UNANIMOUS CONSENT AGREEMENT

(Timothy C. Batten, Sr. [No. 517]) 

(Thomas E. Johnston [No. 518]) 

(Aida M. Delgado-Colon [No. 519]) 

Ordered, That at 5 p.m. on Monday, March 6, 2006, the Senate proceed to executive session for the 

consideration en block of the following nominations on the Executive Calendar: 

The Judiciary 

 Timothy C. Batten, Sr., of Georgia, to be United States District Judge for the Northern District of Georgia; 

 Thomas E. Johnston, of West Virginia, to be United States District Judge for the Southern District of West 

Virginia; and 

 Aida M. Delgado-Colon, of Puerto Rico, to be United States District Judge for the District of Puerto Rico. 

Ordered further, That the following Senators be allocated 5 minutes each in relation to the above listed 

nominations: The Senators from Georgia, Mr. Saxby Chambliss and Mr. Johnny Isakson; the Senators from West 

Virginia, Mr. Robert C. Byrd and Mr. John D. Rockefeller IV; and The Chairman of the Committee on the Judiciary, 

Mr. Hatch, and The Ranking Member of the Committee on the Judiciary, Mr. Leahy. 

Ordered further, That at 5:30 p.m., the Senate proceed to consecutive votes on the confirmation of the 

nominations in the order listed, with no intervening action or debate; provided further, that following those votes 

the President be immediately notified of the Senate's actions, and the Senate then resume legislative session. 

(March 2, 2006.)
RESOLUTIONS

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S. RES. 

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SUBJECT 

REPORTED 

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TREATIES

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TREATY

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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. 
* 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 

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. 

EXECUTIVE OFFICE OF THE PRESIDENT 

* 239 608 Benjamin A. Powell, of Florida, to be General 

Counsel of the Office of the Director of National 

Intelligence. (New Position) 

Jul 26, 2005 Reported by Mr. 

Roberts, Committee on 

Intelligence, 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. 

* 310 413 Gordon England, of Texas, to be Deputy 

Secretary of Defense, vice Paul D. Wolfowitz. 

Jul 29, 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. 
* 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

COAST GUARD 

428 1007 The following named officers for appointment in 

the United States Coast Guard to the grade 

indicated under Title 14, U.S.C., Section 271: 

Nov 02, 2005 Reported by Mr. 

Stevens, Committee on 

Commerce, Science, and 

Transportation, without 

printed report. 

to be Rear Admiral 

 Rear Adm. (lh) Jody A. Breckenridge, 

 Rear Adm. (lh) Arthur E. Brooks, 

 Rear Adm. (lh) John E. Crowley, 

 Rear Adm. (lh) Richard R. Houck, 

 Rear Adm. (lh) Richard R. Kelly, 

 Rear Adm. (lh) David P. Pekoske, 

 Rear Adm. (lh) Fred M. Rosa, 

 Rear Adm. (lh) Timothy S. Sullivan, 

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. 

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. 
* 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 DEFENSE 

* 485 922 Dorrance Smith, of Virginia, to be an Assistant 

Secretary of Defense, vice Victoria Clarke. 

Dec 19, 2005 Reported by Mr. 

Warner, Committee on Armed 

Services, without printed 

report. 

TENNESSEE VALLEY AUTHORITY 

* 511 1084 Dennis Bottorff, of Tennessee, to be a Member of 

the Board of Directors of the Tennessee Valley 

Authority for a term expiring May 18, 2011. 

(New Position) 

Feb 15, 2006 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, without printed report. 

* 512 1085 Robert M. Duncan, of Kentucky, to be a Member 

of the Board of Directors of the Tennessee 

Valley Authority for a term expiring May 18, 

2011. (New Position) 

Feb 15, 2006 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, without printed report. 

* 513 1086 William B. Sansom, of Tennessee, to be a 

Member of the Board of Directors of the 

Tennessee Valley Authority for a term expiring 

May 18, 2009. (New Position) 

Feb 15, 2006 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, without printed report. 

* 514 1153 Susan Richardson Williams, of Tennessee, to be a 

Member of the Board of Directors of the 

Tennessee Valley Authority for a term expiring 

May 18, 2007. (New Position) 

Feb 15, 2006 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, without printed report. 

* 515 1154 Donald R. DePriest, of Mississippi, to be a 

Member of the Board of Directors of the 

Tennessee Valley Authority for a term expiring 

May 18, 2009. (New Position) 

Feb 15, 2006 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, without printed report. 

* 516 1155 Howard A. Thrailkill, of Alabama, to be a 

Member of the Board of Directors of the 

Tennessee Valley Authority for the term 

prescribed by law, vice Glenn L. McCullough, 

Jr., resigned. 

Feb 15, 2006 Reported by Mr. 

Inhofe, Committee on 

Environment and Public 

Works, without printed report. 

THE JUDICIARY 

517 938 Timothy C. Batten, Sr., of Georgia, to be United 

States District Judge for the Northern District 

of Georgia, vice Willis B. Hunt, Jr., retired. 

Feb 16, 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

7

518 940 Thomas E. Johnston, of West Virginia, to be 

United States District Judge for the Southern 

District of West Virginia, vice Charles H. 

Haden, II, deceased. 

Feb 16, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

519 1006 Aida M. Delgado-Colon, of Puerto Rico, to be 

United States District Judge for the District of 

Puerto Rico, vice Salvador E. Casellas, retired. 

Feb 16, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

520 1060 Leo Maury Gordon, of New Jersey, to be a Judge 

of the United States Court of International 

Trade, vice Thomas J. Aquilino, retired. 

Feb 16, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

DEPARTMENT OF JUSTICE 

523 1055 Paul J. McNulty, of Virginia, to be Deputy 

Attorney General, vice James B. Comey, 

resigned. 

Feb 16, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

 [NEW REPORTS] 

THE JUDICIARY 

547 1117 Jack Zouhary, of Ohio, to be United States 

District Judge for the Northern District of Ohio, 

vice David A. Katz, retired. 

Mar 02, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

548 1133 Stephen G. Larson, of California, to be United 

States District Judge for the Central District of 

California, vice Robert J. Timlin, retired. 

Mar 02, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report. 

DEPARTMENT OF JUSTICE 

549 1134 Terrance P. Flynn, of New York, to be United 

States Attorney for the Western District of New 

York for the term of four years, vice Michael A. 

Battle, resigned. 

Mar 02, 2006 Reported by Mr. 

Specter, Committee on the 

Judiciary, without printed 

report.