Amicus Curiae Brief — Federal Election Com'n v. Wisconsin Right to Life, Inc.

Nos. 06-969 & 06-970

IN THI

Supreme Court of the United States

FEDERAL ELECTION COMMISSION, ,

Appellant,

-

WISCONSIN RIGHT TO LIFE, Ippellee

SENATOR JOHN MCCAIN, ET AL...

\.

WISCONSIN RIGHT TO LIFE,

ippellant.,

pp Hee

On Appeals trom the United States District Court

for the District of Columbia

BRIEF AMICTCURIAE OF

THE AMERICAN CENTER FOR LAW AND JUSTICE

AND OF FOCUS ON THE FAMILY

IN SUPPORT OF APPELLEE

STEPHEN WL REED JAY ALAN SERULOW

RiPD& BROWN. LEP Counsel of Record

35 North Lake Avenue STUART J. Rot

Suite 960 JAMES M. HENDERSON, SR.

Pasadena. Calitornia 9L101 AMPERICANCENTEREOR LAW

(626) 449-4521 & JEST

Counsel for Focus on the 20) Maryland Avenue. N.b.

hamil Washington, DC 20002

(202) 546-8890

Cowrsel for the American

Comer for Law and Justice

TABLE OF CONTENTS

Page

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I. The Prohibition of Genuine Issue Advertisements by

Grassroots Lobbying Groups During the Period Prior to

Primaries and General Elections Directly Affronts the

Right of the People to Petition for a Redress of Grievances

A. The Right to Petition for a Redress of Grievances .. 4

1. The English Antecedents to the Right to Petition for

ID Wikc cncacvdecccecdeueds 4

2. The American Experience ............... Rais 8

B. ToSurvive Constitutional Scrutiny, the Prohibition on

Issue Advertisements by Grassroots Lobbying

Orgahizations must Be Limited by an Appropriately

Crafted Rule Leaving Unabridged Those Genuine

Issue Advertisements That Are Protected by the

Right of the People to Petition for Redress of

EEE LRA PEE Re Os Pt Id a a ll

1. The Noerr-Pennington Doctrine: Drawing Limits to

Antitrust Law from the First Amendment ........ 1]

2.The Noerr-Pennington Doctrine Reflects the

Constitutional Right of the People to Petition under

ee SID os oko Sh ccndcndeneesios dese 14

II. Significant Acts of Legislative or Executive Power

During the Blackout Period Are Shielded from

Critical Analysis and from Calls for Redress ....... 19

EE Sb st bb 40 eetcntancenchescudewuns ohancs 24

il

TABLE OF CONTENTS—cont’d

Page

Appendices

Appendix A: Actions of the President of the United States

During the Sixty Days Prior to the General Election

ac ceeGhtiheebecnene een Appdx. A-1

Appendix B: Floor Votes in the House of Representatives

and the Senate During the Sixty Days Prior to the

General Election 2004 and 2006 ........ Appdx. B-1

Appendix C: Committee Hearings of the House

of Representatives and the Senate During the Sixty

Day Period Prior to the General Election 2004 and 2006

cod bardin hd usdeas hens arenuesaehess Appdx. C-1]

Appendix D: Committee Reports of the House of

Representatives and the Senate Issued During the Sixty

Day Period Prior to the General Election 2004 and 2006

EPR SEAE CE A RNA Re Pe ET EY OE re Appdx. D-1

Appendix E: Issues Discussed on the Floor of the House

of Representatives and the Senate During

the Sixty Days Prior to the General Election 2004 and

PE kb o4eeeb4nsusssddetesaseueasus Appdx. E-1

ill

TABLE OF AUTHORITIES

Page

Cases |

Allied ube & Conduit Corp. v. Indian Head, Anc.,

486 U.S. 492 SE eden d 3466 kGN ceudkinsaaeds 11

BE & | Construction Company v. NLRB, 536 U.S. 516

CE eee t See Ce Rihee boots ee ree 6 17-18

California Motor Transport Co. v. Trucking Unlimited,

Se a IPTED 6 ii ee ncicvebencdpeaees 11, passim

City of Columbia v. Omni Outdoor Advertising, Inc.,

oo | eer errr: & 11, passim

Eastern Railroad Presidents Conference v. Noerr Motor

- Freight, Inc., 365 U.S. 127 (1961) .......... 11, passim

FEC v. McConnell, 540 U.S. 93 (2003) ................ l

Parker v. Brown, 317 U.S. 341 (1943) ............... 11

Professional Real Estate Investors, Inc. v. Columbia Pictures

Industries, Inc. _ CFS ere re 16-17

United Mine Workers of America -v. Pennington,

TD 6 5a a Eh oe Ge Betas 3 hs 11, passim

United States v. Cruikshank, 92 U.S. 542 (1875) ....... 19

Statutes, Constitutions, and Other Laws

1628 Petition of Right, 3 Chas.1 c.1

(http://www.nationalarchives.gov.uk/pathways/citizensh

“ip/rise_parliament/transcripts/petition_right.htm .. . . . 6-7

1689 Bill of Rights, | W. & M., Sess. 2, ch. (1689)

(http://www.nationalarchives.gov.uk/pathways/citizensh

ip/rise_parliament/transcripts/bill rights.htm)....... 7-8

“An Act Prohibiting Trade and Intercourse with America,”

OE one ss ec bes ce ee eer ha teen es 9

iV

TABLE OF AUTHORITIES—cont’d

Page

Declaration and Resolves, First Continental Congress,

ET occ ciecccaneees dened essubevennss 9

IN, Vo bo dete sb ne cdoebeceenseeescens 10

Magna Carta (http://www.bl.uk/treasures/

magnacarta/translation.html) ................-...4- 5

Massachusetts Body of Liberties of 1641 .............. 8

Petition to the King, Second Continental Congress,

EE con in eee sChbekhiabeeriweneenees een? 9

Legislative Materials

Annals of Congress, House of Representatives, Ist Congress,

SR Ge CHG, EHO ccccccccccccccccceces 10

House of Commons Journal Volume 1: 27 May 1628,

Journal of the House of Commons: volume 1: 1547-1629

I ae ee eee ke ee ek i ee 6

House of Commons Journal Volume 10: 16 December 1689;

Journal of the House of Commons: volume 10: 1688-1693

EN e ee cis didn) CESEREMES LENE R AO eS 7

House of Lords Journal Volume 3: 27 May 1628, Journal of

the House of Lords: volume 3: 1620-1628 (1802) ...... 6

House of Lords Journal Volume 14: 16 December 1689,

Journal of the House of Lords: volume 14: 1685-1691 .. 7

Nominations: Hearing Before the S. Comm. on the Judiciary,

EE IU I, Ale PED cc cc eb ovcvevcasesencs 20

Administrative Materials

40 Weekly Comp. Pres. Doc. 2034-35 (Sept. 15, 2004) .. 20

-

Vv

TABLE OF AUTHORITIES—cont’d

. Page

Journals, Treatises and Other Authorities

Epps, “The Antebellum Political Background of the

Fourteenth Amendment.” 67 LAW AND CONTEMP. PROB.

SPP GED ova tcc%obasekesska eee 10

SELECT CHARTERS AND OTHER DOCUMENTS ILLUSTRATIVE

OF AMERICAN HISTORY 1606-1775 (Wm. MacDonald

OG Se wes cvswesccewsweessedaeseeeeee 8

G. SMITH, A CONSTITUTIONAL AND LEGAL HISTORY OF

ENGLAND (Charles Scribner’s Sons 1955) ..... 5, passim

CHARLES C. TANSILL, AND LIBRARY OF CONGRESS

LEGISLATIVE REFERENCE SERVICE, DOCUMENTS

ILLUSTRATIVE OF THE FORMATION OF THE UNION OF THE

AMERICAN STATES (Washington. Govt. Print. Office,

PPTs ons 00's 64440454540 5R0 eee 8, passim

Spanbauer, “The First Amendment Right to Petition

Government for a Redress of Grievances: Cut From A

Different Cloth,” 21 HASTINGS CONST. LAW QUARTERLY

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INTEREST OF AMICUS'

The American Center for Law and Justice (“ACLJ”) is a

not-for-profit legal and educational organization dedicated to,

inter alia, the defense of rights guaranteed under the First

Amendment to the United States Constitution. ACLJ attorneys

have appeared frequently before the Court as counsel for

parties or for amici. In particular, Counsel of Record for

amicus was Counsel of Record and presented oral argument for

appellees Emily Echols e/ a/. (minors) in FEC v. McConnell,

540 U.S. 93, 231-32 (2003).

Focus on the Family is a California non-profit religious

corporation committed to strengthening the family in the

United States and abroad. One of its express purposes is to

propagate and spread the Gospel of Jesus Christ. Focus on the

Family’s interest in this case stems from the fact that it 1s

~ actively involved in the promotion of the freedom of speech

and expression and actively opposes restriction on private

speech. Focus on the Family distributes a daily radio broadcast

about family issues that reaches approximately 1.7 million

listeners each day in the United States, Canada and around the

world. Focus on the Family publishes and distributes Focus on

the Family magazine and other literature that is received by

more than 2 million households each month. Topics addressed

in the daily radio broadcast and in printed literature published

|. The parties in this case have consented to the filing of this brief.

Letters of consent to the filing of this brief have been filed with the

Court. No counsel for any party authored this brief in whole or in

part. No person or entity aside from the ACLJ, its members, or its

couse! made a monetary contribution to the preparation or

submission of this brief. The ACLJ has no parent corporation, and

no publicly held company owns 10% or more of its stock.

2

and distributed by Focus on the Family frequently concern

religious expression, freedom of speech, and the nght of

individuals, privately, to express their opinions, whether

religious or otherwise. Focus on the Family has, over the past

twenty years, frequently urged its constituents 0 write or call

their elected representatives to make their views known on

issues associated with pending legislation.

SUMMARY OF ARGUMENT

This Court should take the opportunity presented by these

consolidated appeals to confirm the constitutional warrant,

under the First Amendment Right to Petition for Redress of

Grievances, for genuine issue advertisements by grassroots

lobbying organizations.

