SENATE OF THE UNITED STATES 

ONE HUNDRED NINTH CONGRESS 

{ CONVENED JANUARY 3, 2005 FIRST SESSION ADJOURNED DECEMBER 22, 2005 

SECOND SESSION { CONVENEDJANUARY3,2006 

EXECUTIVE CALENDAR 

Tuesday, May 23, 2006 

PREPARED UNDER THE DIRECTION OF EMILY J. REYNOLDS, 

SECRETARY OF THE SENATE 

By Michelle Haynes, Executive Clerk 

Issue No. 214 
UNANIMOUS CONSENT AGREEMENT 

(Brett M. Kavanaugh [Cal. No. 632]) 

Ordered, That relative to the cloture motion filed on the nomination of Brett M. Kavanaugh, of Maryland, to 

be United States Circuit Judge for the District of Columbia Circuit, the mandatory quorum under Rule XXII be 

waived. 

(May 22, 2006.) 
1 

RESOLUTIONS 

CALENDAR S.REs 

SUBJECT REPORTED 

No No BY 
2 

TREATIES 

CALENDAR TREATY SUBJECT 

REPORTED 

No Doc No BY 

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. 
3 

NOMINATIONS 

CALENDAR MESSAGE NOMINEE, OFFICE, AND PREDECESSOR REPORTED 

No. No. BY 

THE JUDICIARY 

37 199 William Gerry Myers III, of Idaho, to be United Mar 17, 2005 Reported by Mr. 

States Circuit Judge for the Ninth Circuit, vice Specter, Committee on the 

Thomas G. Nelson, retired. Judiciary, without printed 

report. 

DEFENSE BASE CLOSURE AND 

REALIGNMENT COMMISSION 

* 40 283 Anthony Joseph Principi, of California, to be a Mar 17, 2005 Reported by Mr. 

Member of the Defense Base Closure and Warner, Committee on Armed 

Realignment Commission. (New Position) 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 Apr 13, 2005 Reported by Mr. 

Member of the Board of Trustees of the Morris Inhofe, Committee on 

K. Udall Scholarship and Excellence in Environment and Public 

National Environmental Policy Foundation for Works, without printed report. 

a term expiring October 6, 2008. 

(Reappointment) 

MORRIS K. UDALL SCHOLARSHIP AND 

EXCELLENCE IN NATIONAL 

ENVIRONMENTAL POLICY 

FOUNDATION 

* 63 85 Michael Butler, of Tennessee, to be a Member of Apr 13, 2005 Reported by Mr. 

the Board of Trustees of the Morris K. Udall Inhofe, Committee on 

Scholarship and Excellence in National Environment and Public 

Environmental Policy Foundation for a term Works, without printed report. 

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

term expired. 

THE JUDICIARY 

169 192 Terrence W. Boyle, of North Carolina, to be Jun 16, 2005 Reported by Mr. 

United States Circuit Judge for the Fourth Specter, Committee on the 

Circuit, vice J. Dickson Phillips, Jr., retired. Judiciary, without printed 

report. 

*Signifies nominee's commitment to respond to requests to appear and testify before any duly constituted committee of the Senate 
4 

NOMINATIONS 

CALENDAR MESSAGE REPORTED 

No. No. NOMINEE, OFFICE, AND PREDECESSOR BY 

DEPARTMENT OF JUSTICE 

171 358 Alice S. Fisher, ofVirginia, to be an Assistant Jun 16, 2005 Reported by Mr. 

Attorney General, vice Christopher R. Wray. Specter, Committee on the 

Judiciary, without printed 

report. 

DEPARTMENT OF DEFENSE 

* 252 70 Peter Cyril Wyche Flory, of Virginia, to be an Jul 28, 2005 Reported by Mr. 

Assistant Secretary of Defense, vice Jack Dyer Warner, Committee on Armed 

Crouch, II. Services, without printed 

report. 

