Senate
Page S4145 · Official textThe Senate met at 3 p.m. and was called to order by the Honorable Ted Budd, a Senator from the State of North Carolina.
Vol. 172, No. 118 · 119th Congress, 2nd session
The Senate met at 3 p.m. and was called to order by the Honorable Ted Budd, a Senator from the State of North Carolina.
The Chaplain, Dr. Barry C. Black, offered the following prayer: Let us pray. Almighty God, source of righteousness, joy, and peace, challenge us when we assume we know what is right instead of seeking Your wisdom. Lord, guide our leaders and lawmakers to seek Your truth, follow Your direction, and make decisions with humility and discernment. Help them pursue what is best for our Nation and world, trusting in Your sovereignty, power, and love. Remind them that nothing is impossible with You. Strengthen them with Your wisdom, fill them with Your peace, bless them with Your abundance, and prepare them for each day ahead. We pray in Your mighty Name. Amen.
The Presiding Officer led the Pledge of Allegiance, as follows:
The PRESIDING OFFICER
The senior assistant executive clerk read the following letter:
Mr. BUDD thereupon assumed the Chair as Acting President pro tempore.
The ACTING PRESIDENT pro tempore
The ACTING PRESIDENT pro tempore
The ACTING PRESIDENT pro tempore
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2027--Motion to Proceed
The ACTING PRESIDENT pro tempore
The senior assistant executive clerk read as follows:
The ACTING PRESIDENT pro tempore
The senior assistant executive clerk read as follows:
The ACTING PRESIDENT pro tempore
The ACTING PRESIDENT pro tempore
The motion was agreed to.
The ACTING PRESIDENT pro tempore
The senior assistant executive clerk read the nomination of Michael C. Martin, of Michigan, to be United States District Judge for the Eastern District of Michigan.
The ACTING PRESIDENT pro tempore
The senior assistant executive clerk read as follows:
The ACTING PRESIDENT pro tempore
The motion was agreed to.
The ACTING PRESIDENT pro tempore
The motion was agreed to.
The ACTING PRESIDENT pro tempore
The senior assistant executive clerk read the nomination of Antonio M. Pozos, of Pennsylvania, to be United States District Judge for the Eastern District of Pennsylvania.
The ACTING PRESIDENT pro tempore
The senior assistant executive clerk read as follows:
The ACTING PRESIDENT pro tempore
The motion was agreed to.
The ACTING PRESIDENT pro tempore
The motion was agreed to.
The ACTING PRESIDENT pro tempore
The senior assistant executive clerk read the nomination of Daniel Mack Traynor, of North Dakota, to be United States Circuit Judge for the Eighth Circuit.
The ACTING PRESIDENT pro tempore
The senior assistant executive clerk read as follows:
The ACTING PRESIDENT pro tempore
The senior assistant executive clerk proceeded to call the roll.
