UNANIMOUS CONSENT AGREEMENT

Michael O. Leavitt (Cal. No. 405)

Ordered, That at 2:00 p.m. on Monday, October 27, 2003, the Senate proceed to executive session to consider the

nomination of Michael O. Leavitt, of Utah, to be Administrator of the Environmental Protection Agency; and

further, that the time until the scheduled cloture vote at 5:30 p.m. be divided with the Chairman of the Committee

on Environment and Public Works or his designee in control of 1 hour and 15 minutes and the Ranking Member or

his designee in control of 2 hours and 15 minutes; further, that the final 20 minutes before the vote be equally

divided with the last 10 minutes under the Chairman’s control.

Ordered further, That the live quorum as required under Rule XXII be waived. (October 23, 24, 2003)

RESOLUTIONS AND MOTIONS OVER, UNDER THE RULE

S. Res. 192 Executive Resolution to discharge the David W. McKeague nomination. July 7, 2003.- Mr. First

S. Res. 193 Executive Resolution to discharge the Susan Bieke Neilson nomination. July 7, 2003. - Mr. First

S. Res. 194 Executive Resolution to discharge the Henry W. Saad nomination. July 7, 2003. - Mr. First

S. Res. 195 Executive Resolution to discharge the Richard A. Griffin nomination. July 7, 2003. - Mr. First


UNITED STATES INTERNATIONAL TRADE

COMMISSION

* 48 114 Daniel Pearson, of Minnesota, to be a Member of

the United States International Trade

Commission for the term expiring June 16,

2011, vice Lynn M. Bragg, term expired.

Mar 5, 2003 Reported by Mr.

Grassley, Committee on Finance,

without printed report.

* 49 113 Charlotte A. Lane, of West Virginia, to be a

Member of the United States International

Trade Commission for a term expiring

December 16, 2009, vice Dennis M. Devaney.

Mar 5, 2003 Reported by Mr.

Grassley, Committee on Finance,

without printed report.

DEPARTMENT OF ENERGY

* 61 148 Joseph Timothy Kelliher, of the District of

Columbia, to be a Member of the Federal

Energy Regulatory Commission for the term

expiring June 30, 2007, vice Linda Key

Breathitt, term expired.

Mar 12, 2003 Reported by Mr.

Domenici, Committee on Energy

and Natural Resources, without

printed report.

THE JUDICIARY

86 11 Priscilla Richman Owen, of Texas, to be United

States Circuit Judge for the Fifth Circuit, vice

William L. Garwood, retired.

Mar 27, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

DEPARTMENT OF DEFENSE

* 120 264 John Paul Woodley, Jr., of Virginia, to be an

Assistant Secretary of the Army, vice Michael

Parker.

Apr 9, 2003 Reported by Mr. Inhofe,

Committee on Environment and

Public Works, without printed

report.

Mar 27, 2003 Reported by Mr.

Warner, Committee on Armed

Services, without printed report.

THE JUDICIARY

* 132 40 Bruce E. Kasold, of Virginia, to be a Judge of the

United States Court of Appeals for Veterans

Claims for the term prescribed by law, vice a

new position created by Public Law 107-103,

approved December 27, 2001.

Apr 10, 2003 Reported by Mr.

Specter, Committee on Veterans’

Affairs, without printed report.

* Signifies nominee’s commitment to respond to requests to appear and testify before any duly constituted committee of the Senate

NOMINATIONS

CALENDAR

NO.

MESSAGE

NO. NOMINEE, OFFICE, AND PREDECESSOR

REPORTED

BY

3
165 279 J. Leon Holmes, of Arkansas, to be United States

District Judge for the Eastern District of

Arkansas, vice Stephen M. Reasoner, retired.

May 1, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without

recommendation without printed

report.

169 8 Carolyn B. Kuhl, of California, to be United

States Circuit Judge for the Ninth Circuit, vice

James R. Browning, retired.

May 8, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

AFRICAN DEVELOPMENT FOUNDATION

* 199 379 Ephraim Batambuze, of Illinois, to be a Member

of the Board of Directors of the African

Development Foundation for a term expiring

February 9, 2008, vice Henry McKoy, term

expired.

May 21, 2003 Reported by Mr.

Lugar, Committee on Foreign

Relations, without printed report.

* 200 404 John W. Leslie, Jr., of Connecticut, to be a

Member of the Board of Directors of the

African Development Foundation for a term

expiring September 22, 2007, vice Ernest G.