The storied nght to petition for redress of grievances is more

than a historical artifact of history. That right, both in its

exercise and in the charters and proclamations affirming it, is

inextricably wound up in the history of this Nation and of

England before it. While Magna Carta, the Petition of Right

and the English Bill of Rights mark the trail leading to it, an

amendment was required to make the right to petition for

redress of grievances fundamental in the federal constitutional

scheme.

The nght to petition for redress of grievances, constitutional

in scope, has been construed by this Court in a series of

antitrust and related cases, to bar the application of normal

principles of antitrust law, under the Noerr-Pennington

Doctrine. In the Noerr-Pennington line of cases, this Court

crafted a rule of exception from the operation of antitrust law.

3

- It did so, in principal part, to avoid the constitutional difficulty

that would be presented if the antitrust laws were not

understood to skirt the perimeter of the right to petition for

redress of grievances. In like vein, here, this Court should take

the opportunity afforded by the consolidated cases to affirm the

constitutional dimensions of the right of the people to petition

for redress of grievances. In doing so, this Court should craft

a rule respecting the exercise of that right in the formulation

and broadcasting of genuine issue advertisements during the

statutory blackout periods.

ARGUMENT

I. THE PROHIBITION OF GENUINE ISSUE

ADVERTISEMENTS BY GRASSROOTS LOBBYING

GROUPS DURING THE PERIOD PRIOR TO PRIMARIES

AND GENERAL ELECTIONS DIRECTLY AFFRONTS

THE RIGHT OF THE PEOPLE TO PETITION FOR A

REDRESS OF GRIEVANCES.

The United States Government does not “take a holiday”

beginning thirty days before primary elections and sixty days

before general elections. Even though Congress recesses in

advance of general elections, seemingly for the purpose of

allowing members the opportunity to campaign last minute for

re-election, the business of governing continues.

Because the business of governing continues, the business of

the People, that is, the business of giving instructions to their

elected representatives continues. And likewise, the business

of seeking redress of grievances continues. When Congress

enacted the Bipartisan Campaign Reform Act of 2002, it acted

4

in derogation of these facts and to the detriment of the right of

the people to petition for a redress of grievances through the

use of genuine issue advertisements by grassroots lobbying

organizations. - The right to petition is fundamental,’ and

warrants this Court’s close guardianship.

A. The Right to Petition for A Redress of Grievances

1. The English Antecedents to the Right to Petition for a

Redress of Grievances

The constitutional right to petition for a redress of grievances

was not fashioned from whole cloth by the First federal

Congress in 1789. An English people had framed this Nation,

and those Englishmen not only knew of Magna Carta, Petition

of Right, and the English Bill of Rights, they had pursued relief

in accord with them before declaring independence. To fairly

get the meaning of the right to petition for redress, a review of

its English antecedents is required.

In June 1215, at Runnymede, England, King John met with

several of his -Barons. There, the terms of the King’s

concessions were determined; within several days, the king

signed the Magna Carta, or Great Charter, under compulsion

applied against him by a plurality of his Barons. G. SMITH, A

2. It has been suggested, with good ground therefor, that the right to

petition for redress of grievances is superior to the other rights

protected from Congressional abridgement by the First Amendment.

See generally Julie Spanbauer, “The First Amendment Right to

Petition Government for a Redress of Gricvances: Cut From A

Different Cloth,” 21 HASTINGS CONST. LAW QUARTERLY 15 (Fall

1993).

5

CONSTITUTIONAL AND LEGAL HISTORY OF ENGLAND 132

(Charles Scribner’s Sons 1955).’ See genevally Magna Carta

(http://www.bl.uk/treasures/ magnacarta/translation.html) (last

viewed March 17, 2007). In paragraph 67 of the 1215 Magna

Carta, King John expressly crafted a process for his Barons to

petition for the redress of “transgressions.”* More important,

perhaps, than that specific provision of the Great Charter is the

persuasive process that led King John to make the concession

of Magna Carta; the process that gave rise to the King’s

concessions serves to this day as a powerful archetype of the

petition process.

Magna Carta simply redressed wrongs. The

3. That Magna Carta of 1215 was but onc of several documents so

called. G. SMITH, at 136.

4, Paragraph 61 of Magna Carta bound the King and his Officers to

make redresses “without delay.” In fact, the provision is quite a

stark authorization of direct, self-help:

\

And if we shall not have corrected the transgression (or, in

the event of our being out of the realm, if our justiciar shall

not have corrected it) v-ithin forty days, reckoning from the

time it has been intimated to us (or to our justiciar, if we

should be out of the realm), the four barons aforesaid shall

refer that matter to the rest of the five and twenty barons,

and those five and twenty barons shall, together with the

community of the whole realm, distrain and distress us in

all possible ways, namely, by scizing our castles, lands,

possessions, and in any other way they can, until redress

has been obtained as they decm fit, saving harmless our

own person, and the persons of our queen and children;

and when redress has been obtained, they shall resume

their old relations towards us.

6

significant thing is that the wrongs were substantially

those of all bad governments in any age and the

principles of redress have changed but little through

the centuries. Each clause was addressed to a specific

problem, written in direct and simple language,

prepared by practical men who knew what they were

about.

G. SMITH, at 133.

Some four centuries later, as England moved closer and

closer to civil war, a train of abuses, including denial and

abrogation of rights and privileges confirmed by King John in

Magna Carta, gave rise to the 1628 Petition of Right, 3 Chas. 1

c.1. Adopted by Parliament with the support of Sir i dward

Coke among others, see House of Commons Journal Volume

1:27 May 1628, Journal of the House of Commons: volume 1:

1547-1629 (1802), pp. 905-06, and unanimously even in the

House of Lords, see House of Lords Journal Volume 3: 27 May

1628, Journal of the House of Lords: volume 3: 1620-1628

(1802), pp. 824-26, the Petition of Right pressed the case of

serious grievances by Parliament against the Crown.

King Charles I took cognizance of the Petition and agreed to

examine the merits of its claims. G. SMITH, at 320. Among the

grievances claimed in the Petition, several stand out: forced

loans to the Crown; arbitrary arrest; imprisonment against the

terms provided in the Magna Carta; interference with property;

abuses of the Great Writ; quartering of troops without

compensation; imposition of martial law. G. SMITII, at 319-20;

http://www.nationalarchives.gov.uk/pathways/citizenship/ris

e parliament/transcripts/petition right.htm (text transcript by

7

the Parliamentary Archives) (last viewed March 17, 2007). In

laying out the claimed wrongs, Parliament again followed the

model of petitioning the Crown for relief from the wrongs

stated in the Petition.

In the aftermath of the English Civil Wars and the

subsequent ascendancy of William and Mary, Parliament

enacted — with the Crown’s approval — legislation settling the

question of succession to the throne and, at the same time,

confirming expressly the rights of the subjects of the Crown.

G. SMITH, at 367-68. Those objects were obtained in the 1689

Bill of Rights. | W. & M., Sess. 2, ch. 2 (1689)

(http://www.nationalarchives.gov.uk/pathways/citizenship/ri

se_parliament/transcripts/bill_rights.htm) (text transcript by the

Parliamentary Archives) (last viewed March 17, 2007); House

of Lords Journal Volume 14: 16 December 1689, Journal of the

Heuse of Lords: volume 14: 1685-1691, pp. 372-73; House of

Commons Journal Volume 10: 16 December 1689, Journal of

the House of Commons: volume 10: 1688-1693 (1802), pp. -

309-10.

As with the Petition of Right, the English Bill of Rights

contained indictments of prior abuses by the Crown or the

officers of the Crown. Further, the Bill of Rights directly

settled the question of the rights of the Crown’s subjects. Key

rights concluded by Parliament, in the Bill of Rights, to belong -

to the Crown’s subjects included: freedom from royal

interference with the law; freedom from taxation by royal

prerogative, that is, without agreement by Parliament; freedom

to petition the King; freedom of Protestant subjects to have

arms for defence, as allowed by law; freedom to elect members

of Parliament without interference from the Sovereign;

R-

freedom from cruel and unusual punishments, and excessive

bail; and, freedom from fines and forfeitures without trial. |

W. & M.., Sess. 2, ch. 2 (1689).

2. The American Experience

Just as quickly as English peoples began to settle on the

shores of the American continent, they began to establish

among themselves basic principles of governance. Among

those early charters, the Massachusetts Body of Liberties of

1641 was first to protect expressly the right to petition:

Every man whether Inhabitant or ffoffeiner, free or

not free shall have libertie to come to any publique

Court, Councell, or Towne meeting, and either by

speech or writeing to move any lawfull, seasonable,

and materiall question, or to present any necessary

motion, complaint, petition, Bill or information,

whereof that meeting hath proper cognizance, so it be

done in convenient time, due order, and respective

manner.

SELECT CHARTERS AND OTHER DOCUMENTS ILLUSTRATIVE OF

AMERICAN HISTORY 1606-1775, at 73, 75 (Wm. MacDonald

ed. 1899) (hereafter cited as “MacDonald’s SELECT

CHARTERS’).

Subsequent charters and constitutions affirmed that the right

to petition for redress of grievances was an accepted heritage

of the English colonists in America. See Julie Spanbauer, “The

First Amendment Right to Petition Government for a Redress

of Grievances: Cut From A Different Cloth,” 21 HASTINGS

9

CONST. LAW QUART., nn. 83-87 (Fall 1993) (collecting other

charter provisions regarding the right to petition). By the time

of the meeting of the First Continental Congress, the sentiment

that the nght to petition was a fundamental right of the

American colonists was established. In the Declaration and

Resolves, the First Continental Congress expressly declared as

much:

That they have a right peaceably to assemble,

consider of their grievances, and petition the king;

and that all prosecutions, prohibitory proclamations,

_and commitments for the same, are illegal.

Declaration and Resolves, First Continental Congress, 14

October 1774, (in CHARLES C. TANSILL, AND LIBRARY OF

CONGRESS LEGISLATIVE REFERENCE SERVICE, DOCUMENTS

ILLUSTRATIVE OF THE FORMATION OF THE UNION OF THE

AMERICAN STATES |, 3 (Washington: Govt. Print. Office,

1927)).