The ACTING PRESIDENT pro tempore
Mr. President, on a separate topic, last week, the President of the United States delivered a prime-time address from the White House. These sorts of addresses are usually reserved for national crises or the marking of a major milestone. So what was the occasion last week for President Trump to make such an address? To air 6-year-old grievances and lies about the outcome of the 2020 Presidential election. You see, despite the fact that Donald Trump lost to Joe Biden in 2020 by 7 million votes, President Trump refuses to acknowledge the truth, and he continues to complain, which was the reason for his statement last week. In a 25-minute rant, the President alleged sweeping foreign interference in voting and railed against the so-called deep state. He was actually railing against his own administration. You see, the 2020 election was during his first term as President. He was in charge. He appointed the people that were supposed to enforce the law. The press conference and the announcement last week ignored that fact. These claims would be laughable if they weren't so dangerous. First, the President was famous for not reading and requesting shorter and shorter versions of a brief provided by our intelligence community each day. He alleges the deep state misrepresented what actually happened to hide information from him. Second, his then-Director of National Intelligence John Ratcliffe, whom President Trump now has leading the Central Intelligence Agency, made public remarks addressing all of these concerns in 2020. It is hard to hide information you publicly discuss in press conferences. President Trump claimed the Department of Homeland Security has identified 278,000 noncitizens registered to vote in Federal elections. Think of that. The President of the United States claimed that his Agency of government has the names of 278,000 noncitizens registered to vote in Federal elections. Well, I sure want to see that evidence. I am sure the American people do too. The President can't produce it. It doesn't exist--none, not one page of documents backing up the claims he made in his public statement. No evidence. Election experts and State officials have called out this claim as "wildly speculative." Here are the actual facts. You know the SAVE America Act which the President is focused on, fixed on, can't think of anything else? The idea behind it is to make sure that noncitizens don't vote in the United States. Would you guess that it is currently against the law in the United States for noncitizens to vote? It is true. Well, let's take a look. Took a look at the Heritage Foundation, which is a conservative group, and asked them to provide information on how many noncitizens have been caught trying to vote in the United States. When we took a look, between 1993 and 2023--that would be 30 years, 1993 to 2023--millions and millions of votes were cast. How many noncitizens have we identified tried to vote in those elections? Well, if we are going to change the laws of the United States, there must be a lot of them. Turned out there were 77. Out of the millions of people who registered and voted, 77 were actually not citizens of the United States. The President wants to change the law. And how does he want to change the law? Well, if you want to register to vote, under the President's approach, you have to prove you are a citizen of the United States. How can you do that? Well, I will show my driver's license. I am sorry, that is not enough under this law. Under this law, you would have to show your passport. Got one in your back pocket? Half of Americans don't own a passport. If you want to get a passport so you can vote in the next election in about 100 days, what does it take? Well, you go to the passport Agency, and you plop down $165--that is what it costs for a basic passport in this country--and then you hope--you hope--it arrives in time. If you want to speed it up, get an accelerated process, it is $225. So in order to exercise your right to vote, under the SAVE America law, the President wants you to pay a poll tax, a passport fee, of up to $225 to vote. Anything wrong with that? That is just against most of the laws we have promulgated over the years saying that poll taxes on people to vote are fundamentally unfair. Oh, you can bring your birth certificate. I was thinking about that when I was home over the weekend. I asked my wife: Where is my birth certificate? She said: I think it is in a box in the closet. We haven't seen it in a long time. Well, according to the President's SAVE America bill, you are going to have to produce one. Incidentally, if you are a woman with a maiden name on a birth certificate, you have to have additional documentation. All of this to stop the scourge of noncitizens who voted. There were 77 of them over a 30-year period of time--77 in a nation of millions of people. But the President can't get it out of his head that somehow or another that foreigners have taken over our election. He lost one, and he just can't live with it. So why would the President have hosted a prime-time address attempting to resurrect these debunked claims? I will tell you: It is exactly what he did in the months preceding the 2020 election that he sought to steal. He is trying to lay the groundwork to justify rigging the results of the next election. That is the real political theater. President Trump and his Republican Party are struggling in the polls. They know their MAGA agenda is making life more expensive, communities less safe, and government more corrupt. And guess what. We are now again, sadly, in a never-ending war. So now they are focused on reviving thoroughly debunked conspiracy theories to undermine future elections before a single vote is cast.
Mr. President, as we heard in the President's address, he will use these bogus claims to push for passage of this anti-democratic and anti-voting SAVE America Act. It is already illegal for noncitizens to vote in the United States. They face prosecution and jail time for doing it. The SAVE America Act attempts to solve a problem that does not exist. The bill would impose expensive administrative roadblocks, making it more difficult for people to vote. Is that what America is all about, difficulties and hurdles for exercising our right to vote? I don't believe it will. We need to stop this effort immediately. We need to give the American people the last word in the election in November, not the President and his bizarre theories on who won in 2020. I yield the floor. I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore
The ACTING PRESIDENT pro tempore
The ACTING PRESIDENT pro tempore
(Mr. ROUNDS assumed the chair.)
The PRESIDING OFFICER (Mr. Armstrong)
The PRESIDING OFFICER
The senior assistant executive clerk proceeded to call the roll.
The PRESIDING OFFICER (Mr. Husted)
The PRESIDING OFFICER
The PRESIDING OFFICER
The senior assistant executive clerk read the nomination of Benjamin M. Flowers, of Ohio, to be United States Circuit Judge for the Sixth Circuit.
The PRESIDING OFFICER
The senior assistant executive clerk read as follows:
The PRESIDING OFFICER
The clerk will call the roll. The senior assistant executive clerk called the roll.
The PRESIDING OFFICER
The PRESIDING OFFICER
The PRESIDING OFFICER
The PRESIDING OFFICER (Mr. Sheehy)
So the bottom line is, the evidence suggests that the inclusion of photo ID, actually, is no impediment. Frankly, it could be argued that it makes the system easy to understand and enhances turnout. Photo ID doesn't just protect election integrity, though. It does more. It makes our elections work better. I want to make this case to my colleagues tonight that, if you don't want photo ID because you don't believe it is important for election integrity and you don't think that election integrity is enough of a reason to do it, well, I am going to point to the fact that photo ID also provides an ease for election administration. It makes it run better. It makes it run better, and I am going to give you a prime example of this. Look at what happened in California's recent elections. We all remember what happened there. Some of the State's most important races took more than a week to determine the outcomes, and officials spent weeks finishing the count. During that time, the reported leaders in each election--in those very close races--changed several times. You would hear reports: Well, this candidate is up. Now this candidate is up. This candidate is in the lead. And then, all of a sudden, they lose. Every additional day in that debate that went on for over a week, about who actually won those elections, undermines the confidence in those elections. That speculation--justified or not--creates and undermines election confidence when voters have to wait for more than a week to get an answer about who won an election. And I asked a California official why. Why did it take so long to count votes in California? The answer I, frankly, found to be pretty astonishing. This individual said the answer was simple: Every mail-in ballot has to go through a manual signature comparison with the signature on file. So let me explain what that means. Instead of asking a voter to present a secure photo ID, which would clear it up right at the very beginning, California asks thousands of election workers to spend days trying to determine whether two signatures match or not. That is their system for determining whether or not the individual voting is actually the right person? California turns election workers into handwriting experts when the rest of America has settled on a far, far simpler way to verify identity, and that is photo ID. We don't need to make the election workers handwriting experts. We can simply show a photo ID and say: Hey, we know who the person is who is casting the ballot. They are a valid voter. Let's give them a ballot. It has been said many times. But please, we ask for a photo ID when we get on a plane. We ask for a photo ID when we open a bank account or a credit card, to check into a hotel, to buy alcohol, or to get prescription medications. This is not a burden on the American people. But when it comes to protecting the most fundamental right in our democracy, some States are still comparing signatures by hand. That defies common sense. A secure photo ID is faster. It is simpler. It is more objective. It helps election officials do their jobs more efficiently. It delivers results more quickly. And it gives Americans greater confidence that the eligible voter casting the ballot can legally cast that ballot and have it counted. Election laws should make it easy to vote and hard to cheat. Requiring a photo ID does both. It is pretty simple. It protects the integrity of our elections, it improves the efficiency of our election system, and it strengthens public confidence in the outcome. And I tell you. I have heard many Democrats say that they don't support the SAVE America Act. However, I did listen to the minority leader Chuck Schumer say that their objection as Democrats is not to photo ID. Again, I listened carefully to my colleagues--I tried to pay attention--to get clues from them about what they might support. So, when the minority leader said that they didn't oppose photo ID, I thought that would be a great opportunity to take a simple slice of the SAVE America Act--photo ID--put that together in a bill and present it. Clearly, based on his comments, I thought we would get bipartisan support. But that wasn't true, apparently, because, even after we proposed that legislation, he objected to it. I have and will continue to give my colleagues on both sides of the aisle the option to put their words into action. I have and will continue to put forward a clean, simple, straightforward bill to require photo ID in American elections--nothing more. It works in 36 States, and I promise you that, in States like California, where they have no photo ID law and it takes weeks to count ballots, their elections not only will have greater integrity, but their elections will be administered much more efficiently. Believe me, there is no more unifying issue for Americans on election integrity than photo ID. The vast majority of the American people supports requiring a photo ID. You see it in poll after poll after poll. The vast majority of Americans thinks it is just common sense because they do it every single day as they live their lives and conduct business. Americans deserve confidence in elections, supported by election integrity measures like photo ID. We can make it easy to vote and hard to cheat. Passing photo ID requirements are common sense. It is the right thing to do for election integrity and the right thing to do for voter confidence. I will close with this: This is a rare bipartisan issue for Americans. It is rare that you have Americans, in this polarized world that we live in, who can all say--Democrats, Republicans, Independents--that we support the idea of photo ID for election integrity. They have united around it, and I think all of our constituents are wondering why we can't pass this simple legislation. I hear it all the time as I travel across Ohio. Voters say: Hey, pass photo ID. Pass the SAVE America Act. You can do this. We should do this. I agree. I think I have voted for it six times already, and I look forward to voting for it for seven, eight, nine. However many times it takes to get it done, we will get it done. If a few of our colleagues on the other side of the aisle would join us in supporting the will of the American people, we could get it done sooner. We can give the American people election integrity, the efficient administration of elections, and boost public confidence in elections. Ultimately, more trust in our elections gives us more trust in the government and in the people that we are electing. Let's get this done. It is long past time to get the photo ID portion of SAVE America passed. Let's do it. The time is now. I yield the floor.
The PRESIDING OFFICER
(Laughter.)
The PRESIDING OFFICER
The PRESIDING OFFICER
The PRESIDING OFFICER
Mrs. HYDE-SMITH, Mr. President, it is an honor to pay tribute today to Judge Tom Lee, who has recently assumed inactive status after more than 40 years on the Federal bench, Judge Lee was appointed by President Ronald Reagan in 1984 to the U.S. District Court for the Southern District Court of Mississippi. He would go on to serve as chief judge from 1996 to 2003 and as chief judge he oversaw the implementation of the Case Management and Electronic Case Filing System, a system still used by the Federal Courts today. Early in Judge Lee's career prior to this appointment, he was a legal stalwart in his native Scott County serving as county prosecutor, youth court judge, and city of Forest municipal court judge--well, maybe referring to his hometown of Forest as a city is a bit of a stretch. Preceding Judge Lee's legal career beginnings in his hometown, he graduated from the University of Mississippi School of Law in 1965 and served in the U.S. Army Reserve as a captain in the JAG Corps from 1965-1973. The respect Judge Lee earned during more than four decades of judicial service has no limit. A defining characteristic of Judge Lee's remarkable career is his deep commitment to applying the law fairly and impartially. However, not only has Judge Lee earned a strong reputation for applying the law fairly, but he is also known to have done so with humility, courtesy, and integrity. Highly regarded for his strong intellectual ability too, these qualities have earned Judge Lee the deep admiration of so many legal professionals who have witnessed his service on the bench. Throughout Judge Lee's career, lawyers, litigants, law clerks, court reporters, court employees, and fellow judges have all praised his outstanding character in how he handled matters before his court. During his time on the bench, Judge Lee has presided over a number of high-profile cases. His most recent high-profile case was the "Goon Squad Case" in March of 2024. It was one of the most challenging and closely watched criminal cases in Mississippi's recent history. Consistent with Judge Lee's career, he approached that responsibility with fairness, careful deliberation, and an unwavering commitment to the rule of law. Judge Lee's work on that case serves as an example of the strong integrity and judicial temperament that has defined his career. So many members of Mississippi's legal community have been influenced by Judge Lee. I am certain their careers have been enhanced by Judge Lee's legacy and follow the example he set as it applies to their own professional circumstances. Judge Lee's legacy will undoubtedly continue long after his years of active judicial have concluded. The State of Mississippi is blessed that Judge Tom Lee is one of our own as is our Nation's judicial system as a whole.
Messages from the President of the United States were communicated to the Senate by Mr. Hanley, one of his secretaries.
In executive session the Presiding Officer laid before the Senate messages from the President of the United States submitting sundry nominations which were referred to the appropriate committees. (The messages received today are printed at the end of the Senate proceedings.)
The following bill was read the second time, and placed on the calendar:
The following communications were laid before the Senate, together with accompanying papers, reports, and documents, and were referred as indicated:
The following bills and joint resolutions were introduced, read the first and second times by unanimous consent, and referred as indicated:
At the request of Ms. Ernst, the name of the Senator from North Carolina (Mr. Budd) was added as a cosponsor of S. 177, a bill to prohibit Federal funding of Planned Parenthood Federation of America. At the request of Mr. Tuberville, the name of the Senator from Pennsylvania (Mr. McCormick) was added as a cosponsor of S. 179, a bill to amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes. At the request of Mr. Blumenthal, the name of the Senator from Rhode Island (Mr. Whitehouse) was added as a cosponsor of S. 726, a bill to amend chapter 44 of title 18, United States Code, to require the safe storage of firearms, and for other purposes. At the request of Mr. Paul, the name of the Senator from New Hampshire (Ms. Hassan) was added as a cosponsor of S. 1414, a bill to amend the Public Health Service Act to provide that clinical studies required for licensure of biological products as biosimilar shall not be required to include the assessment of immunogenicity, pharmacodynamics, or comparative clinical efficacy. At the request of Mr. Blumenthal, the name of the Senator from Ohio (Mr. Moreno) was added as a cosponsor of S. 1537, a bill to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to approve interstate commerce carrier apprenticeship programs for purposes of veterans educational assistance, and for other purposes. At the request of Mr. Whitehouse, the name of the Senator from Connecticut (Mr. Blumenthal) was added as a cosponsor of S. 1690, a bill to amend the Internal Revenue Code of 1986 to increase funding for Social Security and Medicare. At the request of Mr. Cramer, the name of the Senator from New Mexico (Mr. Lujan) was added as a cosponsor of S. 1716, a bill to amend title XXVII of the Public Health Service Act to improve health care coverage under vision plans, and for other purposes. At the request of Ms. Warren, the name of the Senator from Colorado (Mr. Hickenlooper) was added as a cosponsor of S. 2006, a bill to amend title 10, United States Code, to prohibit discrimination in the Armed Forces on the basis of gender identity, and for other purposes. At the request of Ms. Cantwell, the name of the Senator from Maryland (Mr. Van Hollen) was added as a cosponsor of S. 2042, a bill to provide lasting protection for inventoried roadless areas within the National Forest System. At the request of Ms. Baldwin, the names of the Senator from Texas (Mr. Cornyn) and the Senator from Alaska (Ms. Murkowski) were added as cosponsors of S. 2195, a bill to award a Congressional Gold Medal, collectively, to the brave women who served in World War II as members of the U.S. Army Nurse Corps and U.S. Navy Nurse Corps. At the request of Ms. Cantwell, the name of the Senator from Virginia (Mr. Warner) was added as a cosponsor of S. 3378, a bill to amend the Internal Revenue Code of 1986 to establish name, image, and likeness investment accounts for student-athletes, and for other purposes. At the request of Mr. McCormick, the name of the Senator from Texas (Mr. Cornyn) was added as a cosponsor of S. 3524, a bill to amend title 54, United States Code, to modify certain cost-sharing requirements for grant programs under the American Battlefield Protection Program, and for other purposes. At the request of Ms. Hassan, the name of the Senator from Maine (Mr. King) was added as a cosponsor of S. 3589, a bill to amend the Higher Education Act of 1965 to provide students with disabilities and their families with access to critical information needed to select the right college and succeed once enrolled. At the request of Mr. Blumenthal, the name of the Senator from Colorado (Mr. Hickenlooper) was added as a cosponsor of S. 3691, a bill to establish the Commission on Equity and Reconciliation in the Uniformed Services. At the request of Mr. Sheehy, the name of the Senator from Kansas (Mr. Marshall) was added as a cosponsor of S. 3778, a bill to amend the Internal Revenue Code of 1986 to expand the carbon oxide sequestration credit to include solid or liquid carbon capture facilities. At the request of Mr. McCormick, the names of the Senator from Idaho (Mr. Risch) and the Senator from Connecticut (Mr. Blumenthal) were added as cosponsors of S. 4395, a bill to reauthorize the Terrorism Risk Insurance Act of 2002, and for other purposes. At the request of Mr. Moreno, the name of the Senator from New Hampshire (Mrs. Shaheen) was added as a cosponsor of S. 4429, a bill to prohibit the importation, manufacture, sale, resale, or introduction into interstate commerce in the United States of connected vehicles and related software and hardware associated with foreign adversaries. At the request of Mr. Lankford, the names of the Senator from Alaska (Mr. Sullivan), the Senator from North Carolina (Mr. Tillis), the Senator from Texas (Mr. Cornyn) and the Senator from Oklahoma (Mr. Armstrong) were added as cosponsors of S. 4632, a bill to provide for a period of continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, to establish procedures and consequences in the event of a failure to enact appropriations, and for other purposes. At the request of Mr. Sheehy, the name of the Senator from Florida (Mrs. Moody) was added as a cosponsor of S. 4824, a bill to amend section 5545 of title 5, United States Code, to provide hazard pay for carrying out prescribed burns, and for other purposes. At the request of Ms. Ernst, the names of the Senator from Nebraska (Mr. Ricketts), the Senator from Kansas (Mr. Marshall), the Senator from North Dakota (Mr. Cramer), the Senator from Florida (Mrs. Moody), the Senator from Montana (Mr. Sheehy), the Senator from Indiana (Mr. Banks), the Senator from Iowa (Mr. Grassley), the Senator from Texas (Mr. Cornyn), the Senator from Ohio (Mr. Moreno), the Senator from Ohio (Mr. Husted), the Senator from Pennsylvania (Mr. McCormick), the Senator from Oklahoma (Mr. Lankford), the Senator from Indiana (Mr. Young), the Senator from Alabama (Mrs. Britt), the Senator from Missouri (Mr. Schmitt), the Senator from Louisiana (Mr. Kennedy), the Senator from West Virginia (Mr. Justice), the Senator from Wyoming (Ms. Lummis), the Senator from Wyoming (Mr. Barrasso), the Senator from Montana (Mr. Daines) and the Senator from North Carolina (Mr. Budd) were added as cosponsors of S. 4952, a bill to combat fraud in Federal programs, and for other purposes. At the request of Mr. Tuberville, the name of the Senator from Virginia (Mr. Kaine) was added as a cosponsor of S. 4974, a bill to amend the Federal Food, Drug, and Cosmetic Act with respect to food safety. At the request of Mrs. Blackburn, the name of the Senator from Missouri (Mr. Hawley) was added as a cosponsor of S. 5023, a bill to amend the Immigration and Nationality Act to provide for the inadmissibility of certain aliens seeking citizenship for children by giving birth in the United States, and for other purposes. At the request of Ms. Duckworth, the name of the Senator from Arizona (Mr. Kelly) was added as a cosponsor of amendment No. 5898 intended to be proposed to S. 4784, an original bill to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. At the request of Mr. Grassley, the name of the Senator from Minnesota (Ms. Klobuchar) was added as a cosponsor of amendment No. 5905 intended to be proposed to S. 4784, an original bill to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. At the request of Mr. Grassley, the names of the Senator from Vermont (Mr. Welch) and the Senator from Minnesota (Ms. Klobuchar) were added as cosponsors of amendment No. 5906 intended to be proposed to S. 4784, an original bill to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
SA 6703. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
SA 6703. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
The PRESIDING OFFICER
Thereupon, the Senate, at 7:59 p.m., adjourned until Tuesday, July 21, 2026, at 10 a.m.
Executive nominations received by the Senate:
The Senate Committee on Homeland Security and Governmental Affairs was discharged from further consideration of the following nomination under the authority of the order of the Senate of 01/07/2009 and the nomination was placed on the Executive Calendar: