SENATE OF THE UNITED STATES 

EXECUTIVE CALENDAR 

PREPARED UNDER THE DIRECTION OF EMILY J. REYNOLDS, 

SECRETARY OF THE SENATE

By Michelle Haynes, Executive Clerk

ONE HUNDRED NINTH CONGRESS 

Tuesday, May 16, 2006

FIRST SESSION {

SECOND SESSION {

Issue No. 209

CONVENED JANUARY 3, 2005

ADJOURNED DECEMBER 22, 2005

CONVENED JANUARY 3, 2006
UNANIMOUS CONSENT AGREEMENT 

(Milan D. Smith, Jr. [Cal. No. 625]) 

Ordered, That at 9:45 a.m. on Tuesday, May 16, 2006, the Senate proceed to executive session for the 

consideration of the nomination of Milan D. Smith, Jr., of California, to be United States Circuit Judge for the Ninth 

Circuit; Provided further, that prior to the vote there be 15 minutes for debate equally divided between the 

Chairman, Ranking Member of the Committee on the Judiciary and the Senator from Oregon (Mr. Smith) and that 

at the expiration or yielding back of time the Senate proceed to a vote on the confirmation of the nomination with no 

intervening action or debate; Provided further, that following the vote the President be immediately notified of the 

Senate's action and the Senate then resume legislative session. 

(May 11, 15, 2006.) 
RESOLUTIONS

CALENDAR 

NO.

S. RES. 

NO.

SUBJECT REPORTED 

BY

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TREATIES

CALENDAR 

NO.

TREATY

DOC. NO.

SUBJECT REPORTED 

BY

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5 108-11 Council of Europe Convention on Cybercrime Nov 09, 2005 Reported by Mr. 

Lugar, Committee on Foreign 

Relations with printed Ex. 

Rept.109-6 and a resolution of 

advice and consent to 

ratification with 6 reservations 

and 5 declarations. 

13 108-27 Mutual Legal Assistance Treaty with Germany Apr 06, 2006 Reported favorably 

by Mr. Lugar, Committee on 

Foreign Relations with printed 

Ex. Rept.109-14 and a 

resolution of advice and 

consent to ratification. 
* 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

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THE JUDICIARY 

37 199 William Gerry Myers III, of Idaho, to be United 

States Circuit Judge for the Ninth Circuit, vice 

Thomas G. Nelson, retired. 

Mar 17, 2005 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

DEFENSE BASE CLOSURE AND 

REALIGNMENT COMMISSION 

* 40 283 Anthony Joseph Principi, of California, to be a 

Member of the Defense Base Closure and 

Realignment Commission. (New Position) 

Mar 17, 2005 Reported by Mr. 

Warner, Committee on Armed 

Services, without printed 

report. 

MORRIS K. UDALL SCHOLORSHIP AND 

EXCELLENCE IN NATIONAL 

ENVIRONMENTAL POLICY 

FOUNDATION 

* 62 84 D. Michael Rappoport, of Arizona, to be a 

Member of the Board of Trustees of the Morris 

K. Udall Scholarship and Excellence in 

National Environmental Policy Foundation for 

a term expiring October 6, 2008. 

(Reappointment) 

Apr 13, 2005 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, without printed report. 

MORRIS K. UDALL SCHOLARSHIP AND 

EXCELLENCE IN NATIONAL 

ENVIRONMENTAL POLICY 

FOUNDATION 

* 63 85 Michael Butler, of Tennessee, to be a Member of 

the Board of Trustees of the Morris K. Udall 

Scholarship and Excellence in National 

Environmental Policy Foundation for a term 

expiring October 6, 2008, vice Eric D. Eberhard, 

term expired. 

Apr 13, 2005 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, without printed report. 

THE JUDICIARY 

169 192 Terrence W. Boyle, of North Carolina, to be 

United States Circuit Judge for the Fourth 

Circuit, vice J. Dickson Phillips, Jr., retired. 

Jun 16, 2005 Reported by Mr. 

Specter, 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

DEPARTMENT OF JUSTICE 

171 358 Alice S. Fisher, of Virginia, to be an Assistant 

Attorney General, vice Christopher R. Wray. 

Jun 16, 2005 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

DEPARTMENT OF DEFENSE 

* 252 70 Peter Cyril Wyche Flory, of Virginia, to be an 

Assistant Secretary of Defense, vice Jack Dyer 

Crouch, II. 

Jul 28, 2005 Reported by Mr. 

Warner, Committee on Armed 

Services, without printed 

report. 

EXECUTIVE OFFICE OF THE PRESIDENT 

* 376 763 Bertha K. Madras, of Massachusetts, to be 

Deputy Director for Demand Reduction, Office 

of National Drug Control Policy, vice Andrea G. 

Barthwell. 

Oct 19, 2005 Reported by Mr. 

Enzi, Committee on Health, 

Education, Labor, and 

Pensions, without printed 

report. 

DEPARTMENT OF STATE 

* 390 756 C. Boyden Gray, of the District of Columbia, to be 

Representative of the United States of America 

to the European Union, with the rank and 

status of Ambassador Extraordinary and 

Plenipotentiary. 

Oct 25, 2005 Reported by Mr. 

Lugar, Committee on Foreign 

Relations, without printed 

report. 

DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD 

407 674 A. J. Eggenberger, of Montana, to be a Member of 

the Defense Nuclear Facilities Safety Board for 

a term expiring October 18, 2008. 

(Reappointment) 

Oct 27, 2005 Reported by Mr. 

Warner, Committee on Armed 

Services, without printed 

report. 

DEPARTMENT OF HOMELAND SECURITY 

* 439 683 Julie L. Myers, of Kansas, to be an Assistant 

Secretary of Homeland Security, vice Michael J. 

Garcia. 

Nov 07, 2005 Senate Committee 

on the Judiciary discharged by 

Unanimous Consent 

Agreement of 10-7-05. 

 Oct 07, 2005 Reported by Ms. 

Collins, Committee on 

Homeland Security and 

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

DEPARTMENT OF ENERGY 

* 443 840 Edward F. Sproat III, of Pennsylvania, to be 

Director of the Office of Civilian Radioactive 

Waste Management, Department of Energy, 

vice Margaret S. Y. Chu, resigned. 

Nov 16, 2005 Reported by Mr. 

Domenici, Committee on 

Energy and Natural Resources, 

without printed report. 

NATIONAL SECURITY EDUCATION 

BOARD 

* 484 73 Andrew J. McKenna, Jr., of Illinois, to be a 

Member of the National Security Education 

Board for a term of four years, vice Robert N. 

Shamansky, term expired. 

Dec 19, 2005 Reported by Mr. 

Warner, Committee on Armed 

Services, without printed 

report. 

DEPARTMENT OF LABOR 

* 553 876 Richard Stickler, of West Virginia, to be 

Assistant Secretary of Labor for Mine Safety 

and Health, vice David D. Lauriski, resigned. 

Mar 08, 2006 Reported by Mr. 

Enzi, Committee on Health, 

Education, Labor, and 

Pensions, without printed 

report. 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

* 556 531 Arlene Holen, of the District of Columbia, to be a 

Member of the Federal Mine Safety and Health 

Review Commission for a term expiring August 

30, 2010, vice Robert H. Beatty, Jr., term 

expired. 

Mar 08, 2006 Reported by Mr. 

Enzi, Committee on Health, 

Education, Labor, and 

Pensions, without printed 

report. 

DEPARTMENT OF THE INTERIOR 

* 572 1089 David Longly Bernhardt, of Colorado, to be 

Solicitor of the Department of the Interior, vice 

Sue Ellen Wooldridge. 

Mar 15, 2006 Reported by Mr. 

Domenici, Committee on 

Energy and Natural Resources, 

without printed report. 

DEPARTMENT OF ENERGY 

* 573 1093 Raymond L. Orbach, of California, to be Under 

Secretary for Science, Department of Energy. 

(New Position) 

Mar 15, 2006 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

6

DEPARTMENT OF TRANSPORTATION 

* 590 1162 Roger Shane Karr, of the District of Columbia, to 

be an Assistant Secretary of Transportation, 

vice Nicole R. Nason. 

Mar 16, 2006 Reported by Mr. 

Stevens, Committee on 

Commerce, Science, and 

Transportation, without 

printed report. 

* 591 1163 Tyler D. Duvall, of Virginia, to be an Assistant 

Secretary of Transportation, vice Emil H. 

Frankel. 

Mar 16, 2006 Reported by Mr. 

Stevens, Committee on 

Commerce, Science, and 

Transportation, without 

printed report. 

* 592 1165 Nicole R. Nason, of Virginia, to be Administrator 

of the National Highway Traffic Safety 

Administration, vice Jeffrey William Runge. 

Mar 16, 2006 Reported by Mr. 

Stevens, Committee on 

Commerce, Science, and 

Transportation, without 

printed report. 

* 593 1178 Thomas J. Barrett, of Alaska, to be 

Administrator of the Pipeline and Hazardous 

Materials Safety Administration, Department 

of Transportation. (New Position) 

Mar 16, 2006 Reported by Mr. 

Stevens, Committee on 

Commerce, Science, and 

Transportation, without 

printed report. 

FEDERAL COMMUNICATIONS 

COMMISSION 

* 595 1278 Robert M. McDowell, of Virginia, to be a Member 

of the Federal Communications Commission for 

a term of five years from July 1, 2004, vice 

Kathleen Q. Abernathy, resigned. 

Mar 16, 2006 Reported by Mr. 

Stevens, Committee on 

Commerce, Science, and 

Transportation, without 

printed report. 

ENVIRONMENTAL PROTECTION AGENCY 

* 613 1166 James B. Gulliford, of Missouri, to be Assistant 

Administrator for Toxic Substances of the 

Environmental Protection Agency, vice Stephen 

L. Johnson, resigned. 

Apr 26, 2006 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, without printed report. 

* 614 1347 William Ludwig Wehrum, Jr., of Tennessee, to be 

an Assistant Administrator of the 

Environmental Protection Agency, vice Jeffrey 

R. Holmstead, resigned. 

Apr 26, 2006 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, 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 TRANSPORTATION 

* 615 1374 Richard Capka, of Pennsylvania, to be 

Administrator of the Federal Highway 

Administration, vice Mary E. Peters, resigned. 

Apr 26, 2006 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, without printed report. 

DEPARTMENT OF VETERANS AFFAIRS 

* 621 1424 Daniel L. Cooper, of Pennsylvania, to be Under 

Secretary for Benefits of the Department of 

Veterans Affairs for a term of four years. 

(Reappointment) 

Apr 27, 2006 Reported by Mr. 

Craig, Committee on Veterans' 

Affairs, without printed report. 

POSTAL RATE COMMISSION 

* 622 1039 Mark D. Acton, of Kentucky, to be a 

Commissioner of the Postal Rate Commission 

for a term expiring October 14, 2010, vice Dana 

Bruce Covington, Sr., term expired. 

May 02, 2006 Reported by Ms. 

Collins, Committee on 

Homeland Security and 

Governmental Affairs, without 

printed report. 

THE JUDICIARY 

624 1135 Norman Randy Smith, of Idaho, to be United 

States Circuit Judge for the Ninth Circuit, vice 

Stephen S. Trott, retired. 

May 04, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

625 1327 Milan D. Smith, Jr., of California, to be United 

States Circuit Judge for the Ninth Circuit, vice 

A. Wallace Tashima, retired. 

May 04, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

626 1182 Renee Marie Bumb, of New Jersey, to be United 

States District Judge for the District of New 

Jersey, vice William H. Walls, retired. 

May 04, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

627 1186 Noel Lawrence Hillman, of New Jersey, to be 

United States District Judge for the District of 

New Jersey, vice William G. Bassler, retired. 

May 04, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

628 210 Peter G. Sheridan, of New Jersey, to be United 

States District Judge for the District of New 

Jersey, vice Stephen M. Orlofsky, resigned. 

May 04, 2006 Reported by Mr. 

Specter, 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

629 1188 Susan Davis Wigenton, of New Jersey, to be 

United States District Judge for the District of 

New Jersey, vice John W. Bissell, retired. 

May 04, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

DEPARTMENT OF THE INTERIOR 

* 630 1446 Dirk Kempthorne, of Idaho, to be Secretary of the 

Interior, vice Gale Ann Norton, resigned. 

May 10, 2006 Reported by Mr. 

Domenici, Committee on 

Energy and Natural Resources, 

without printed report. 

DEPARTMENT OF STATE 

631 1361 George McDade Staples, of Kentucky, a Career 

Member of the Senior Foreign Service, Class of 

Minister-Counselor, to be Director General of 

the Foreign Service, vice W. Robert Pearson, 

resigned. 

May 10, 2006 Senate Committee 

on Foreign Relations 

discharged by Unanimous 

Consent and placed on the 

Executive Calendar. 

THE JUDICIARY 

632 1179 Brett M. Kavanaugh, of Maryland, to be United 

States Circuit Judge for the District of 

Columbia Circuit, vice Laurence H. Silberman, 

retired. 

May 11, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

633 206 Thomas L. Ludington, of Michigan, to be United 

States District Judge for the Eastern District of 

Michigan, vice Paul V. Gadola, retired. 

May 11, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

634 207 Sean F. Cox, of Michigan, to be United States 

District Judge for the Eastern District of 

Michigan, vice Lawrence P. Zatkoff, retired. 

May 11, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 
NOMINATIONS PLACED ON THE SECRETARY’S DESK

9