Indeed, the Second Continental Congress approved a Petition

to King George, for redress of the many grievances that were

propelling the colonies toward revolution. See Petition to the

King, 8 July 1775 (in MacDonald’s SELECT CHARTERS, at 381 -

85). That plea for redress King George and Parliament alike

rejected; in response, Parliament enacted, with royal

approbation, “An Act Prohibiting Trade and Intercourse with

America.” 16 Geo. IIL, c. 5 (in MacDonald’s SELECT

CIIARTERS, at 391-96). And it was precisely because repeated

petitioning to Parliament and the King had not salutary effect

that the American gambit for independence became

unavoidable. As Thomas Jefferson phrased the problem, “In

10

every stage of these oppressions we have petitioned for redress

in the most humble terms; our repeated petitions have been

answered only by repeated injury.” DECL. OF INDEP. para. 29.

Given the English precedents of Magna Carta, the Petition of

Right and the Bill of Rights, taken together with the numerous

colonial charter assertions of the right to petition for a redress

of grievances and the extent of colonial efforts to obtain redress

before committing revolution, it is unsurprising, when James

Madison proposed a Bill of Rights in the First Congress, that

he included the right to petition therein. See Annals of

Congress, House of Representatives, 1st Congress, Ist Sess.,

451 (June 8, 1789) (proposing, “The people shall not be

restrained from peaceably assembling and consulting for their

common good; nor from applying to the Legislature by

petitions, or remonstrances, for redress of their grievances”).

Although the right to petition for redress of grievances was,

by this long train of events, enshrined as a fundamental right in

the First Amendment to the Constitution, it would be

misleading to say that it has enjoyed a tenure there unsullied by

instances of disregard. In addition to the threatened application

of antitrust law to petition activities, see Argument II, infra, the

most storied instance of that disregard was the period of the so-

called “Gag Rule,” when the House of Representatives adopted

a rule prohibiting citizens from lodging petitions for redress, as

a way to deal with a flood of abolition petitions being presented

to Congress. See Garrett Epps, “The Antebellum Political

Background of the Fourteenth Amendment.” 67 LAW AND~

CONTEMP. PROB. 175, 192 nn. 116-17 and accompanying text

- (2004).

1]

B. To Survive Constitutional Scrutiny, the Prohibition on

Issue Advertisements By. Grassroots Lobbying

Organizations Must Be Limited By An Appropriately

Crafted Rule Leaving Unabridged Those Genuine Issue

Advertisements that Are Protected by the Right of the

People to Petition for Redress of Grievances.

1.The Noerr-Pennington Doctrine: Drawing Limits to

Antitrust Law From the First Amendment

The question whether genuine issue advertisements should

be or are subject to prohibition under the Constitution can be

answered by drawing an analogy to this Court’s development

of the Noerr-Pennington Doctrine. That doctrine is a corollary

of its holding in Parker v. Brown, 317 U.S. 341 (1943) that

“the Sherman Act did not apply to anticompetitive restraints

imposed by the States ‘as an act of government.’” City of

Columbia v. Omni Outdoor Advertising, Inc., 499 U.S. 365,

372, 379 (1991) (quoting Parker v. Brown, 317 U.S. 341, 352

(1943)). The doctrine evolved in three cases decided by this

Court: Eastern Railroad Presidents Conference v. Noerr Motor

Freight, Inc., 365 U.S. 127 (1961); United Mine Workers of

America v. Pennington, 381 U.S. 657 (1965); and California

Motor Transport Co. v. Trucking Unlimited, 404, U.S. 508

(1972). As explained by this Court, “‘Where a restraint upon

trade or monopolization is the result of valid governmental

action, aS opposed to private action,’ those urging the

governmental action enjoy absolute immunity from antitrust

liability for the anticompetitive restraint.” Allied Tube &

Conduit Corp, v. Indian Head, Inc., 486 U.S. 492 (1988)

(citation omitted).

12

In California Motor Transport, this Court identified two

grounds on which Noerr rested:

(1)... To hold that the government retains the power

to act in [a] representative capacity and yet hold...

that the people cannot freely inform the government

of their wishes would impute to the Sherman Act a

purpose to regulate, not business activity, but political

activity, a purpose which would have no basis

whatever in the legislative history of that Act.

(2)The right of petition is one of the freedoms

protected by the Bill of Rights, and we cannot...

lightly impute to Congress an intent to invade these

freedoms.

California Motor Transport Co., 404 U.S. at 510 (citations

omitted).° :

Important to the Noerr-Pennington Doctrine is what has

become known as its “sham exception,” described briefly by

this Court in Noerr:

There may be situations in which a_ publicity

campaign, ostensibly directed toward influencing

governmental »tion ‘*a mere sham to cover what is

5. In California Mv or Jansport, this Court then applied the Noerr-

Pennington Doctrine to courts, explaining that “[t]he same

philosophy governs the approach of citizens or groups of them to

administrative agencics (which are both creatures of the legislature,

and arms of the executive) and to courts, the third branch of

Government.” /d.

13

actually nothing more than an attempt to interfere

directly with the business relationships of a

competitor and the application of the Sherman Act

would be justified.

Noerr, 365 U.S. at 144. In California Motor Transport, this

Court considered this “sham exception” as it applied to a

situation where one group of highway carriers asserted that

another group had “instituted state and federal proceedings to

resist and defeat applications by [the highway carriers] to

acquire operating rights or to transfer or register those rights.”

California Motor Transport Co., 404 U.S. at 509. This Court

reasoned that the activities alleged would fall under the sham

exception if facts of that sort were proven true. Jd. at 515-16.

In Omni Outdoor Advertising, the Court described the sham

exception as “encompass| ing] situations in which persons use

the governmental process — as opposed to the outcome of that

process — as an anticompetitive weapon” and, in the case of

litigation, as involving “a defendant whose activities are ‘not

genuinely aimed at procuring favorable government action’ at

all.” Omni Outdoor Advertising, 499 U.S. at 380 (citations

omitted).

This Court rejected application of the sham exception in

Omni Outdoor Advertising. In doing so, this Court explained

that, although Columbia Outdoor Advertising “indisputably set

out to disrupt Omni’s business relationships, it sought to do so

not through the very process of lobbying, or of causing the city

council to consider zoning measures, but rather through the

ultimate product of that lobbying and consideration, viz., the

zoning ordinances” and that “the purpose of delaying a

competitor’s entry into the market does not render lobbying

14

activity a “sham,” unless . . . the delay is sought to be achieved

only by the lobbying process itself, and not by the

governmental action that the lobbying seeks.” /d. at 381.

2.The Noerr-Pennington Doctrine reflects the

constitutional right of the people to petition under the

First Amendment.

In Omni Outdoor Advertising, this Court discussed the

connection between the Noerr-Pennington Doctrine and the

right to petition:

While Parker recognized the States’ freedom to

engage in anticompetitive regulation, it did not

purport to immunize from antitrust liability the

private parties who urge them to engage in

anticompetitive regulation. However, it is obviously

peculiar in a democracy, and perhaps in derogation of

the constitutional nght “to petition the Government

for a redress of grievances,” U.S. Const., Amdt. |, to

establish a category of lawful state action that citizens

are not permitted to urge. Thus, beginning with

[Noerr], we have developed a corollary to Parker:

The federal antitrust laws also do not regulate the

conduct of private individuals in seeking

anticompetitive action from the government. This

doctrine, like Parker, rests ultimately upon a

recognition that the antitrust laws, “tailored as they

are for the business world, are not at all appropriate

for application in the political arena.” That a private

party’s political motives are selfish is irrelevant:

“Noerr shields from the Sherman Act a concerted

15

effort to influence public officials regardless of intent

or purpose.”

Id. at 379-80 (citations omitted). In Noerr, this Court declined

to apply the Sherman Act to the efforts of railways to influence

the state legislature and governor in, among other things,

passing legislation that would injure the trucking industry; this

Court said it was basing the decision on the “essential

dissimilarity” between the actions at issue and the traditional

actions covered by the Act and on “other difficulties.” Noerr,

365 U.S. at 136-37. The “other difficulties” referred to by the

Court included that “[t]o hold that the government retains the

power to act in [a] representative capacity and yet hold. . . that

the people cannot freely inform the government of their wishes

would impute to the Sherman Act a purpose to regulate, not

business activity, but political activity, a purpose which would

have no basis whatever in the legislative history of that Act.”

Id. at 137.

[S]uch a construction of the Sherman Act would raise

important constitutional questions. The right of

petition is one of the freedoms protected by the Bill of

Rights, and we cannot, of course, lightly impute to

Congress an intent to invade these freedoms.

/d. at 137-38. Further addressing the right of petition, this

Court said, “(t]he right of the people to inform their

representatives in government of their desires with respect to

the passage or enforcement of laws cannot properly be made to

depend upon their intent in doing so” id. at 139, and that

[a] construction of the Sherman Aci that would

16

disqualify people from taking a public position on

matters in which they are financially interested would

... deprive the government of a valuable source of

information and, at the same time, deprive the people

of their right to petition in the very instances in which

that right may be of the most importance to them. . .

. We... hold that, at-le.st insofar as the railroads’

campaign was directed toward obtaining

governmental action, its legality was not at all

affected by any anticompetitive purpose it may have

had.

Id. at 139-40.

While this Court, in Pennington, did not explicitly discuss

the right to petition, in California Motor Transport this Court

said that it had “followed that view” in Pennington, referring

by “that view” to the two grounds of the Noerr decision as

identified by the Court in California Motor Transport.

California Motor Transport, 404 U.S. at 510. Also, the

Pennington Court held expressly, “Noerr shields from the

Sherman Act a concerted effort to influence public officials

regardless of intent or purpose.” Pennington, 381 U.S. at 670.

In California Motor Transport, this Court clarified that the

“right to petition extends to all departments of the Government.

The right of access to the courts is indeed but one aspect of the

right of petition.” 404 U.S. at 510.

Summarizing key principles from Noerr and Pennington

regarding the right to petition, this Court, in Professional Real

Estate Investors, Inc. v. Columbia Pictures Industries, Inc., 508

U.S. 49 (1993), said:

17

Those who petition government for redress are

generally immune from antitrust liability. . . . In light

of the government’s “power to act in [its]

representative capacity” and “to take actions .. . that

operate to restrain trade,” we reasoned that the

Sherman Act does not punish “political activity”

through which “the people . . . freely inform the

government of their wishes.” Nor did we “impute to

Congress an intent to invade” the First Amendment

right to petition.”

