever any Repub- tion of magistrate judge Cathy Ann Diego firm of Gray Cary, which later lican President makes a similarly un- Bencivengo to the position of district became part of a major international constitutional claim of power. judge for the Southern District of Cali- law firm. She became a founding mem- This President has enjoyed my co- fornia. ber of the firm’s patent litigation operation up to this point. I voted for Judge Bencivengo will fill a judicial group. Her knowledge of patent law, many, if not most, of his nominees. emergency vacancy in a judicial dis- which she honed in law school and in That cooperation cannot continue—not trict along the southwest border that private practice, made her a valued re- in the same way he has enjoyed it up to has one of the highest and most rapidly source for her colleagues and clients, this point. In light of the fact he has increasing criminal caseloads in the so she quickly rose through the ranks disrespected our authority within this country. at her firm. She was selected as the na- body, he has disrespected the Constitu- The Southern District of California tional cochair of her firm’s patent liti- tion. includes San Diego and Imperial Coun- gation group, a role in which she man- Unfortunately, many of my col- ties. It borders Mexico, and it con- aged 70 patent attorneys. leagues have refused to engage on the sequently has a large immigration In 2005, she became a magistrate real substance of this issue. Instead, caseload. It ranks fourth in the coun- judge, a role in which she has served as they have repeatedly changed the sub- try in terms of criminal case filings per a serious and thoughtful jurist. Since ject to partisan politics, the nomina- authorized judgeship. her appointment, she has published 180 tions process, and Richard Cordray’s The district’s former chief judge, opinions, over 190 reports and rec- qualifications to head the CFPB. Even Irma Gonzalez, wrote me a letter urg- ommendations, over 1,800 orders on worse, and despite my repeatedly mak- ing Judge Bencivengo’s confirmation nondispositive motions, and roughly ing clear I intend to hold any Repub- and highlighting the felony caseload 800 of her orders involved felony crimi- lican President to the same standard to crisis in the district. As Chief Judge nal cases. protect the institutional and constitu- Gonzalez explained, since 2008 criminal She has substantial expertise in pat- tional prerogatives of the Senate rath- case filings in the district have in- ent law, which will be welcome in the er than the interests of any political creased by 42 percent and civil case fil- district, which is part of a new Federal party—given those are at stake—the ings by 25 percent. In the past fiscal judicial program designed to assign Democrats, including the President year alone, criminal cases had risen 17 more patent cases to judges who are himself, have accused me of playing percent up to the time of her letter. It experts in the field of patent law. So politics. I wish to be clear again: This is, in fact, a judicial emergency. she will be helpful. is not the case. I am here to defend the The ACTING PRESIDENT pro tem- Judge Bencivengo has received high constitutional prerogatives of the Sen- pore. The Senator is advised the pre- praise from any number of people. I ate and the separation of powers and vious allotted time has expired. know of no opposition to her confirma- the system of checks and balances that Mrs. FEINSTEIN. I ask unanimous tion. I think this advice and consent are at the heart of our constitutional consent to speak for 7 minutes. process will yield a very good, seasoned system.

