SENATE OF THE UNITED STATES

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION { CONVENED JANUARY 7, 2003

SECOND SESSION {

EXECUTIVE CALENDAR

Monday, July 28, 2003

PREPARED UNDER THE DIRECTION OF EMILY J. REYNOLDS,

SECRETARY OF THE SENATE

By Michelle Haynes, Executive Clerk

Issue No. 99
UNANIMOUS CONSENT AGREEMENTS

Earl Leroy Yeakel III (Cal. No. 296)

Kathleen Cardone (Cal. No. 304)

Ordered, That at 5:20 p.m. on Monday, July 28, 2003, the Senate proceed to executive session for the

consideration of Earl Leroy Yeakel III, of Texas, to be United States District Judge for the Western District of Texas.

Ordered further, That there be 5 minutes of debate equally divided between the Senators from Texas (Mrs.

Hutchison and Mr. Cornyn) and 5 minutes for the Senator from Vermont (Mr. Leahy); provided, that following

debate the Senate proceed to vote on the confirmation of the nomination without intervening action or debate.

Ordered further, That immediately following the foregoing vote, the nomination of Kathleen Cardone, of Texas,

to be United States District Judge for the Western District of Texas be confirmed, and the President be immediately

notified of the Senate’s action and the Senate then resume legislative session. (July 24, 25, 2003.)

Priscilla Richman Owen (Cal. No. 86)

Ordered, That relative to the cloture motion presented to end debate on the nomination of Priscilla Richman

Owen, the mandatory quorum under Rule XXII be waived. (July 25, 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. Frist

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

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

NO.

EX.RES

NO. SUBJECT

REPORTED

BY

RESOLUTIONS

1
CALENDAR

NO.

TREATY

DOC. NO. SUBJECT

REPORTED

BY

TREATIES

2
FEDERAL MINE SAFETY AND HEALTH

REVIEW COMMISSION

* 17 81 Stanley C. Suboleski, of Virginia, to be a Member

of the Federal Mine Safety and Health Review

Commission for a term of six years expiring

August 30, 2006, vice Marc Lincoln Marks,

term expired.

Jan 23, 2003 Reported by Mr.

Gregg, Committee on Health,

Education, Labor, and Pensions,

without printed report.

OCCUPATIONAL SAFETY AND HEALTH

REVIEW COMMISSION

* 18 82 W. Scott Railton, of Virginia, to be a Member of

the Occupational Safety and Health Review

Commission for a term expiring April 27, 2007,

vice Gary L. Visscher, term expired.

Jan 23, 2003 Reported by Mr.

Gregg, Committee on Health,

Education, Labor, and Pensions,

without printed report.

THE JUDICIARY

21 6 Miguel A. Estrada, of Virginia, to be United

States Circuit Judge for the District of

Columbia Circuit, vice Patricia M. Wald,

retired.

Jan 30, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

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.

* 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
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.

INTERNATIONAL JOINT COMMISSION,

UNITED STATES AND CANADA

* 147 96 Dennis L. Schornack, of Michigan, to be

Commissioner on the part of the United States

on the International Joint Commission, United

States and Canada, vice Thomas L. Baldini.

Apr 10, 2003 Reported by Mr.

Lugar, Committee on Foreign

Relations, without printed report.

THE JUDICIARY

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.

* 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
FEDERAL MINE SAFETY AND HEALTH

REVIEW COMMISSION

* 175 405 Mary Lucille Jordan, of Maryland, to be a

Member of the Federal Mine Safety and Health

Review Commission for a term of six years

expiring August 30, 2008. (Reappointment)

May 14, 2003 Reported by Mr.

Gregg, Committee on Health,

Education, Labor, and Pensions,

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

5
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 TRANSPORTATION

* 242 440 Annette Sandberg, of Washington, to be

Administrator of the Federal Motor Carrier

Safety Administration, vice Joseph M. Clapp,

resigned.

Jun 19, 2003 Reported by Mr.

McCain, Committee on

Commerce, Science, and

Transportation, without printed

report.

THE JUDICIARY

249 513 Thomas M. Hardiman, of Pennsylvania, to be

United States District Judge for the Western

District of Pennsylvania, vice William L.

Standish, retired.

Jun 26, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

DEPARTMENT OF JUSTICE

250 393 Diane M. Stuart, of Utah, to be Director of the

Violence Against Women Office, Department of

Justice. (New Position)

Jun 26, 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 STATE

* 285 439 Roger Francisco Noriega, of Kansas, to be an

Assistant Secretary of State (Western

Hemisphere Affairs), vice Otto J. Reich.

Jun 26, 2003 Reported by Mr.

Lugar, Committee on Foreign

Relations, without printed report.

THE JUDICIARY

296 583 Earl Leroy Yeakel III, of Texas, to be United

States District Judge for the Western District

of Texas, vice James R. Nowlin, retired.

Jul 10, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

DEPARTMENT OF JUSTICE

297 679 Karen P. Tandy, of Virginia, to be Administrator

of Drug Enforcement, vice Asa Hutchinson.

Jul 10, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, 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 July 13, 2003.

Jun 17, 2003 Reported by Ms.

Collins, Committee on

Governmental Affairs, without

printed report.

THE JUDICIARY

304 573 Kathleen Cardone, of Texas, to be United States

District Judge for the Western District of

Texas, vice a new position created by Public

Law 107-273, approved November 2, 2002.

Jul 17, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

305 574 James I. Cohn, of Florida, to be United States

District Judge for the Southern District of

Florida, vice a new position created by Public

Law 107-273, approved November 2, 2002.

Jul 17, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

306 579 Frank Montalvo, of Texas, to be United States

District Judge for the Western District of

Texas, vice a new position created by Public

Law 107-273, approved November 2, 2002.

Jul 17, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

307 581 Xavier Rodriguez, of Texas, to be United States

District Judge for the Western District of

Texas, vice Edward C. Prado.

Jul 17, 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

7
DEPARTMENT OF JUSTICE

308 704 Jack Landman Goldsmith III, of Virginia, to be

an Assistant Attorney General, vice Jay S.

Bybee, resigned.

Jul 17, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

309 705 Christopher A. Wray, of Georgia, to be an

Assistant Attorney General, vice Michael

Chertoff.

Jul 17, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, 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.

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

* 311 288 Eric S. Dreiband, of Virginia, to be General

Counsel of the Equal Employment Opportunity

Commission for a term of four years, vice

Clifford Gregory Stewart.

Jul 23, 2003 Reported by Mr. Gregg,

Committee on Health, Education,

Labor, and Pensions, without

printed report.

UNITED STATES INSTITUTE OF PEACE

* 312 480 Stephen D. Krasner, of California, to be a

Member of the Board of Directors of the United

States Institute of Peace for a term expiring

January 19, 2005, vice Shibley Telhami.

Jul 23, 2003 Reported by Mr. Gregg,

Committee on Health, Education,

Labor, and Pensions, without

printed report.

* 313 482 Charles Edward Horner, of the District of

Columbia, to be a Member of the Board of

Directors of the United States Institute of

Peace for a term expiring January 19, 2007,

vice Stephen Hadley, term expired.

Jul 23, 2003 Reported by Mr. Gregg,

Committee on Health, Education,

Labor, and Pensions, without

printed report.

THE JUDICIARY

* 314 542 H. Brent McKnight, of North Carolina, to be

United States District Judge for the Western

District of North Carolina, vice a new position

created by Public Law 107-273, approved

November 2, 2002.

Jul 24, 2003 Reported by Mr.

Hatch, Committee on the

Judiciary, without printed report.

315 536 James O. Browning, of New Mexico, to be United

States District Judge for the District of New

Mexico, vice C. LeRoy Hansen, retired.

Jul 24, 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
FOREIGN SERVICE

PN778 Foreign Service nominations (101) beginning James M. Cunningham, and ending Howard M. Krawitz,

which nominations were received by the Senate and appeared in the Congressional Record of June 25, 2003

NOMINATIONS PLACED ON THE SECRETARY’S DESK

9