Id. at 56.

Of course, the Noerr-Pennington Doctrine is a constitutional

creation responsive to otherwise permissible applications of

antitrust law. Nonetheless, the doctrine’s justification and this

Court’s reasoning in elucidating the doctrine, are suggestive of

the broader application of constitutional principles. After all,

its implications barred this Court from “lightly imput[ing] to

Congress an intent to invade” the freedoms protected by the

Bill of Rights.

In BE & K Construction Company v. NLRB,-536 U.S. 516

(2002), this Court discussed interpreting federal law in light of

the right to petition, providing a more complete picture of the

issue and the role played by the Noerr-Pennington Doctrine:

6. This case dealt with the development of a test regarding the sham

exception in as it relates to litigation (that the lawsuit must be

objectively baseless and must conceal an attempt to interfere directly

with the business relationships of a competitor). Professional Real

Estate investors, 508 U.S. at 60-61.

18

The First Amendment provides, in relevant part, that

“Congress shall make no law . . . abridging . . . the

right of the people . . . to petition the Government for

a redress of grievances.” We have recognized this

right to petition as one of “the most precious of the

liberties safeguarded by the Bill of Rights,” and have

explained that the right is implied by “the very idea

of a government, republican in form.”

We have also considered the right to petition when

interpreting federal law. In the antitrust context; for

example, we held that “the Sherman Act does not

prohibit . . . persons from associating .. . in an

attempt to persuade the legislature or the executive to

take particular action with respect to a law that would

produce a restraint or a monopoly.” We based our

interpretation in part on the principle that we would

not “lightly impute to Congress an intent to invade .

. . freedoms” protected by the Bill of Rights, such as

the right to petition.’

Id. at 524-25 (citations omitted). Through the Noerr-

Pennington Doctrine, then, this Court has sought to avoid the

constitutional difficulties that would result if Acts of Congress

were understood to abridge the nght to petition.

7. This case dealt with applying the test from Professional Real

Estate Investors to litigation brought under the National Labor

Relations Act. BE & K Construction Co., 536 U.S. at 526.

19 |

Il. SIGNIFICANT ACTS OF LEGISLATIVE OR

EXECUTIVE POWER DURING THE BLACKOUT

PERIOD -ARE SHIELDED FROM CRITICAL

ANALYSIS AND FROM CALLS FOR REDRESS

This Court has expressed, in cogent terms, the inextricable

connection between the right to petition for redress of

grievances and maintenance of a republican form of

government:

The right of the people peaceably to assemble for the

purpose of petitioning Congress for a redress of

grievances, or for any thing else connected with the

powers or the duties of the national government, is an

attribute of national citizenship, and, as such, under

the protection of, and guaranteed by, the United

States. The very idea of a government, republican in

form, implies a right on the part of its citizens to meet

peaceably for consultation in respect to public affairs

and to petition for a redress of grievances.

United States v. Cruikshank, 92 U.S. 542, 552-553 (1875).

Will Rogers famously quipped, “The nation is safe .. .

Congress is in recess.” That view screens reality, which is that

the business of government on the federal level in the United

States 1s continuous and on-going. Thus, even with respect to

such artificially crafted time frames as the thirty- and sixty-day

blackouts imposed by BCRA, the conduct of the Government

does not cease. 3

Even more to the point, the very individuals who enjoy

20

shielding from being named in genuine issue advertisements

continue to govern, either through legislation or administration,

and by the exercise of the prerogatives of office can actively

affect the national conversation about issues of great public

importance. That fact is evidenced by examining artifacts of

that governance from covered time periods. The wrong of such

an approach is evident from the example presented in the

present case.

Here, Wisconsin Right to Life, inc., sought to use genuine

issue advertisements to address the failure of the United States

Senate to move forward on judicial nominations. WRTL

planned the radio and television broadcasts to take place during

the sixty day blackout period before the 2004 general election.

The FEC presses the point that no judicial filibuster votes

(cloture petitions) were conducted during the blackout period

or for the balance of 2004. Brief of the FEC at 11. That

interesting “fact” studiously ignores the key governance

question: do the legislative and executive branches abandon the

nomination and confirmation processes during the covered time

period?

The simple answer, and the obvious one, is that neither the

legislative nor the executive abandoned the ongoing process of

evaluating and/or making nominations and confirmations. The

President continued to make nominations, see, e.g., 40 Weekly

Comp. Pres. Doc. 2034-35 (Sept. 15, 2004) (nomination of J.

Michael Seabright), and the Senate continued to conduct

hearings, see, e.g., Nominations: Hearing Before the S. Comm.

on the Judiciary, 108th Cong. (Sept. 22, 2004). In the

appendices to this brief, the ACLJ has collected the actions of

the President and of the United States Congress. See generally

21

Appendices A-E. An examination of these artifacts of

government action confirms the fact that significant

governmental activity takes place during blackout periods and

leaves one with the definite suspicion that the silencing of the

people’s right to petition was more than an accident.

In 2004, the general election took place on Tuesday,

November 2, 2004. Sixty days prior to Election Day was

Friday, September 3, 2004. For purposes of the prohibition on

issue advertisments by grassroots lobbying organizations, thus,

the relevant sixty day period blacking out «overage was from

September 3, 2004, through November 2, 2004.

During that covered period, the President conducted the -

following business:

(1) issued four executive orders;

(2) issued twenty-nine proclamations;

(3) signed fifty-five legislative acts or bills into law;

(4) announced thirty-three intentions to nominate;

(5S) announced eight intentions to designate;

(6) announced forty-three intentions to appoint;

(7) submitted sixty-six nominations to the Senate;

(8) withdrew three nominations from the Senate;

(9) declared twenty-six federal emergencies or major

disasters;

(10) sent twelve presidential communications to Congress;

(11)sent twenty-one presidential communications to

federal agencies;

(12) issued three executive notices;

(13) issued twelve statements;

(14) made remarks after eight meetings with foreign

22

leaders;

(15) made seventy remarks regarding the 2004 federal

election;

(16) made twenty-two general remarks;

(17) made seven radio addresses; and

(18) had two other media interactions. These executive

actions are gathered in Appendix A to this brief.

in 2006, the general election took place on Tuesday,

November 7th. Sixty days prior to Election Day was Friday,

September 8". For purposes of the prohibition on issue

advertisements by grassroots lobbying organizations, thus, the

relevant sixty day period blacking out coverage was from

September 8, 2006, through November 7, 2006.

During that covered period, the President conducted the

following business:

(1) issued three executive orders;

(2) issued thirty-five proclamations;

(3) signed ninety-one legislative acts or bills into law;

(4) announced twenty-nine intentions to nominate;

(5) announced one intention to designate;

(6) submitted thirty-one nominations to the Senate;

(7) withdrew three nominations;

(8) made two recess appointments;

(9) announced twenty-five intentions to appoint people to

non-principal offices;

(10) issued one statement on the retirement of a federal

employee;

(11) declared ten federal emergencies or major disasters;

(12)sent seventeen presidential communications to

23

congress;

(13)sent twelve presidential communications to federal ~

agencies;

(14) made thirty-one statements;

(15)made remarks made after nineteen meetings with

foreign leaders;

(16) made thirty six remarks regarding the 2006 federal

election; -

(17) made forty-one general remarks;

(18) made nine radio addresses;

(18) had three other media interactions; and

(19) had four miscellaneous occasions at which the

President spoke. These executive actions are gathered in

Appendix A to this brief, at Appdx. Al, ef seq.

Just as the President continued day by day with the

government of the Nation, in both 2004 and 2006, Congress

continued in session into the sixty day blackout period, holding

floor votes, see Appendix B, hearings, see Appendix C, issuing

reports, see Appendix D, and addressing a broad variety of

issues, both those that seem petty and those that were essential

to the national interest, see Appendix E.

An examination of the actions of the President and of the

Congress during these two sixty day blackout periods reveals

both a broad scope of actions and an equally broad sweep of

subjects of governance. Petty matters and vital, each found

themselves placed on the Nation’s center stage by executive or

legislative ipse dixit. But, because of the black-out period, the

floor votes, the nomination hearings and reports, the joint press

conferences with foreign leaders, and the remarks from the

well of the House or Senate, are conducted in a silence that is

24

all the more profound because the voice silenced is the

petitioning voice of the People.

CONCLUSION

The business of government certainly does not cease for

thirty and sixty day periods in advance of federal elections.

Nor will the People consent to being silenced by the legislative

isse dixit that the business of being governed must be

conducted under cover of silence. Just as this Court concluded,

in the context of antitrust laws, that the First Amendment

required that berth be given to combinations for the purpose of

obtaining a redress of grievances, this Court should undertake

in the present cases to apply a rule that excludes from the reach

of the issue advertisement ban those advertisements that are not

shams upon the public.

Respectfully submitted,

STEPHEN W. REED JAY ALAN SEKULOW

REED & BROWN, LLP Counsel of Record

35 North Lake Avenue STUART J. ROTH

Suite 960 JAMES M. HENDERSON, SR.

Pasadera, California 91101 AMERICAN CENTER FOR LAW

(626) 449-4521 & JUSTICE

Counsel for Focus on the 201 Maryland Avenue, N.E.

Family Washington, DC 20002

(202) 546-8890

Counsel for the American

Center for Law and Justice

March 23, 2007.

APPENDIX

Appendix A

ACTIONS OF THE PRESIDENT OF THE UNITED

STATES DURING THE SIXTY DAYS PRIOR

TO THE GENERAL ELECTION 2004 AND 2006°

2004 EXECUTIVE ACTIONS

Executive Orders (4)

3 Termination of Emergency. Declared in Executive

Order 12543 With Respect to the Policies and Actions of the

Government of Libya and Revocation of Related Executive

Orders, 40 Weekly Comp. Pres. Doc. 2067 (Sept. 20, 2004).

2. Assignment of Functions Relating to Certain

Appointments, Promotions, and Commissions in the Armed

Forces, 40 Weekly Comp. Pres. Doc. 2172 (Sept. 30, 2004).