VerDate Sep 11 2014 13:22 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR12\S09FE2.000 S09FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 1290 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 9, 2012 The Senate’s advice-and-consent role The ACTING PRESIDENT pro tem- sent to a vote on Judge Bencivengo’s is grounded in the Constitution’s sys- pore. The Senator from California. nomination. tem of checks and balances. In Fed- Mrs. FEINSTEIN. Mr. President, I I thank the Majority Leader for se- eralist 51, James Madison wrote: would like to briefly respond to Sen- curing today’s vote. There is no reason . . . the great security against a gradual ator LEE’s comments. or explanation why the Senate Repub- concentration of the several powers in the I understand the reasons for which he lican leadership will not consent to same [branch of government], consists in is opposing this nominee. I would again vote on the other 18 judicial nomina- giving to those who administer each [branch] point out that, in my opinion, based on tions waiting for final Senate action. the necessary constitutional means and per- what I heard the distinguished Senator All but three of them were reported by sonal motives to resist encroachments of the say, it has nothing to do with the others. the Judiciary Committee without op- nominee. It has to do with a peripheral position, just like Judge Bencivengo’s Among those constitutional means is issue. I would hope a majority of the nomination. the Senate’s ability to withhold its Senate would understand this is a to- Earlier this week I urged Senate Re- consent for a nominee, forcing the tally noncontroversial, totally capable, President to work with Congress to ad- publicans to join with Democrats and totally qualified, and totally good take long overdue steps to remedy the dress that body’s concerns. nominee. To hold her confirmation hos- The key conclusion of the Depart- serious vacancies crisis on Federal tage is something that doesn’t redound courts throughout the country. Con- ment of Justice’s Office of Legal Coun- well on this body. sel memorandum, on which President senting to vote on a single judicial This is a judicial emergency in the nomination, only the third such vote Obama relied in making these recess Southern District of California, and we appointments, is that the President we have had this year, is not much in need to get this judge approved. So the way of progress. may unilaterally decide and conclude while I appreciate the Senator’s com- that the Senate’s pro forma sessions ments—I think most of us are well There is no reason or explanation for somehow do not constitute sessions of aware of the feelings on the other why Senate Republicans continue to the Senate for purposes relevant to the side—I think somehow, some way, we block a vote on the nomination of recess appointments clause, in clause 3 have to come together and prevent Jesse Furman to fill a vacancy on the of article II, section 2. If allowed to what is happening. And what is hap- Southern District of New York. His stand, this deeply flawed assertion pening is, if I don’t get my way on nomination was voted out of the Judi- would upend an important element of something, I am going to hold up ap- ciary Committee on September 15, the Constitution’s separation of pow- pointments, I am going to hold up con- nearly 5 months ago, without opposi- ers. Under the procedures set forth by firmations, and I am going to do what- tion from a single member of the Com- the Constitution, it is for the Senate, ever I can to show I have power to dis- mittee and a month before the nomina- not for the President, to determine rupt this body. tion being considered today. Mr. when the Senate is in session. Indeed, In essence, the body can be disrupted. Furman, an experienced Federal pros- the Constitution expressly grants the We know that. There are very strong ecutor who served as Counselor to At- Senate that prerogative, the power to minority rights in the Senate rules of torney General Michael Mukasey for 2 ‘‘determine the Rules of its Pro- order. But at the same time, we have years during the Bush administration, ceedings.’’ an obligation to see that qualified peo- is a nominee with an impressive back- Commenting on this very provision ple who want to serve in this Govern- ground and bipartisan support. We in his authoritative constitutional ment—in this case in the judicial arm, should have voted on his nomination treatise, Joseph Story noted: in the Federal Court system—have an many months ago, and certainly before [t]he humblest assembly of men is under- opportunity to do so, and where there the end of the last session. Senate Re- stood to possess [the power to make its own is real danger in terms of overly high publicans have now skipped over that rules,] and it would be absurd to deprive the caseloads, we can respond and get nomination and stalled it for almost 5 councils of the nation of a like authority. qualified nominees in place. months. Yet this is precisely the result of I appreciate what the Senator had to Senate Republicans continue to President Obama’s attempt to tell the say. I understand it. But I appeal to block even judicial nominations with Senate when it is or is not in recess. this body: Please vote to approve home State support from Republican I am saddened some of my colleagues Cathy Bencivengo to the Southern Dis- Senators. Republican Senator MARCO in the Senate are not more jealous of trict of California. RUBIO and Democratic Senator BILL this body’s rightful constitutional, in- Mr. LEAHY. Mr. President, today, NELSON of Florida both introduced stitutional prerogatives. As they well the Senate will finally vote on the Judge Adalberto Jordan of Florida to know, the Constitution’s protections nomination of Judge Cathy Bencivengo the Judiciary Committee when we held do not belong to any one party, and its to fill a vacancy on the the U.S. Dis- his confirmation hearing last Sep- structural separation of powers is trict Court for the Southern District of tember for his nomination to fill a ju- meant to protect against the abuses of California, where she has served as a dicial emergency vacancy on the Elev- present and future Presidents of both Magistrate Judge since 2005. An experi- enth Circuit, and both strongly support parties. Acquiescing to the President enced judge and lawyer, with 17 years his nomination. in the moment may result in tem- in private practice before becoming a Judge Jordan is an experienced jurist porary political gain for the Presi- Magistrate Judge, Judge Bencivengo who has served as a judge for the dent’s party, but relinquishing this im- received the highest possible rating Southern District of Florida since 1999. portant piece of the Senate’s constitu- from the ABA’s Standing Committee If confirmed, Judge Jordan will be the tional role has lasting consequences for on the Federal Judiciary, unanimously first Cuban-born judge to serve on the Republicans and Democrats alike. ‘‘well qualified.’’ Her nomination, Eleventh Circuit, which covers Florida, It is on this basis, and because of the which has the strong support of her Georgia and Alabama. Born in Havana, oath I have taken to uphold the Con- home State Senators, Senators Fein- Cuba, Judge Jordan immigrated to the stitution of the United States, that I stein and Boxer, was reported unani- United States at age 6, going on to find myself dutybound to oppose this mously by the Judiciary Committee on graduate summa cum laude from the nomination. I strongly urge my col- October 6. Yet, despite the support of University of Miami law school. After leagues on both sides of the aisle to every Member of the Judiciary Com- law school, he clerked for Judge Thom- take seriously their obligation both to mittee, Democratic and Republican, as A. Clark on the Eleventh Circuit, the Constitution and to the institu- and despite vacancies across the coun- the court to which he is now nomi- tional prerogatives of the Senate and try in nearly one out of every 10 Fed- nated, and for Justice Sandra Day to do the same. eral judgeships, it has taken over 4 O’Connor, a President Reagan ap- I yield the floor. months for Senate Republicans to con- pointee to the United States Supreme

VerDate Sep 11 2014 13:22 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR12\S09FE2.000 S09FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 9, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 1291 Court. Judge Jordan has been a pros- Guaderrama to fill a judicial emer- election years of 2004 and 2008, reducing ecutor in the Southern District of Flor- gency vacancy on the Western District the vacancy rates in those years to ida, serving as Deputy Chief and then of Texas. their lowest levels in decades. That is Chief of the Appellate Division. Judge Of the 19 judicial nominations now the only way we have a chance to make Jordan has been a professor, since 1990 awaiting a final vote by the Senate, 16 up some of the ground we have lost and teaching at his alma mater, the Uni- were reported by the Judiciary Com- to address the serious and extended cri- versity of Miami School of Law, as well mittee with the support of every Sen- sis in judicial vacancies. as the Florida International University ator on the Committee, Democratic I congratulate Judge Bencivengo on College of Law. It is no surprise that and Republican. Month after month her confirmation today and hope that the ABA’s Standing Committee on the and year after