[Congressional Record (Bound Edition), Volume 149 (2003), Part 19]
[Senate]
[Pages 26988-26989]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

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 NOMINATION OF WILLIAM H. PRYOR, JR., OF ALABAMA, TO BE UNITED STATES 
                 CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT

  Mr. SANTORUM. Mr. President, I now ask unanimous consent that the 
Senate proceed to executive session for the consideration of Calendar 
No. 310, the nomination of William Pryor, to be U.S. circuit judge for 
the Eleventh Circuit.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. SANTORUM. The clerk will report.
  The legislative clerk read the nomination of William H. Pryor, Jr., 
of Alabama, to be United States Circuit Judge for the Eleventh Circuit.

[[Page 26989]]




                             cloture motion

  Mr. SANTORUM. Mr. President, on behalf of the majority leader, I now 
send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We the undersigned Senators, in accordance with the 
     provisions of Rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on Executive 
     Calendar No. 310, the nomination of William H. Pryor, Jr., to 
     be United States Circuit Judge for the Eleventh Circuit.
         Bill Frist, Rick Santorum, Ben Nighthorse Campbell, 
           Lindsey Graham, Norm Coleman, John Sununu, Jon Kyl, 
           Mike DeWine, Wayne Allard, Elizabeth Dole, Pete 
           Domenici, Mitch McConnell, Robert F. Bennett, Jeff 
           Sessions, Michael B. Enzi, John Ensign, John Cornyn.

  Mr. SANTORUM. Mr. President, I further ask unanimous consent that the 
live quorum provided for under rule XXII be waived.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


                           Executive Calendar

  Mr. SANTORUM. Mr. President, I ask unanimous consent that the Senate 
immediately proceed to consider the following nomination on today's 
Executive Calendar: Calendar No. 420. I further ask unanimous consent 
that the nomination be confirmed, the motion to reconsider be laid upon 
the table, and the President be immediately notified of the Senate's 
action.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nomination considered and confirmed is as follows:


             national aeronautics and space administration

       Gwendolyn Brown, of Virginia, to be Chief Financial 
     Officer, National Aeronautics and Space Administration.


           referral of nomination--executive calendar no. 299

  Mr. HATCH. Mr. President, 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 an 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 11.
  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 for Mr. Garcia and the commitment to Senate Rules 
XXI 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 hearings 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 5 of this year, our committee held a 
hearing on Mr. Garcia's nomination. We reported his nomination to the 
full Senate on June 17. 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 Committee 
for her comments and efforts on this matter.
  Mr. SANTORUM. Mr. President, I ask unanimous consent that Executive 
Calendar No. 299, the nomination of Michael Garcia, to be an Assistant 
Secretary of Homeland Security, be referred to the Committee on the 
Judiciary for a period not to exceed 30 days of Senate session, and 
that the Senate return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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