3. Amendment to Executive Order 13173, Interagency

Task Force on the Economic Development of the Central San

Joaquin Valley, 40 Weekly Comp. Pres. Doc. 2505 (Oct. 20,

2004).

4. Providing Opportunities for Service-Disabled Veteran

Businesses To Increase Their Federal Contracting and

Subcontracting, 40 Weekly Comp. Pres. Doc. 2505 (Oct. 20,

2004).

Proclamations (29)

l. Minority Enterprise Development Week, 40 Weekly

Comp. Pres. Doc. 1850 (Sept. 4, 2004).

2. Proclamation to Modify the Generalized System of

Preferences, and for other purposes, 40 Weekly Comp. Pres.

Doc. 1892 (Sept. 7, 2004). |

., In 2004, the general election took place on Tuesday,

November 2nd. Sixty days prior to Election Day was Friday,

September 3". In 2006, the general election took place on Tuesday,

November 7th. Sixty days prior to Election Day was Friday,

September 8th.

Appdx. A-|

Appdx. A-2

3. National Alcohol and Drug Addiction Recovery Month,

40 Weekly Comp. Pres. Doc. 1949 (Sept. 10, 2004).

4. National Ovarian Cancer Awareness Month, 40 Weekly

Comp. Pres. Doc. 1950 (Sept. 10, 2004).

5. National Days of Prayer and Remembrance, 40 Weekly

Comp. Pres. Doc. 1951 (Sept. 10, 2004).

6. Patriot Day, 40 Weekly Comp. Pres. Doc. 1952 (Sept.

10, 2004).

+ National Prostate Cancer Awareness Month, 40 Weekly

Comp. Pres. Doc. 1992 (Sept. 14, 2004).

8. National Historically Black Colleges and Universities

Week, 4: Weekly Comp. Pres. Doc. 1993 (Sept. 14, 2004).

9. National POW / MIA Recognition Day, 40 Weekly

Comp. Pres. Doc. 1993 (Sept. 14, 2004).

10. Citizenship Day and Constitution Week, 40 Weekly

Comp. Pres. Doc. 2032 (Sept. 17, 2004).

11. | National Hispanic Heritage Month, 40 Weekly Comp.

Pres. Doc. 2047 (Sept. 17, 2004).

12. National Farm Safety and Health Week, 40 Weekly

Comp. Pres. Doc. 2066 (Sept. 20, 2004).

13. National Employer Support of the Guard and Reserve

Week, 40 Weekly Comp. Pres. Doc. 2082 (Sept. 21, 2004).

14. Family Day, 40 Weekly Comp. Pres. Doc. 2137 (Sept.

24, 2004).

15. National Hunting and Fishing Day, 40 Weekly Comp.

Pres. Doc. 2150 (Sept. 24, 2004).

16. National Breast Cancer Awareness Month, 40 Weekly

Comp. Pres. Doc. 2216 (Oct. 1, 2004).

17. Child Health Day 2259, 40 Weekly Comp. Pres. Doc.

2259 (Oct. 4, 2004).

18. National Fire Week, 40 Weekly Comp. Pres. Doc. 2259

(Oct. 4, 2004).

Appdx. A-3

19. | German-American Day, 40 Weekly Comp. Pres. Doc.

2275 (Oct. 6, 2004).

20. _ Leif Erikson Day, 40 Weekly Comp. Pres. Doc. 2223

(Oct. 7, 2004).

21. | General Pulaski Memorial Day, 40 Weekly Comp. Pres.

Doc. 2351 (Oct. 11, 2004).

22. _—‘ National School Lunch Day, 40 Weekly Comp. Pres.

Doc. 2363 (Oct. 12, 2004).

23. Columbus Day, 40 Weekly Comp. Pres. Doc. 2351

(Oct. 13, 2004).

24. National Mammography Day, 40 Weekly Comp. Pres.

Doc. 2422 (Oct. 15, 2004).

25. | White Cane Safety Day, 40 Weekly Comp. Pres. Doc.

2523 (Oct. 15, 2004).

26. National Character Counts Week, 40 Weekly Comp.

Pres. Doc. 2455 (Oct. 18, 2004).

27. —_ National Disability Employment Awareness Month, 40

Weekly Comp. Pres. Doc. 2503 (Oct. 18, 2004).

28. National Forest Products Week, 40 Weekly Comp.

Pres. Doc. 2504 (Oct. 20, 2004).

29. Gold Star Mother’s Day, 40 Weekly Comp. Pres. Doc.

2152 (Oct. 25, 2004).

Signed Legislation (55)

l. Emergency Supplemental Appropriations for Disaster

Relief Act, 2004, 40 Weekly Comp. Pres. Doc. 1924 (Sept. 8,

2004).

2. Sports Agent Responsibility and Trust Act, 40 Weekly

Comp. Pres. Doc. 2142 (Sept. 24, 2004).

3. To provide for the conveyance of the real property

located at 1081 West Main Street in Ravenna, Ohio, 40 Weekly

Comp. Pres. Doc. 2142 (Sept. 24, 2004).

4. To provide an additional temporary extension of

programs under the Small Business Act and the Small Business

Appdx. A-4

Investment Act of 1958 through September 30, 2004, and for

other purposes, 40 Weekly Comp. Pres. Doc. 2142 (Sept. 24,

2004).

5. Harpers Ferry National Historical Park Boundary

Revision Act of 2004, 40 Weekly Comp. Pres. Doc. 2142

(Sept. 24, 2004).

6. Welform Reform Extension Act, Part VIII, 40 Weekly

Comp. Pres. Doc. 2207 (Sept. 30, 2004).

7. Making continuing appropriations for the fiscal year

2005, and for other purposes, 40 Weekly Comp. Pres. Doc.

2207 (Sept. 30, 2004).

8. Surface Transportation Extension Act of 2004, Part V,

40 Weekly Comp. Pres. Doc. 2207 (Sept. 30, 2004).

9. Working Families Tax Relief Act of 2004, 40 Weekly

Comp. Pres. Doc. 2287 (Oct. 4, 2004).

10. | Mount Rainier National Park Boundary Adjustment Act

of 2004, 40 Weekly Comp. Pres. Doc. 2287 (Oct. 5, 2004).

11. Johnstown Flood National Memorial Boundary

Adjustment Act of 2004, 40 Weekly Comp. Pres. Doc. 2287

(Oct. 5, 2004).

12. Martin Luther King, Junior, National Historic Site Land

Exchange Act, 40 Weekly Comp. Pres. Doc. 2287 (Oct. 5,

2004).

13. | Carpinteria and Montecito Water Distribution Systems

Conveyance Act of 2004, 40 Weekly Comp. Pres. Doc. 2287

(Oct. 5, 2004).

14. To amend the Reclamation Wastewater and

Groundwater Study and Facilities Act to authorize the

Secretary of the Interior to participate in the Williamson

County, Texas, Water Recycling and Reuse Project, and for

other purposes, 40 Weekly Comp. Pres. Doc. 2287 (Oct. 5,

- 2004).

4

Appdx. A-5

15. | Southwest Forest Health and Wildfire Prevention Act

of 2004, 40 Weekly Comp. Pres. Doc. 2287 (Oct. 5, 2004).

16. To amend the Reclamation Project Authorization Act

of 1972 to clarify the acreage for which the North Loup

division is authorized to provide irrigation water under the

Missouri River Basin project, 40 Weekly Comp. Pres. Doc.

2288 (Oct. 5, 2004).

17. To extend the term of the Forest Counties Payments

Committee, 40 Weekly Comp. Pres. Doc. 2288 (Oct. 5, 2004).

18. To amend the Stevenson-Wydler Technology

Innovation Act of 1980 to permit Malcolm Baldrige National

Quality Awards to be made to nonprofit organizations, 40

Weekly Comp. Pres. Doc. 2288 (Oct. 5, 2004).

19. | Timucuan Ecological and Historic Preserve Boundary

Revision Act of 2004, 40 Weekly Comp. Pres. Doc. 2288 (Oct.

5, 2004).

20. Commemorating the opening of the National Museum

of the American Indian, 40 Weekly Comp. Pres. Doc. 2288

(Oct. 5, 2004).

21. Railroad Right-of-Way Conveyance Validation Act of

2004, 40 Weekly Comp. Pres. Doc. 2288 (Oct. 5, 2004).

22. | Toreauthorize the Tropical Forest Conservation Act of

1998 through fiscal year 2007, and for other purposes, 40

Weekly Comp. Pres. Doc. 2288 (Oct. 6, 2004).

23. Military Construction Appropriations and Emergency

Hurricane Supplemental Appropriations Act, 40 Weekly

Comp. Pres. Doc. 2413 (Oct. 13, 2004).

24. Craig Recreation Land Purchase Act, 40 Weekly Comp.

Pres. Doc. 2413 (Oct. 13, 2004).

25. To clarify the tax treatment of bonds and other

obligations issued by the Government of American Samoa, 40

Weekly Comp. Pres. Doc. 2530 (Oct. 16, 2004).

Appdx. A-6

26. National Wildlife Refuge Volunteer Act of 2004, 40

Weekly Comp. Pres. Doc. 2530 (Oct. 16, 2004).

27. | Toamend the Safe Drinking Water Act to reauthorize

the New York City Watershed Protection Program, 40 Weekly

Comp. Pres. Doc. 2530 (Oct. 16, 2004).

28. To amend the Act of November 2, 1966 (80 Stat. 1112),

to allow binding arbitration clauses to be included in all

contracts affecting the land within the Salt River Pima-

Maricopa Indian Reservation, 40 Weekly Comp. Pres. Doc.

2530 (Oct. 16, 2004).

29. Department of Homeland Security Financial

Accountability Act, 40 Weekly Comp. Pres. Doc. 2530 (Oct.

16, 2004).

30. To authorize the Board of Regents of the Smithsonian

Institution to carry out construction and related activities in

support of the collaborative Very Energetic Radiation Imaging

Telescope Array System (VERITAS) project on Kitt Peak near

Tucson, Arizona, 40 Weekly Comp. Pres. Doc. 2530 (Oct. 16,

2004).

31.- Global Anti-Semitism Review Act of 2004, 40 Weekly

Comp. Pres. Doc. 2530 (Oct. 16, 2004).