year, Senate Repub- we can soon take up the rest of the 18 Federal Judiciary unanimously rated licans find excuses to delay confirma- judicial nominations still awaiting a Judge Jordan ‘‘well qualified’’ to serve tion of consensus judicial nominees for Senate vote. on the Eleventh Circuit, the highest no good reason. These delays are a dis- Mr. GRASSLEY. Mr. President, possible rating from its non-partisan service to the American people. They today the Senate is considering the peer review. It is also no surprise that prevent the Senate from fulfilling its nomination of Cathy Ann Bencivengo his nomination was reported unani- constitutional duty. And they are dam- to be U.S. district judge for the South- mously by the Judiciary Committee aging to the ability of our Federal ern District of California. I support nearly 4 months ago. The surprise is courts to provide justice to Americans this nomination which will fill the va- that Senate Republicans continue to around the country. cancy that has been created by Judge stall action on this nomination for no The cost of this across-the-board Re- Jeffrey Miller taking senior status. I good reason. publican obstruction is borne by the would also note that this vacancy has Judge Jordan is the kind of con- American people. More than half of all been designated as a judicial emer- sensus judicial nominee that should be Americans, nearly 160 million, live in gency. welcomed as one of the many examples districts or circuits that have a judi- After today, the Senate will have of President Obama reaching out to cial vacancy that could be filled today confirmed 126 nominees to our article work with Republican and Democratic if Senate Republicans just agreed to III courts. I would note that even as we home State senators and the kind of vote on the nominations that have continue to reduce judicial vacancies, superbly qualified nominee we should been reported favorably by the Judici- the majority of vacancies have no all encourage to serve on the distin- ary Committee. It is wrong to delay nominee. In fact, 46 of 86 vacancies guished bench of Federal appeals court votes on these qualified, consensus ju- have no nomination. Furthermore, 18 judges. In the past the Senate would dicial nominees. The Senate should fill of the 33 seats designated judicial have voted on his nomination within these numerous, extended judicial va- emergencies have no nominee. So when days or weeks of its being reported cancies, not delay final action for no I hear comments about ‘‘unprece- unanimously by the Judiciary Com- good reason. dented’’ vacancy rates, I would ask my mittee. Yet Republicans refused to con- By nearly any measure we are well colleagues and the other interested sent to a vote on Judge Jordan’s nomi- behind where we should be. Three years parties to look first to the White nation before the end of the last ses- into President Obama’s first term, the House. The fact is, the Senate is doing sion and it has been stalled on the Sen- Senate has confirmed a lower percent- its job in providing advice and consent ate Calendar for nearly 4 months. When age of President Obama’s judicial to the President’s judicial nominees. we finally do vote on Judge Jordan’s nominees than those of any President Judge Cathy Ann Bencivengo pres- nomination I am certain he will be con- in the last 35 years. The Senate has ently serves as a U.S. magistrate judge firmed with broad bipartisan support, confirmed just over 70 percent of Presi- for the Southern District of California. perhaps unanimously. There is no good dent Obama’s circuit and district nomi- She was appointed to that court in reason the Senate is not voting to con- nees, with more than one in four not 2005. firm Judge Jordan today. confirmed. This is in stark contrast to She received a bachelor of arts from If caseloads were really a concern of the nearly 87 percent of President the Rutgers University in 1980, a mas- Republican Senators, as they con- George W. Bush’s nominees who were ters from Rutgers in 1981, and her juris tended when they filibustered the nom- confirmed, nearly nine out of every 10 doctorate from University of Michigan ination last December of Caitlin nominees he sent to the Senate. Law School in 1988. Halligan to the D.C. Circuit, they We remain well behind the pace set Upon graduating law school, Judge would not continue to block us from by the Senate during President Bush’s Bencivengo became an associate at the voting on Judge Jordan’s nomination first term. By this date in President law firm DLA Piper. There, she worked to fill a judicial emergency vacancy on Bush’s first term, the Senate had con- as a civil litigator, primarily handling the Eleventh Circuit, one of the busier firmed 170 Federal circuit