EXECUTIVE OFFICE OF THE PRESIDENT 

* 376 763 Bertha K. Madras, of Massachusetts, to be Oct 19, 2005 Reported by Mr. 

Deputy Director for Demand Reduction, Office Enzi, Committee on Health, 

of National Drug Control Policy, vice Andrea G. Education, Labor, and 

Barth well. Pensions, without printed 

report. 

DEPARTMENT OF STATE 

* 390 756 C. Boyden Gray, of the District of Columbia, to be Oct 25, 2005 Reported by Mr. 

Representative of the United States of America Lugar, Committee on Foreign 

to the European Union, with the rank and Relations, without printed 

status of Ambassador Extraordinary and report. 

Plenipotentiary. 

DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD 

407 674 A. J. Eggenberger, of Montana, to be a Member of Oct 27, 2005 Reported by Mr. 

the Defense Nuclear Facilities Safety Board for Warner, Committee on Armed 

a term expiring October 18, 2008. Services, without printed 

(Reappointment) report. 

DEPARTMENT OF HOMELAND SECURITY 

* 439 683 Julie L. Myers, of Kansas, to be an Assistant Nov 07, 2005 Senate Committee 

Secretary of Homeland Security, vice Michael J. on the Judiciary discharged by 

Garcia. Unanimous Consent 

Agreement of 10-7-05. 

Oct 07, 2005 Reported by Ms. 

Collins, Committee on 

Homeland Security and 

Governmental Mfairs, without 

printed report. 

* Signifies nominee's commitment to respond to requests to appear and testify before any duly constituted committee of the Senate 
5 

NOMINATIONS 

CALENDAR MESSAGE NOMINEE, OFFICE, AND PREDECESSOR REPORTED 

No. No BY 

DEPARTMENT OF ENERGY 

*443 840 Edward F. Sproat III, of Pennsylvania, to be Nov 16,2005 Reported by Mr. 

Director of the Office of Civilian Radioactive Domenici, Committee on 

Waste Management, Department of Energy, Energy and Natural Resources, 

vice Margaret S. Y. Chu, resigned. without printed report. 

NATIONAL SECURITY EDUCATION 

BOARD 

*484 73 Andrew J. McKenna, Jr., of Illinois, to be a Dec 19, 2005 Reported by Mr. 

Member of the National Security Education Warner, Committee on Armed 

Board for a term of four years, vice Robert N. Services, without printed 

Shamansky, term expired. report. 

DEPARTMENT OF LABOR 

* 553 876 Richard Stickler, of West Virginia, to be Mar 08, 2006 Reported by Mr. 

Assistant Secretary of Labor for Mine Safety Enzi, Committee on Health, 

and Health, vice David D. Lauriski, resigned. 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 Mar 08,2006 Reported by Mr. 

Member of the Federal Mine Safety and Health Enzi, Committee on Health, 

Review Commission for a term expiring August Education, Labor, and 

30, 2010, vice Robert H. Beatty, Jr., term Pensions, without printed 

expired. report. 

DEPARTMENT OF THE INTERIOR 

* 572 1089 David Longly Bernhardt, of Colorado, to be Mar 15, 2006 Reported by Mr. 

Solicitor of the Department of the Interior, vice Domenici, Committee on 

Sue Ellen Wooldridge. Energy and Natural Resources, 

without printed report. 

DEPARTMENT OF ENERGY 

* 573 1093 Raymond L. Orbach, of California, to be Under Mar 15, 2006 Reported by Mr. 

Secretary for Science, Department of Energy. Domenici, Committee on 

(New Position) 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 
6 

NOMINATIONS 

CALENDAR MESSAGE REPORTED 

No. No. NOMINEE, OFFICE, AND PREDECESSOR BY 

DEPARTMENT OF TRANSPORTATION 

* 590 1162 Roger Shane Karr, of the District of Columbia, to Mar 16,2006 Reported by Mr. 

be an Assistant Secretary of Transportation, Stevens, Committee on 

vice Nicole R. Nason. Commerce, Science, and 

Transportation, without 

printed report. 