32. North Korean Human Rights Act of 2004, 40 Weekly

Comp. Pres. Doc. 2530 (Oct. 18, 2004).

33. Department of Homeland Security Appropriations Act,

2005, 40 Weekly Comp. Pres. Doc. 2530 (Oct. 18, 2004).

34. __ District of Columbia Appropriations Act, 2005, 40

Weekly Comp. Pres. Doc. 2530 (Oct. 18, 2004).

35. Southern Ute and Colorado Intergovernmental!

Agreement Implementation Act of 2004, 40 Weekly Comp.

Pres. Doc. 2531 (Oct. 18, 2004).

36. Alaska Native Allotment Subdivision Act, 40 Weekly

Comp. Pres. Doc. 2531 (Oct. 18, 2004).

Appdx. A-7

37. To direct the Secretary of Agriculture to convey to the

New Hope Cemetery Association certain land in the State of

Arkansas for use as a cemetery, 40 Weekly Comp. Pres. Doc.

2531 (Oct. 18, 2004).

38. To replace certain Coastal Barrier Resources System

maps, 40 Weekly Comp. Pres. Doc. 2531 (Oct. 18, 2004).

39. Manhattan Project National Historical Park Study Act,

40 Weekly Comp. Pres. Doc. 2531 (Oct. 18, 2004).

40. To transfer Federal lands between the Secretary of

Agriculture and the Secretary of the Interior, 40 Weekly Comp.

Pres. Doc. 2531 (Oct. 18, 2004).

41. El Camino Real de los Tejas National Historic Trail

Act, 40 Weekly Comp. Pres. Doc. 2531 (Oct. 18, 2004).

42. Tapoco Project Licensing Act of 2004, 40 Weekly

Comp. Pres. Doc. 2531 (Oct. 18, 2004).

~ 43. To revise and extend the Boys and Girls Clubs of

America, 40 Weekly Comp. Pres. Doc. 2531 (Oct. 18, 2004).

44. To redesignate the Ridges Basin Reservoir, Colorado,

as Lake Nighthorse, 40 Weekly Comp. Pres. Doc. 2531 (Oct.

18, 2004).

45. Arapaho and Roosevelt National Forests Land

Exchange Act of 2004, 40 Weekly Comp. Pres. Doc. 253L

(Oct. 18, 2004).

46. The Belarus Democracy Act, 40 Weekly Comp. Pres.

Doc. 2502 (Oct. 20, 206-4).

47. ‘Yo authorize the Gateway Arch in St. Louis, Missouri,

to be illuminated by pink lights in honor of breast cancer

awareness month, 40 Weekly Comp. Pres. Doc. 2531 (Oct. 20,

2004).

48. To amend the Congressional Accountability Act of

1995 to permit members of the Board of Directors of the Office

of Compliance to serve for 2 terms, 40 Weekly Comp. Pres.

Doc. 2531 (Oct. 21, 1004).

Appdx. A-8

49. To authorize the Secretary of Agriculture to sell or

exchange all or part of certain administrative sites and other

land in the Ozark-St. Francis and Ouachita National Forests

and to use funds derived from the sale or exchange to acquire,

construct, or improve administrative sites, 40 Weekly Comp.

Pres. Doc. 2531 (Oct. 21, 1004).

50. To amend the Lease Lot Conveyance Act of 2002 to

provide that the amounts received by the United States under

that Act shall be deposited in the reclamation fund, and for

.other purposes, 40 Weekly Comp. Pres. Doc. 2531 (Oct. 21,

1004). i

51. National Park System Laws Technical Amendnients —~

Act of 2004, 40 Weekly Comp. Pres. Doc. 2531 (Oct. 21,

1004).

52. To designate the facility of the United States Postal

Service located at 4141 Postmark Drive, Anchorage, Alaska,

as the “Robert J. Opinsky Post Office Building,” 40 Weekly

Comp. Pres. Doc. 2531 (Oct. 21, 1004).

53. | Chimayo Water Supply System and Espanola Filtration

Facility Act of 2004, 40 Weekly “omp. Pres. Doc. 2531 (Oct.

21, 1004).

54. | Garrett Lee Smith Memorial Act, 40 Weekly Comp.

Pres. Doc. 2531 (Oct. 21, 1004).

55. | To extend certain authority of the Supreme Court

Police, modify the venue of prosecutions relating to the

Supreme Court building and grounds, and authorize the

acceptance of gtfts to the United States-Supreme Court, 40

Weekly Comp. Pres. Doc. 2531 (Oct. 21, 1004).

Announced Intent to Nominate (33), Designate (8) or to

Appoint (43)

Personnel Announcement on September 7, 40 Weekly Comp.

Pres. Doc. 1920 (Sept. 7, 2004)

Appdx. A-9

l. The President announced his intention to designate Tim —

S. McClain as Acting Assistant Secretary of Veterans Affairs

(Human Resources and Administration).

2. The President announced his intention to designate

Cortright Wetherill, Jr., as a Chairman of the Advisory

Committee on the Arts, John F © ennedy Center for the

Performing Arts.

3. ° The President announced his intention to appoint W.

Roy Grizzard as a member of the Committee for Purchase

From People Who Are Blind or Severely Disabled.

4. The President announced his intention to appoint

Michele Longo Eder and Thomas C. Royer as members of the

Arctic Research Commission.

5. The President announced his intention to appoint the

following individuals as members of the President's National

Security Telecommunications Advisory Committee: Lawrence

T. Babbio, Jr.; Gregory Q. Brown; Ken Dahlberg; William J.

Hannigan; Stan Sigman; and Joseph R. Wright.

6. The President announced his intention to appoint the

following individuals as members of the Board of Trustees of

the John F. Kennedy Center for the Performing Arts: Elisabeth

D. DeVos, Mary Mochary, Mary M. Ourisman, Gabrielle B.

Reynolds, David Rubenstein, Stephen Schwarzman, Alex

Spanos, and Sandy Treadwell.

7. The President announced his intention to appoint

Cheryl Bates-Harris and Dorothy L. Watson as members of the

Ticket to Work and Work Incentives Advisory Panel.

8. The President announced his intention to designate

Berthy De La Rosa-Aponte, as Chairperson of the Ticket to

Work and Work Incentives Advisory Panel.

Personnel Announcement on September 8, 40 Weekly Comp.

Pres. Doc. 1920-21 (Sept. 8, 2004).1. The President announced

Appdx. A-10

his intention to nominate Catherine Todd Bailey to be

Ambassador to Latvia.

2. The President announced his intention to nominate

Thomas V. Skinner to be an Assistant Administrator of the

Environmental Protection Agency (Enforcement and

Compliance Assurance).

3. The President announced his intention to nominate

Douglas Menarchik to be an Assistant Administrator of the

U.S. Agency for International Development (Policy and

Program Coordination).

4. The President announced his intention to nominate

Howard J. Krongard to be Inspector General of the Department

of State.

5. The President announced his inteution to designate

Daniel R. Levinson as Acting Inspector General at the

Department of Health and Human Services.

Personnel Announcement on September 10,40 Weekly Comp.

Pres. Doc. 1921 (Sept. 10, 2004).

l. The President announced his intention to nominate

Richard Greco, Jr., to be an Assistant Secretary of the Navy

(Financial Management) at the Department of Defense.

2. The President announced his intention to nominate

Patrick J. Leahy and John E. Sununu to be USS.

Representatives to the General Assembly of the United

Nations.

3. The President announced his intention to appoint Lisa

Kirk Colburn as a member of the Advisory Committee on the

Arts, John F. Kennedy Center for the Performing Arts.

4. The President announced his intention to appoint the

following individuals as members of the Public Interest

Declassification Board: L. Britt Snider (Chairman), Martin

Faga, Steven Garfinkel, Elizabeth Rindskopf Parker, and

Richard N. Smith.

Appdx. A-11

Personnel Announcement on September 14, 40 Weekly Comp.

Pres. Doc. 2033 (Sept. 14, 2004).

1. The President announced his intention to nominate

Michael J. Harrison to be Assistant Secretary of Agriculture for

Administration.

2. The President announced his intention to nominate

Pamela Hughes Patenaude to be Assistant Secretary of Housing

and Urban Development for Community Planning and

Development.

Personnel Announcement on Septernber 15, 40 Weekly Comp.

Pres. Doc. 2033 (Sept. 15, 2004).

l. The President announced his intention to nominate

Francis J. Harvey to be Secretary of the Army.

4 The President announced his intention to nominate

Arden Bement, Jr., to be Director of the National Science

Foundation.

Personnel Announcement on September 17,40 Weekly Comp.

Pres. Doc. 2034 (Sept. 17, 2004).

l. The President announced his intention to nominate

Jesus H. Delgado-Jenkins to be an Assistant Secretary of the

Treasury (Management) and, upon appointment, to designate

him as Chief Financial Officer.

Personnel Announcement on September 20, 40 Weekly Comp.

Pres. Doc. 2140 (Sept. 20, 2004).

l. The President announced his intention to nominate

Susan L. Moore to be U.S. Alternate Representative to the 59th

Session of the General Assembly of the United Nations.

4 The President announced his intention to appoint

Charles J. Chaput and Michael Lewis Cromartie as members of

the U.S. Commission on International Religious Freedom.

Personnel Announcement on September 23, 40 Weekly Pres.

Doc. 2140 (Sept. 23, 2004).

Appdx. A-12

l. The President announced his intention to nominate

Ryan C. Crocker to be Ambassador to Pakistan.

2. The President announced his intention to nominate

Marcie B. Ries to be Ambassador to Albania.

3, The President announced his intention to nominate

Buddie J. Penn to be an Assistant Secretary of the Navy

(Installations and Environment).

4. The President announced his intention to nominate the

following individuals to be members of the National Science

Board: Dan Arvizu, Steven C. Beering, Gerald Wayne Clough,

Kelvin Kay Droegemeier, Louis J. Lanzerotti, Alan I. Leshner,

Jon C. Strauss, and Kathryn D. Sullivan.

5. The President announced his intention to designate

Edwin Pinero as the Federal Environmental Executive at the

Environmental Protection Agency.

Personnel Announcement on October |, 40 Weekly Comp.

Pres. Doc. 2206 (Oct. 1, 2004).

l. The President announced his intention to nominate

Ronald Rosenfeld to be a Director on the Board of Directors of

the Federal Housing Finance Board.