and district intellectual property cases. In 1996, she circuits in the country. They would not court nominations on the way to 205, became a partner at DLA Piper. She continue to block a vote on the nomi- and had lowered judicial vacancies to also was the national cochair of patent nation of Judge Jacqueline Nguyen, re- 46. By the time Americans went to the litigation for DLA Piper from 1993 to ported last December to fill a judicial polls in November 2004, we had reduced 2005. emergency vacancy on the Ninth Cir- vacancies to 28 nationwide, the lowest In 1994, Judge Bencivengo was ap- cuit, the busiest Federal appeals court level in the last 20 years. In contrast, pointed as a judge pro tem for the San in the country. They would consent to the Senate has confirmed only 125 of Diego Small Claims Court. She served vote on the nomination of Paul President Obama’s district and circuit there until 2006, volunteering approxi- Watford, a well-qualified nominee to nominees, and judicial vacancies re- mately six times a year and hearing fill another judicial emergency on the main over 85. The vacancy rate is dou- judgments on about 100 cases. Ninth Circuit. They would stop block- ble what it was at this point in the Since becoming a magistrate judge in ing us from voting on the nominations Bush administration. 2005, Judge Bencivengo has presided of David Nuffer to fill a judicial emer- I, again, urge Senate Republicans to over two cases that have gone to final gency vacancy on the District of Utah, abandon their obstructionist tactics verdict. Michael Fitzgerald to fill a judicial and do as Senate Democrats did when The American Bar Association emergency vacancy on the Central Dis- we worked to confirm 100 of President Standing Committee on the Federal trict of California, Miranda Du to fill a Bush’s judicial nominees in 17 months. Judiciary has rated Judge Bencivengo judicial emergency vacancy on the Dis- I urge them to work to reduce judicial with a unanimous ‘‘well-qualified’’ rat- trict of Nevada, Gregg Costa to fill a vacancies as we did by considering and ing. judicial emergency vacancy on the confirming President Bush’s judicial Mrs. BOXER. Mr. President, I am Southern District of Texas, and David nominations late into the Presidential proud to vote for the confirmation of

VerDate Sep 11 2014 13:22 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR12\S09FE2.000 S09FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 1292 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 1 February 9, 2012 Magistrate Judge Cathy Ann Inouye McCain Sanders Mr. KYL. The following Senators are Isakson McCaskill Schumer Bencivengo to the U.S. District Court Johanns McConnell Sessions necessarily absent: the Senator from for the Southern District of California. Johnson (SD) Menendez Shaheen Illinois (Mr. KIRK), the Senator from Judge Bencivengo was recommended to Johnson (WI) Merkley Snowe Kansas (Mr. ROBERTS), the Senator the President by my colleague, Senator Kerry Mikulski Stabenow from Kansas (Mr. MORAN), and the Sen- Klobuchar Murkowski Tester FEINSTEIN, and will be a great addition Kohl Murray Thune ator from Mississippi (Mr. WICKER). to the Federal bench. Kyl Nelson (NE) Toomey The PRESIDING OFFICER. Are there Judge Bencivengo will bring to the Landrieu Nelson (FL) Udall (CO) any other Senators in the Chamber de- Lautenberg Portman Udall (NM) siring to vote? bench her broad experience as a skilled Leahy Pryor Vitter lawyer and a Federal magistrate. A Levin Reed Warner The yeas and nays resulted—yeas 85, graduate of Rutgers University and the Lieberman Reid Webb nays 11, as follows: University of Michigan Law School, Lugar Rockefeller Whitehouse [Rollcall Vote No. 17 Leg.] Manchin Rubio Wyden Judge Bencivengo served as a partner YEAS—85 and the National Co-Chair of Patent NAYS—6 Akaka Feinstein Merkley Litigation Group for the international Crapo Lee Risch Alexander Franken Mikulski law firm of DLA Piper. In 2005, she re- DeMint Paul Shelby Ayotte Gillibrand Murray Barrasso Graham Nelson (NE) ceived an appointment to become a NOT VOTING—4 Baucus Grassley Nelson (FL) Magistrate Judge for the Southern Dis- Kirk Roberts Bennet Hagan Portman trict of California, where she has au- Moran Wicker Bingaman Harkin Pryor Blumenthal Heller Reed thored more than 170 opinions. The nomination was confirmed. Blunt Hoeven Reid I congratulate Judge Bencivengo and Boozman Hutchison The PRESIDING OFFICER. Under Rockefeller her family on this important day, and Boxer Inhofe the previous order, the motion to re- Brown (MA) Inouye Sanders urge my colleagues in the Senate to consider is considered made and laid Brown (OH) Isakson Schumer join in voting to confirm this highly upon the table. The President shall be Burr