[Congressional Record (Bound Edition), Volume 149 (2003), Part 19]
[Senate]
[Page 26642]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      NOMINATION OF MICHAEL GARCIA

  Mr. HATCH. I appreciate Senator Collins, Chair of the Governmental 
Affairs Committee, entering into a colloquy on a matter that concerns 
the Judiciary Committee. In particular, our colloquy involves the 
nomination of Michael Garcia to be Assistant Secretary of Homeland 
Security. Following our statements, I will seek a unanimous consent 
agreement to refer Mr. Garcia's nomination to the Judiciary Committee.
  All committees derive their ``respective jurisdictions'' from Senate 
Rule XXV, among other sources. As such the Governmental Affairs 
Committee, in its responsibility for the ``organization and 
reorganization of the executive branch of the Government,'' played a 
crucial role in establishing the new Department of Homeland Security. I 
would like to compliment Senator Collins on her leadership and the 
significant improvements that have resulted in our nation's security 
since September 11th.
  Also, under Senate Rule XXV, the Committee on the Judiciary has 
jurisdiction over ``Immigration and naturalization.'' It is important 
for the immigration and naturalization functions which have been 
transferred from the Department of Justice and other law enforcement 
agencies to the Department of Homeland Security to remain under the 
jurisdiction of the Judiciary Committee.
  With the formation of three new bureaus for immigration policy in the 
Department of Homeland Security, countless situations--from day-to-day 
immigration services and enforcement to long-term border security 
planning--will arise in which legislation affecting these bureaus and 
oversight of these bureaus is an essential role of the Judiciary 
Committee. I appreciate my colleague taking the time to clarify the 
confirmation process of Mr. Garcia and the commitment to Senate Rules 
XXV and XXVI, Section 8 as it affects the Judiciary Committee's 
jurisdiction.
  Ms. COLLINS. I appreciate the Senator's comments and I look forward 
to working with him. I would also like to assure him that I do not 
believe the Governmental Affairs Committee's jurisdiction affects in 
any way the Judiciary Committee's jurisdiction over immigration and 
naturalization matters, as set forth in Senate rule XXV. The 
Governmental Affairs Committee was responsible for the Homeland 
Security Act of 2002 which created the new Department of Homeland 
Security. The committee has conducted wide-ranging and vigorous 
oversight of the Department and, this year alone, has reported out six 
bills that address homeland security concerns. In total, the 
Governmental Affairs Committee has held over 30 hearing on homeland 
security matters, thus reflecting the paramount role it plays with 
respect to these matters.
  The committee also has handled the nominations of almost all of the 
Department's nominees. On June 5th of this year, our committee held a 
hearing on Mr. Garcia's nomination. We reported his nomination to the 
full Senate on June 17th. We then agreed to a referral of Mr. Garcia's 
nomination to the Judiciary Committee. I understand that my colleague, 
the distinguished Chairman of the Judiciary Committee, now seeks a 
second referral of the nomination in order to complete its work 
thereon. I have no objection to my colleagues' request.
  Mr. HATCH. I thank the Chair of the Governmental Affairs for her 
comments and efforts on this matter.

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