Green, term expired.

May 21, 2003 Reported by Mr.

Lugar, Committee on Foreign

Relations, without printed report.

DEPARTMENT OF JUSTICE

219 131 David B. Rivkin, Jr., of Virginia, to be a Member

of the Foreign Claims Settlement Commission

of the United States for the term expiring

September 30, 2004, vice Laramie Faith

McNamara.

Jun 5, 2003 Reported by Mr. Hatch,

Committee on the Judiciary,

without printed report.

MERIT SYSTEMS PROTECTION BOARD

* 233 102 Susanne T. Marshall, of Virginia, to be Chairman

of the Merit Systems Protection Board, vice

Beth Susan Slavet.

Jun 17, 2003 Reported by Ms.

Collins, Committee on

Governmental Affairs, without

printed report.

* 234 616 Neil McPhie, of Virginia, to be a Member of the

Merit Systems Protection Board for the term of

seven years expiring March 1, 2009, vice Beth

Susan Slavet, term expired, to which position

he was appointed during the last recess of the

Senate.

Jun 17, 2003 Reported by Ms.

Collins, Committee on

Governmental Affairs, without

printed report.

* Signifies nominee’s commitment to respond to requests to appear and testify before any duly constituted committee of the Senate

NOMINATIONS

CALENDAR

NO.

MESSAGE

NO. NOMINEE, OFFICE, AND PREDECESSOR

REPORTED

BY

4
UNITED STATES POSTAL SERVICE

* 235 98 Albert Casey, of Texas, to be a Governor of the

United States Postal Service for a term

expiring December 8, 2009, vice Tirso del

Junco, term expired.

Jun 17, 2003 Reported by Ms.

Collins, Committee on

Governmental Affairs, without

printed report.

* 236 615 James C. Miller III, of Virginia, to be a Governor

of the United States Postal Service for the term

expiring December 8, 2010, vice Einar V.

Dyhrkopp, term expired, to which position he

was appointed during the last recess of the

Senate.

Jun 17, 2003 Reported by Ms.

Collins, Committee on

Governmental Affairs, without

printed report.

DEPARTMENT OF AGRICULTURE

* 237 140 Thomas C. Dorr, of Iowa, to be Under Secretary of

Agriculture for Rural Development, vice Jill L.

Long, resigned.

Jun 18, 2003 Reported by Mr.

Cochran, Committee on

Agriculture, Nutrition, and

Forestry, without printed report.

* 238 141 Thomas C. Dorr, of Iowa, to be a Member of the

Board of Directors of the Commodity Credit

Corporation,vice Jill L. Long, resigned.

Jun 18, 2003 Reported by Mr.

Cochran, Committee on

Agriculture, Nutrition, and

Forestry, without printed report.

DEPARTMENT OF HOMELAND SECURITY

* 299 451 Michael J. Garcia, of New York, to be an

Assistant Secretary of Homeland Security.

(New Position)

Jul 15, 2003 Senate Committee on

the Judiciary discharged by

Unanimous Consent. Agreement

of June 13, 2003.

Jun 17, 2003 Reported by Ms.

Collins, Committee on

Governmental Affairs, without

printed report.

THE JUDICIARY

310 512 William H. Pryor, Jr., of Alabama, to be United

States Circuit Judge for the Eleventh Circuit,

vice Emmett Ripley Cox, retired.

Jul 23, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

DEPARTMENT OF LABOR

* 316 594 Howard Radzely, of Maryland, to be Solicitor for

the Department of Labor, vice Eugene Scalia.

Jul 30, 2003 Reported by Mr. Gregg,

Committee on Health, Education,

Labor, and Pensions, without

printed report.

* Signifies nominee’s commitment to respond to requests to appear and testify before any duly constituted committee of the Senate

NOMINATIONS

CALENDAR

NO.

MESSAGE

NO. NOMINEE, OFFICE, AND PREDECESSOR

REPORTED

BY

5
AIR FORCE

321 602 The following named officer for appointment in

the United States Air Force to the grade

indicated under title 10, U.S.C., section 624:

Jul 30, 2003 Reported by Mr.

Warner, Committee on Armed

Services, without printed report.

to be Brigadier General

Col. Bruce E. Burda, 

FEDERAL ENERGY REGULATORY

COMMISSION

* 362 736 Suedeen G. Kelly, of New Mexico, to be a Member

of Federal Energy Regulatory Commission for

the remainder of the term expiring June 30,

2004, vice Curt Hebert, Jr., resigned.

Sep 17, 2003 Reported by Mr.

Domenici, Committee on Energy

and Natural Resources, without

printed report.

THE JUDICIARY

400 12 Charles W. Pickering, Sr., of Mississippi, to be

United States Circuit Judge for the Fifth

Circuit, vice Henry A. Politz, retired.

Oct 2, 2003 Reported by Mr. Hatch,

Committee on the Judiciary,

without printed report.

402 746 Roger W. Titus, of Maryland, to be United States

District Judge for the District of Maryland,

vice Marvin J. Garbis, retired.

Oct 2, 2003 Reported by Mr. Hatch,

Committee on the Judiciary,

without printed report.

ENVIRONMENTAL PROTECTION AGENCY

* 405 884 Michael O. Leavitt, of Utah, to be Administrator

of the Environmental Protection Agency, vice

Christine Todd Whitman, resigned.

Oct 15, 2003 Reported by Mr.

Inhofe, Committee on

Environment and Public Works,

without printed report.

THE JUDICIARY

410 846 George W. Miller, of Virginia, to be a Judge of the

United States Court of Federal Claims for the

term of fifteen years, vice James T. Turner,

term expired.

Oct 16, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

DEPARTMENT OF JUSTICE

411 765 Deborah Ann Spagnoli, of California, to be a

Commissioner of the United States Parole

Commission for a term of six years, vice John

R. Simpson, term expired.

Oct 16, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

* Signifies nominee’s commitment to respond to requests to appear and testify before any duly constituted committee of the Senate

NOMINATIONS

CALENDAR

NO.

MESSAGE

NO. NOMINEE, OFFICE, AND PREDECESSOR

REPORTED

BY

6
DEPARTMENT OF THE INTERIOR

* 417 935 David Wayne Anderson, of Minnesota, to be an

Assistant Secretary of the Interior, vice Neal

A. McCaleb, resigned.

Oct 22, 2003 Reported by Mr.

Campbell, Committee on Indian

Affairs, without printed report.

ARMY

418 412 The following named officer for appointment in

the United States Army to the grade indicated

while assigned to a position of importance and

responsibility under title 10, U.S.C., section

601:

Oct 23, 2003 Reported by Mr.

Warner, Committee on Armed

Services, without printed report.

to be Lieutenant General

Maj. Gen. Robert T. Clark, 

DEPARTMENT OF TRANSPORTATION

* 419 883 Karan K. Bhatia, of Maryland, to be an Assistant

Secretary of Transportation, vice Read Van de

Water.

Oct 23, 2003 Reported by Mr.

McCain, Committee on

Commerce, Science, and

Transportation, without printed

report.

NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION

* 420 818 Gwendolyn Brown, of Virginia, to be Chief

Financial Officer, National Aeronautics and

Space Administration, vice Arnold Gregory

Holz, resigned.

Oct 23, 2003 Reported by Mr.

McCain, Committee on

Commerce, Science, and

Transportation, without printed

report.

METROPOLITAN WASHINGTON

AIRPORTS AUTHORITY

* 421 530 Charles Darwin Snelling, of Pennsylvania, to be a

Member of the Board of Directors of the

Metropolitan Washington Airports Authority

for the remainder of the term expiring May 30,

2006, vice Norman Y. Mineta.

Oct 23, 2003 Reported by Mr.

McCain, Committee on

Commerce, Science, and

Transportation, without printed

report.

* Signifies nominee’s commitment to respond to requests to appear and testify before any duly constituted committee of the Senate

NOMINATIONS

CALENDAR

NO.

MESSAGE

NO. NOMINEE, OFFICE, AND PREDECESSOR

REPORTED

BY

7
THE JUDICIARY

424 576 Dale S. Fischer, of California, to be United States

District Judge for the Central District of

California, vice a new position created by

Public Law 107-273, approved November 2,

2002.

Oct 23, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

425 544 Gary L. Sharpe, of New York, to be United States

District Judge for the Northern District of New

York, vice Thomas J. McAvoy, retired.

Oct 23, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

* Signifies nominee’s commitment to respond to requests to appear and testify before any duly constituted committee of the Senate

NOMINATIONS

CALENDAR

NO.

MESSAGE

NO. NOMINEE, OFFICE, AND PREDECESSOR

REPORTED

BY

8
NOMINATIONS PLACED ON THE SECRETARY’S DESK

9