* 591 1163 Tyler D. Duvall, of Virginia, to be an Assistant Mar 16, 2006 Reported by Mr. 

Secretary of Transportation, vice Emil H. Stevens, Committee on 

Frankel. Commerce, Science, and 

Transportation, without 

printed report. 

* 592 1165 Nicole R. Nason, of Virginia, to be Administrator Mar 16, 2006 Reported by Mr. 

of the National Highway Traffic Safety Stevens, Committee on 

Administration, vice Jeffrey William Runge. Commerce, Science, and 

Transportation, without 

printed report. 

* 593 1178 Thomas J. Barrett, of Alaska, to be Mar 16, 2006 Reported by Mr. 

Administrator of the Pipeline and Hazardous Stevens, Committee on 

Materials Safety Administration, Department Commerce, Science, and 

of Transportation. (New Position) Transportation, without 

printed report. 

FEDERAL COMMUNICATIONS 

COMMISSION 

* 595 1278 Robert M. McDowell, of Virginia, to be a Member Mar 16, 2006 Reported by Mr. 

of the Federal Communications Commission for Stevens, Committee on 

a term of five years from July 1, 2004, vice Commerce, Science, and 

Kathleen Q. Abernathy, resigned. Transportation, without 

printed report. 

ENVIRONMENTAL PROTECTION AGENCY 

* 613 1166 James B. Gulliford, of Missouri, to be Assistant Apr 26, 2006 Reported by Mr. 

Administrator for Toxic Substances of the Inhofe, Committee on 

Environmental Protection Agency, vice Stephen Environment and Public 

L. Johnson, resigned. Works, without printed report. 

* 614 1347 William Ludwig Wehrum, Jr., of Tennessee, to be Apr 26, 2006 Reported by Mr. 

an Assistant Administrator of the Inhofe, Committee on 

Environmental Protection Agency, vice Jeffrey Environment and Public 

R. Holmstead, resigned. Works, without printed report. 

*Signifies nominee's commitment to respond to requests to appear and testify before any duly constituted committee of the Senate 
7 

NOMINATIONS 

CALENDAR MESSAGE NOMINEE, OFFICE, AND PREDECESSOR REPORTED 

No. No. BY 

DEPARTMENT OF TRANSPORTATION 

* 615 1374 Richard Capka, of Pennsylvania, to be Apr 26, 2006 Reported by Mr. 

Administrator of the Federal Highway Inhofe, Committee on 

Administration, vice Mary E. Peters, resigned. Environment and Public 

Works, without printed report. 

DEPARTMENT OF VETERANS AFFAIRS 

* 621 1424 DanielL. Cooper, of Pennsylvania, to be Under Apr 27, 2006 Reported by Mr. 

Secretary for Benefits of the Department of Craig, Committee on Veterans' 

Veterans Affairs for a term of four years. Affairs, without printed report. 

(Reappointment) 

POSTAL RATE COMMISSION 

*622 1039 Mark D. Acton, of Kentucky, to be a May 02, 2006 Reported by Ms. 

Commissioner of the Postal Rate Commission Collins, Committee on 

for a term expiring October 14, 2010, vice Dana Homeland Security and 

Bruce Covington, Sr., term expired. Governmental Mfairs, without 

printed report. 

THE JUDICIARY 

624 1135 Norman Randy Smith, of Idaho, to be United May 04, 2006 Reported by Mr. 

States Circuit Judge for the Ninth Circuit, vice Specter, Committee on the 

Stephen S. Trott, retired. Judiciary, without printed 

report. 

626 1182 Renee Marie Bumb, of New Jersey, to be United May 04, 2006 Reported by Mr. 

States District Judge for the District of New Specter, Committee on the 

Jersey, vice William H. Walls, retired. Judiciary, without printed 

report. 

627 1186 Noel Lawrence Hillman, of New Jersey, to be May 04, 2006 Reported by Mr. 