Johnson (SD) Sessions qualified nominee to the Federal immediately notified of the Senate’s Cardin Kerry Shaheen bench. Carper Klobuchar Shelby action. Casey Kohl Snowe I yield the floor, and I suggest the ab- f Chambliss Kyl Stabenow sence of a quorum. Coats Landrieu Tester The ACTING PRESIDENT pro tem- LEGISLATIVE SESSION Coburn Lautenberg Thune pore. The clerk will call the roll. Cochran Leahy Toomey The PRESIDING OFFICER. Under Collins Levin Udall (CO) The bill clerk proceeded to call the the previous order, the Senate resumes Conrad Lieberman Udall (NM) roll. legislative session. Coons Lugar Vitter Mrs. FEINSTEIN. Mr. President, I Corker Manchin Warner MOVING AHEAD FOR PROGRESS IN Cornyn McCain Webb ask unanimous consent that the order Crapo THE 21ST CENTURY ACT—MOTION McCaskill Whitehouse for the quorum call be rescinded. Durbin McConnell TO PROCEED Wyden The ACTING PRESIDENT pro tem- Enzi Menendez pore. Without objection, it is so or- CLOTURE MOTION NAYS—11 dered. The PRESIDING OFFICER. The clo- Begich Johanns Paul The question is, Shall the Senate ad- ture motion having been presented Cantwell Johnson (WI) Risch vise and consent to the nomination of under rule XXII, the Chair directs the DeMint Lee Rubio Hatch Murkowski Cathy Ann Bencivengo, of California, clerk to read the motion. to be United States District Judge for The assistant bill clerk read as fol- NOT VOTING—4 the Southern District of California. lows: Kirk Roberts Moran Wicker Mrs. FEINSTEIN. Mr. President, I CLOTURE MOTION ask for the yeas and nays. We, the undersigned Senators, in accord- The PRESIDING OFFICER. On this The ACTING PRESIDENT pro tem- ance with the provisions of rule XXII of the vote, the yeas are 85, the nays are 11. pore. Is there a sufficient second? Standing Rules of the Senate, hereby move Three-fifths of the Senators duly cho- There is a sufficient second. to bring to a close debate on the motion to sen and sworn having voted in the af- The clerk will call the roll. proceed to Calendar No. 311, S. 1813, a bill to firmative, the motion is agreed to. reauthorize Federal-aid highway and high- The bill clerk called the roll. The Senator from California. way safety construction programs, and for Mrs. BOXER. Mr. President, I wish to Mr. KYL. The following Senators are other purposes: necessarily absent: the Senator from thank my colleagues. This is a tremen- Barbara Boxer, Max Baucus, Mark L. dous vote here to move forward with Illinois (Mr. KIRK), the Senator from Pryor, John D. Rockefeller IV, Ben- one of the most important jobs bills we Kansas (Mr. MORAN), the Senator from jamin L. Cardin, Al Franken, Jack could do in this session, because we are Kansas (Mr. ROBERTS), and the Senator Reed (RI), Sheldon Whitehouse, Amy talking about protecting 1.8 million from Mississippi (Mr. WICKER). Klobuchar, Bernard Sanders, Patrick J. The PRESIDING OFFICER (Mr. Leahy, Tom Udall (NM), Frank R. Lau- jobs and the possibility of another 1 tenberg, Richard Blumenthal, Jeff million jobs being created through an SANDERS). Are there any other Sen- Merkley, Richard J. Durbin, Harry expanded TIFIA Program which ators in the Chamber desiring to vote? Reid. The result was announced—yeas 90, leverages local funds at very little risk The PRESIDING OFFICER. By unan- nays 6, as follows: to the Federal Government. So this is imous consent the mandatory quorum a good vote. [Rollcall Vote No. 16 Ex.] call has been waived. I wish to take this opportunity now YEAS—90 The question is, Is it the sense of the to thank colleagues on both sides of Akaka Burr Durbin Senate that debate on the motion to the aisle, but also to thank the over Alexander Cantwell Enzi proceed to S. 1813, a bill to reauthorize 1,000 groups out there—everyone rang- Ayotte Cardin Feinstein Barrasso Carper Franken Federal-aid highway and highway safe- ing from left to right and everything in Baucus Casey Gillibrand ty construction programs, and for between; from workers organizations, Begich Chambliss Graham other purposes, shall be brought to a to businesses, to the Chamber of Com- Bennet Coats Grassley Bingaman Coburn Hagan close? merce, to the AFL–CIO. It is rare we Blumenthal Cochran Harkin The yeas and nays are mandatory can walk down the aisle together. Blunt Collins Hatch under the rule. But now the true test comes. We Boozman Conrad Heller The clerk will call the roll. have a lot of work to do to complete Boxer Coons Hoeven Brown (MA) Corker Hutchison The assistant bill clerk called the this legislation, to make it real, to give Brown (OH) Cornyn Inhofe roll. that certainty out there, get those jobs

VerDate Sep 11 2014 13:22 Feb 23, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR12\S09FE2.000 S09FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD