[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[Senate]
[Pages 12936-12937]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to executive session to consider the following nominations on 
today's Executive Calendar: Calendar Nos. 90, 91, 178, 179, 180, 181, 
182, 183, 184, 185, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198.
  I further ask unanimous consent that the nominations be confirmed en 
bloc; that the motions to reconsider be laid upon table; that the 
President be immediately notified of the Senate's action; and that the 
Senate then return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed are as follows:


                  UNITED STATES SENTENCING COMMISSION

       Michael E. Horowitz, of Maryland, to be a Member of the 
     United States Sentencing Commission for a term expiring 
     October 31, 2007.
       Ricardo H. Hinojosa, of Texas, to be a Member of the United 
     States Sentencing Commission for a term expiring October 31, 
     2007.


                         DEPARTMENT OF JUSTICE

       Mark Moki Hanohano, of Hawaii, to be United States Marshal 
     for the District of Hawaii for the term of four years.


                             THE JUDICIARY

       L. Scott Coogler, of Alabama, to be United States District 
     Judge for the Northern District of Alabama.


              Department of Housing and Urban Development

       Steven B. Nesmith, of Pennsylvania, to be an Assistant 
     Secretary of Housing and Urban Development.


                National Institute of Building Sciences

       Lane Carson, of Louisiana, to be a Member of the Board of 
     Directors of the National Institute of Building Sciences for 
     a term expiring September 7, 2004.
       James Broaddus, of Texas, to be a Member of the Board of 
     Directors of the National Institute of Building Sciences for 
     a term expiring September 7, 2004.
       Jose Teran, of Florida, to be a Member of the Board of 
     Directors of the National Institute of Building Sciences for 
     a term expiring September 7, 2005.

[[Page 12937]]

       Morgan Edwards, of North Carolina, to be a Member of the 
     Board of Directors of the National Institute of Building 
     Sciences for a term expiring September 7, 2005.


                   Executive office of the president

       Nicholas Gregory Mankiw, of Massachusetts, to be a Member 
     of the Council of Economic Advisers.


                          Department of State

       Jeffrey Lunstead, of the District of Columbia, a Career 
     Member of the Senior Foreign Service, Class of Minister-
     Counselor, to be Ambassador Extraordinary and Plenipotentiary 
     of the United States of America to the Democratic Socialist 
     Republic of Sri Lanka, and to serve concurrently and without 
     additional compensation as Ambassador Extraordinary and 
     Plenipotentiary of the United States of America to the 
     Republic of Maldives.
       James B. Foley, of New York, a Career Member of the Senior 
     Foreign Service, Class of Counselor, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Republic of Haiti.
       Steven A. Browning, of Texas, a Career Member of the Senior 
     Foreign Service, Class of Minister-Counselor, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the Republic of Malawi.
       Harry K. Thomas, Jr., of New York, a Career Member of the 
     Senior Foreign Service, Class of Counselor, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the People's Republic of Bangladesh.
       Richard W. Erdman, of Maryland, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the People's Democratic Republic of 
     Algeria.
       Michael B. Enzi, of Wyoming, to be a Representative of the 
     United States of America to the Fifty-seventh Session of the 
     General Assembly of the United Nations.
       Paul Sarbanes, of Maryland, to be a Representative of the 
     United States of America to the Fifty-seventh Session of the 
     General Assembly of the United Nations.
       James Shinn, of New Jersey, to be a Representative of the 
     United States of America to the Fifty-seventh Session of the 
     General Assembly of the United Nations.
       Cynthis Costa, of South Carolina, to be an Alternate 
     Representative of the United States of America to the Fifty-
     seventh Session of the General Assembly of the United 
     Nations.
       Ralph Martinez, of Florida, to be an Alternate 
     Representative of the United States of America to the Fifty-
     seventh Session of the General Assembly of the United 
     Nations.

          Nominations of Ricardo Hinojosa and Michael Horowitz

  Mr. KENNEDY. Mr. President, I support the nominations of Ricardo 
Hinojosa and Michael Horowitz to the United States Sentencing 
Commission. The Sentencing Commission is responsible for developing 
guidelines for sentencing in Federal courts; collecting data about 
crime and sentencing; and serving as a resource to Congress, the White 
House, the Justice Department, and the judiciary on crime and 
sentencing policy. It is therefore critical that nominations to this 
commission continue to be made in a fair, cooperative, and bipartisan 
manner.
  When Mr. Hinojosa's and Mr. Horowitz's nominations came up in the 
Judiciary Committee in March 2003, I voted ``present'' because I was 
concerned about the process by which the White House had selected them. 
In particular, I was concerned that instead of the bipartisan selection 
process by which previous nominees had been named, the White House had 
selected Mr. Horowitz as an ostensible ``Democratic'' nominee without 
any consultation with Senate Democrats.
  Since that vote in committee, I have been informed that White House 
Counsel Alberto Gonzales has assured the ranking member of our 
committee, Senator Leahy, that the White House is treating both Mr. 
Hinojosa and Mr. Horowitz as Republican nominees to the commission. I 
further understand that when the next three vacancies arise on the 
commission in October, the President will either reappoint all three 
commissioners now holding those seats--Ruben Castillo, William 
Sessions, and Michael O'Neill--or will consult in the traditional and 
appropriate manner with the Democratic leadership before announcing a 
replacement nominee for a current Democratic commissioner. Based on 
that understanding, I have decided to support these important 
nominations to the U.S. Sentencing Commission.

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