United States District Judge for the District of Specter, Committee on the 

New Jersey, vice William G. Bassler, retired. Judiciary, without printed 

report. 

628 210 Peter G. Sheridan, of New Jersey, to be United May 04, 2006 Reported by Mr. 

States District Judge for the District of New Specter, Committee on the 

Jersey, vice Stephen M. Orlofsky, resigned. Judiciary, without printed 

report. 

629 1188 Susan Davis Wigenton, of New Jersey, to be May 04, 2006 Reported by Mr. 

United States District Judge for the District of Specter, Committee on the 

New Jersey, vice John W. Bissell, retired. Judiciary, without printed 

report. 

* Signifies nominee's commitment to respond to requests to appear and testify before any duly constituted committee of the Senate 
8 

NOMINATIONS 

CALENDAR MESSAGE REPORTED 

No. No. NOMINEE, OFFICE, AND PREDECESSOR BY 

DEPARTMENT OF THE INTERIOR 

* 630 1446 Dirk Kempthorne, ofldaho, to be Secretary of the May 10, 2006 Reported by Mr. 

Interior, vice Gale Ann Norton, resigned. Domenici, Committee on 

Energy and Natural Resources, 

without printed report. 

THE JUDICIARY 

632 1179 Brett M. Kavanaugh, of Maryland, to be United May 11, 2006 Reported by Mr. 

States Circuit Judge for the District of Specter, Committee on the 

Columbia Circuit, vice Laurence H. Silberman, Judiciary, without printed 

retired. report. 

633 206 Thomas L. Ludington, of Michigan, to be United May 11, 2006 Reported by Mr. 

States District Judge for the Eastern District of Specter, Committee on the 

Michigan, vice Paul V. Gadola, retired. Judiciary, without printed 

report. 

634 207 Sean F. Cox, of Michigan, to be United States May 11, 2006 Reported by Mr. 

District Judge for the Eastern District of Specter, Committee on the 

Michigan, vice Lawrence P. Zatkoff, retired. Judiciary, without printed 

report. 

DEPARTMENT OF HOMELAND SECURITY 

* 640 1228 W. Ralph Basham, of Virginia, to be May 18, 2006 Reported by Mr. 

Commissioner of Customs, Department of Grassley, Committee on 

Homeland Security, vice Robert C. Bonner, Finance, without printed 

resigned. report. 

[NEW REPORTS] 

EXECUTIVE OFFICE OF THE PRESIDENT 

* 663 1529 Susan C. Schwab, ofMaryland, to be United May 22, 2006 Reported by Mr. 

States Trade Representative, with the rank of Grassley, Committee on 

Ambassador Extraordinary and Finance, without printed 

Plenipotentiary, vice Robert J. Portman. report. 

DEPARTMENT OF HOMELAND SECURITY 

* 664 1176 David L. Norquist, of Virginia, to be Chief May 22, 2006 Reported by Ms. 

Financial Officer, Department of Homeland Collins, Committee on 

Security, vice Andrew B. Maner. Homeland Security and 

Governmental Mfairs, without 

printed report. 

* Signifies nominee's commitment to respond to requests to appear and testify before any duly constituted committee of the Senate 
9 

NOMINATIONS 

CALENDAR MESSAGE NOMINEE, OFFICE, AND PREDECESSOR REPORTED 

No No BY 

OFFICE OF PERSONNEL MANAGEMENT 

* 665 1323 Robert Irwin Cusick, Jr., of Kentucky, to be May 22, 2006 Reported by Ms. 

Director of the Office of Government Ethics for Collins, Committee on 

a term of five years, vice Amy L. Comstock, Homeland Security and 

resigned. Governmental Affairs, without 

printed report. 

* &gnifies nominee's commitment to respond to requests to appear and test~fy before any duly constituted committee of the Senate 
10 

NOMINATIONS PLACED ON THE SECRETARY'S DESK