2. The President announced his intention to nominate

Michael Butler to be a member of the Board of Trustees of the

Morris K. Udall Scholarship and Excellence in National

Environmental Policy Foundation. -

3. The President announced his intention to appoint Robin

Cook, Charles L. Glazer, and Peter S. Watson to be members

of the Board of Trustees of the Woodrow Wilson International

Center for Scholars.

4. The President announced his intention to appoint David

Wayne Anderson, Cynthia R. Church, and Soyna E. Medina as

members of the Board of Trustees of the American Folklife

Center.

Appdx. A-13

5. The President announced his intention to appoint the

following individuals as members of the Commission on the

Abraham Lincoln Study Abroad Fellowship Program: John K.

Andrews, Jr.; Jim Edgar; Lynette Boggs McDonald; and Lyn

Bracewell Phillips.

6. The President announced his intention to appoint Scott

Wallace (Chairman), C. Martin Harris, and William W. Stead

as members of the Commission on Systemic Interoperability.

Personnel Announcement on October 8, 40 Weekly Comp.

Pres. Doc. 2285-86 (Oct. 8, 2004).

l. The President announced his intention to nominate

Frederick William Hatfield to be a Commissioner of the

Commodity Futures Trading Commission.

2. The President announced his intention to nominate

Harold Damelin to be Inspector General of the Department of

the Treasury.

3. The President announced his intention to nominate

Edward L. Flippen to be Inspector General of the Corporation

for National and Community Service.

4. The President announced his intention to nominate

Brian David Miller to be Inspector General of the General

Services Administration.

5. The President announced his intention to appoint Gen.

Richard B. Myers, USAF, as a Governor on the Board of

Governors of the American National Red Cross.

6. The President announced his intention to nominate

Jorge A. Plasencia to be a member of the Advisory Board for

Cuba Broadcasting.

7. The President announced his intention to nominate

Carolyn L. Gallagher and Louis J. Giuliano to be Governors on

the Board of Governors of the U.S. Postal Service.

Appdx. A-14

8. The President announced his intention to appoint A.

Wilson Greene and Katina P. Strauch as members of the

National Museum and Library Services Board.

Personnel Announcement on October 15, 40 Weekly Comp.

Pres. Doc. 2412 (Oct. 15, 2004).

l. The President announced his intention to designate

~ Darrell Irions and Dee J. Kelly, Jr., as members of the Board of

Governors on the United Service Organizations, Inc.

2. The President announced his intention to designate

William A. Moorman as Acting Assistant Secretary of

Veterans Affairs for Management.

Nominations Submitted To (66) or Withdrawn From (3) the

Senate

Submitted September 7, 40 Weekly Comp. Pres. Doc. 1921

(Sept. 7, 2004).

l. Paul A. Crotty, of New York, to be U.S. District Judge

for the Southern District of New York, vice Harold Baer, Jr.,

retiring.

2. Porter J. Goss, of Florida, to be Director of Central

Intelligence, vice George John Tenet, resigned.

3. 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).

Submitted September 8, 40 Weekly Comp. Pres. Doc. 1922

(Sept. 8, 2004).

3 Catherine Todd Bailey, of Kentucky, to be Ambassador

Extraordinary and Plenipotentiary of the United States of

America to the Republic of Latvia.

2. Raymond F. DuBois, of the District of Columbia, to be

Deputy Under Secretary of Defense for Logistics and Materiel

Readiness, vice Diane K. Morales, resigned.

ee a - . ee

Appdx. A-15

3. Howard J. Krongard, of New Jersey, to be Inspector

General, Department of State, vice Clark Kent Ervin.

4. Douglas Menarchik, of Texas, to be an Assistant

Administrator of the U.S. Agency for International

Development, vice Patrick M. Cronin, resigned.

5. Thomas V. Skinner, of Illinois, to be an Assistant

Administrator of the Environmental Protection Agency, vice

John Peter Suarez, resigned.

Submitted September 10, 40 Weekly Comp. Pres. Doc. 1922-

23 (Sept. 10, 2004).

l. Carin M. Barth, of Texas, to be Chief Financial Officer,

Department of Housing and Urban Development, vice Angela

Antonelli, resigned, to which position she was appointed

during the last recess of the Senate.

2. Jonathan W. Dudas, of Virginia, to be Under Secretary

of Commerce for Intellectual Property and Director of the U.S.

Patent and Trademark Office, vice James Edward Rogan,

resigned, to which position he was appointed during the last

recess of the Senate.

3. Albert A. Frink, Jr., of California, to be an Assistant

Secretary of Commerce, vice Linda Mysliwy Conlin, resigned,

to which position he was appointed during the last recess of the

Senate.

4. Susan Johnson Grant, of Virginia, to be Chief Financial

Officer, Department of Energy, vice Bruce Marshall Carnes,

resigned, to which position she was appointed during the last

recess of the Senate.

5. Ricardo H. Hinojosa, of Texas, to be Chair of the U.S.

Sentencing Commission, vice Diana E. Murphy, resigned, to

which position he was appointed during the last recess of the

Senate.

6. Nadine Hogan, of Florida, to be a member of the Board

of Directors of the Inter-American Foundation for a term

Appdx. A-16

expiring June 26, 2008, vice Frank D. Yturria, resigned, to

which position she was appointed during the last recess of the

Senate.

7. Stephen L. Johnson, of Maryland, to be Deputy

Administrator of the Environmental Protection Agency, vice

Linda J. Fisher, resigned, to which position he was appointed

during the last recess of the Senate.

8. Paul Jones, of Colorado, to be a member of the Internal

Revenue Service Oversight Board for a term expiring

September 14, 2008, vice Charles L. Kolbe, term expired, to

which position he was appointed during the last recess of the

Senate.

9. James R. Kunder, of Virginia, to be an Assistant

Administrator of the U.S. Agency for International

Development, vice Wendy Jean Chamberlin, resigned, to

which position he was appointed during the last recess of the

Senate.

10. -Jon D. Leibowitz, of Maryland, to be a Federal Trade

Commissioner for a term of 7 years from September 26, 2003,

vice Mozelle Willmont Thompson, resigned, to which position

he was appointed during the last recess of the Senate.

11. | Deborah P. Majoras, of Virginia, to be a Federal Trade

Commissioner for the unexpired term of 7 years from

September 26, 2001, vice Timothy J. Muris, resigned, to which

position she was appointed during the last recess of the Senate.

12. John D. Rood, of Florida, to be Ambassador

Extraordinary and Plenipotentiary of the United States

ofAmerica to the Commonwealth of The Bahamas, to which

position he was appointed during the last recess of the Senate.

13. Enrique J. Sosa, of Florida, to be a member of the

Reform Board (Amtrak) for a term of 5 years, vice Uinwood

Holton, term expired, to which position he was appointed

during the last recess of the Senate.

Appdx. A-17

14. Charles Graves Untermeyer, of Texas, to be

Ambassador Extraordinary and Plenipotentiary of the United

States of America to the State of Qatar, to which position he

was appointed during the last recess of the Senate.

15. Jack Vaughn, of Texas, to be a member of the Board of

Directors of the Inter-American Foundation for a term expiring

September 20, 2006, vice Patricia Hill Williams, resigned, to

which position he was appointed during the last recess of the

Senate.

16. | Gary Lee Visscher, of Maryland, to be a member of the

Chemical Safety and Hazard Investigation Board for a term of

5 years, vice Isadore Rosenthal, term expired, to which position

he was appointed during the last recess of the Senate.

17. Richard Kenneth Wagner, of Florida, to be a member

of the National Institute for Literacy Advisory Board for a term

expiring November 25, 2006, vice Robin Morris, term expired,

to which position he was appointed during the last recess of the

Senate.

18. Scott Kevin Walker, of Wisconsin, to be a member of

the Advisory Board of the Saint Lawrence Seaway

Development Corporation, vice Anthony S. Earl, resigned, to

which position he was appointed during the last recess of the

Senate.

19. Roger W. Wallace, of Texas, to be a member of the

Board of Directors of the Inter-American Foundation for a term

expiring October 6, 2008, vice Fred P. DuVal, to which

position he was appointed during the last recess of the Senate.

20. Aldona Wos, of North Carolina, to be Ambassador

Extraordinary and Plenipotentiary of the United States of

America to the Republic of Estonia, to which position she was

appointed during the last recess of the Senate.

Appdx. A-18

21. Sean F. Cox, of Michigan, to be U.S. District Judge for

the Eastern District of Michigan, vice Lawrence P. Zatkoff,

retired.

Submitted September 13, 40 Weekly Comp. Pres. Doc. 2034

(Sept. 13, 2004).

l. Richard Greco, Jr., of New York, to be an Assistant

Secretary of the Navy, vice Dionel M. Aviles.

2. Patrick J. Leahy, of Vermont, to be a Representative of

the United States of America to the 59th Session of the General

Assembly of the United Nations.

3. John E. Sununu, of New Hampshire, to be a

Representative of the United States of America to the 59th

Session of the General Assembly of the United Nations.

4. Ryan C. Crocker, of Washington, a career member of

the Senior Foreign Service, class of Career Minister, for the

personal rank of Career Ambassador in recognition of

especially distinguished service over a sustained period.

5. Marc Isaiah Grossman, of Virginia, a career member of

the Senior Foreign Service, class of Career Minister, for the

personal rank of Career Ambassador in recognition of

especially distinguished service over a sustained period.

6. A. Elizabeth Jones, of Maryland, a career member of

the Senior Foreign Service, class of Career Minister, for the

personal rank of Career Ambassador in recognition of

especially distinguished service over a sustained period.

7. Alan Philip Larson, of lowa, a career member of the

Senior Foreign Service, class of Career Minister, for the

personal rank of Career Ambassador in recognition of

especially distinguished service over a sustained period.

8. Johnny Young, of Maryland, a career member of the

Senior Foreign Service, class of Career Minister, for the

personal rank of Career Ambassador in recognition of

especially distinguished service over a sustained period.

Appdx. A-19

Withdrawn September 13, 40 Weekly Comp. Pres. Doc. 2034

(Sept. 13, 2004).

l. Robert Jepson, of Georgia, to be a member of the

Internal Revenue Service Oversight Board for a term expiring

September 14, 2008, vice Karen Hastie Williams, term expired,

which was sent to the Senate on December 9, 2003.

Submitted September 15, 40 Weekly Comp. Pres. Doc. 2034-

35 (Sept. 15, 2004).

2. Arden Bement, Jr., of Indiana, to be Director of the

National Science Foundation for a term of 6 years, vice Rita R.

Colwell, resigned.

3. Michael J. Harrison, of Connecticut, to be an Assistant

Secretary of Agriculture, vice Lou Gallegos, resigned.

4. Francis J. Harvey, of California, to be Secretary of the

Army, vice Thomas E. White, resigned.

5. Pamela Hughes Patenaude, of New Hampshire, to be an

Assistant Secretary of Housing and Urban Development, vice

Romolo A. Bernardi.

6. J. Michael Seabright, of Hawaii, to be U.S. District

Judge for the District of Hawaii, vice Alan C. Kay, retired.

Withdrawn September 15, 40 way Comp. Pres. Doc. 2035

(Sept. 15, 2004).

l. Francis J. Harvey, of California, to be an Assistant

Secretary of Defense, vice John P. Stenbit, which was sent to

the Senate on November 6, 2003.

Submitted September 20, 40 Weekly Comp. Pres. Doc. 2141

(Sept. 20, 2004).

l. Jesus H. Del,zado-Jenkins, of Illinois, to be an Assistant

Secretary of the Treasury, vice Teresa M. Ressel, resigned.

2. Beryl A. Howell, of the District of Columbia, to be a

member of the U.S. Sentencing Commission for the remainder

of the term expiring October 31, 2005, vice Diana E. Murphy,

resigned.

Appdx. A-20

3. Susan L. Moore,of Texas, to be an Alternate

Representative of the United States of America to the 59th

Session of the General Assembly of the United Nations.

Submitted September 21, 40 Weekly Comp. Pres. Doc. 2141

(Sept 21, 2004).

l. William A. Moorman, of Virginia, to be a Judge of the

U.S. Court of Appeals for Veterans Claims for the term of 15

years, vice Kenneth 3. Kramer, term expired.

Submitted September 23, 40 Weekly Comp. Pres. Doc. 2141-

42 (Sept. 23, 2004).

1. Dan Arvizu, of Colorado, to be a member of the

National Science Board, National Science Foundation for a

term expiring May 10, 2010, vice Maxine L. Savitz, term

expired.

2. Steven C. Beering, of Indiana, to be a member-.of the

National Science Board, National Science Foundation for a

term expiring May 10, 2010 (reappointment).

3. Gerald Wayne Clough, of Georgia, to be a member of

the National Science Board, National Science Foundation for

a.term expiring May 10, 2010, vice Anita K. Jones, term

expired.

a Ryan C. Crocker, of Washington, a career member of

the Senior Foreign Service, class of Career Minister, to be

Ambassador Extraordinary and Plenipotentiary of the United

States of America to the Islamic Republic of Pakistan.

5. Kelvin Kay Droegemeier, of Oklahoma, to be a

member of the National Science Board, National Science

Foundation for a term expiring May 10, 2010, vice Robert C.

Richardson, term expired.

6. Louis J. Lanzerotti, of New Jersey, to be a member of

the National Science Board, National Science Foundation for

a term expiring May 10, 2010, vice George M. Langford, term

expired.

Appdx. A-21

7. Alan I. Leshner, of Maryland, to be a member of the

National Science Board, National Science Foundation for a

term expiring May 10, 2010, vice Luis Sequeira,term expired.

8. Buddie J. Penn, of Virginia, to be an Assistant

Secretary of the Navy, vice H.T. Johnson.

9. Marcie B. Ries,of the District of Columbia, a career

member of the Senior Foreign Service, class of Minister-

Counselor, to be Ambassador Extraordinary and

Plenipotentiary of the United States of America to the Republic

of Albania.

10. Jon C. Strauss, of California, to be a mernber of the

National Science Board, National Science Foundation for a

term expiring May 10, 2010, vice Joseph A. Miller, Jr., term

expired.

11. Kathryn D. Sullivan, of Ohio, to be a member of the

National Science Board, National Science Foundation for a

term expiring May 10, 2010, vice Pamela A. Ferguson.

Submitted October 5, 40 Weekly Comp. Pres. Doc. 2286 (Oct.

5, 2004).

l. 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.

2. Ronald Rosenfeld, of Oklahoma, to be a Director of the

Federal Housing Finance Board for the remainder of the term

expiring February 27, 2009, vice John Thomas Korsmo,

resigned.

Submitted October 7,40 Weekly Comp. Pres. Doc. 2286 (Oct.

7, 2004).

I. Harold Damelin, of Virginia, to be Inspector General,

Department of the Treasury, vice Jeffrey Rush, Jr., resigned.

Appdx. A-22

2. Edward L. Flippen, of Virginia, to be Inspector

General, Corporation for National and Community Service,

vice J. Russell George.

3. Frederick William Hatfield, of California, to be a

Commissioner of the Commodity Futures Trading Commission

for the term expiring April 13, 2008, vice Thomas J. Erickson,

term expired.

4. Brian David Miller, of Virginia, to be Inspector

General, General Services Administration, vice Daniel R.

Levinson.

5. Jorge A. Plasencia, of Florida, to be a member of the

Advisory Board for Cuba Broadcasting for a term expiring

October 27, 2006, vice Joseph Francis Glennon, term expired.

Withdrawn October 7, 40 Weekly Comp. Pres. Doc. 2286 (Oct.

7, 2004).

l. James B. Cunningham, of Pennsylvania, a career

member of the Senior Foreign Service, class of Career

Minister, to be Representative of the United States of America

to the Vienna office of the United Nations, with the rank of

Ambassador, and to be Representative of the United States of

America to the International Atomic Energy Agency, with the

rank of Ambassador, which were sent to the Senate on April 8,

2004.

Submitted October 8, 40 Weekly Comp. Pres. Doc. 2286 (Oct.

8, 2004).

l. Carolyn L. Gallagher, of Texas, to be a Governor of the

U.S. Postal Service for the remainder of the term expiring

December 8, 2005, vice Erensta Ballard, resigned.

2. Louis J. Giuliano, of New York, to be a Governor of the

U.S. Postal Service for a term expiring December 8, 2009, vice

Albert Casey.

Declared Federal Emergencies or Major Disasters (26)

Appdx. A-23

1. Declared Major Disaster in the Commonwealth of

Virginia, 40 Weekly Comp. Pres. Doc. 1817 (Sept. 3, 2004).

2. Declared Major Disaster in Florida, 40 Weekly Comp.

Pres. Doc. 1920 (Sept. 4, 2004).

3. Declared Major Disaster in North Carolina, 40 Weekly

Comp. Pres. Doc. 1921 (Sept. 10, 2004).

4. Declared Major Disaster in South Carolina, 40 Weekly

Comp. Pres. Doc. 2033 (Sept. 16, 2004).

2. Declared Major Disaster in Alabama, 40 Weekly Comp.

Pres. Doc. 2033 (Sept. 16, 2004).

6. Declared Major Disaster in Florida, 40 Weekly Comp.

Pres. Doc. 2033 (Sept. 16, 2004).

7. Declared Major Disaster in Louisiana, 40 Weekly

Comp. Pres. Doc. 2033 (Sept. 16, 2004).

8. Declared Major Disaster in Mississippi, 40 Weekly

Comp. Pres. Doc. 2033 (Sept. 16, 2004).

9. Declared Major Disaster in Georgia, 40 Weekly Comp.

Pres. Doc. 2139 (Sept. 18, 2004).

10. Declared Major Disaster in North Carolina, 40 Weekly

Comp. Pres. Doc. 2139 (Sept. 18, 2004).

11. Declared Two Major Disasters in the Commonwealth

of Pennsylvania, 40 Weekly Comp. Pres. Doc. 2139-40 (Sept.

19, 2004).

12. Declared Major Disaster in West Virginia, 40 Weekly

Comp. Pres. Doc. 2140 (Sept. 20, 2004).

13. | Declared Major Disaster in Vermont, 40 Wweenty'( Comp.

Pres. Doc. 2140 (Sept. 23, 2004).

14. Declared Major Disaster in Georgia, 40 Weekly Comp.

Pres. Doc. 2141 (Sept. 24, 2004).

15. Declared Major Disaster in Florida, 40 Weekly Comp.

Pres. Doc. 2205 (Sept. 26, 2004).

16. Declared Major Disaster in Kansas, 40 Weekly Comp.

Pres. Doc. 2206 (Sept. 30, 2004).

Appdx. A-24

17. Declared Two Major Disasters in New York, 40

Weekly Comp. Pres. Doc. 2284 (Oct. 2, 2004).

18. Declared Major Disaster in New Jersey, 40 Weekly

Comp. Pres. Doc. 2284 (Oct. 2, 2004).

19. | Declared Increase in Federal Funding Available for

Previous Major Disaster in Florida, 49 Weekly Comp. Pres.

Doc. 2286 (Oct. 7, 2004).

20. Declared Major Pisaster in South Carolina, 40 Weekly

Comp. Pres. Doc. 2286 (Oct. 7, 2004).

21. Declared liajor Disaster in Minnesota, 40 Weekly

Comp. Pres. Doc. 2286 (Oct. 7, 2004).

22. Declared Major Disaster in the U.S. Virgin Islands, 40

Weekly Comp. Pres. Doc. 2286 (Oct. 7, 2004).

23. | Declared Major Disaster in Tennessee, 40 Weekly

Comp. Pres. Doc. 2286 (Oct. 7, 2004).

24. Declared Major Disaster in the Commonwealth of

Virginia, 40 Weekly Comp. Pres. Doc. 2529 (Oct. 18, 2004)

Communications to Congress (12)

l. Supplemental budget request to support comprehensive

response and recovery efforts after Hurricane Charley, letter

transmitting, 40 Weekly Comp. Pres. Doc. 1856 (Sept. 6,

2004).

2. Budget amendments, letter transmitting, 40 Weekly

Comp. Pres. Doc. 1894 (Sept. 7, 2004) :

3. Iraq, notification of intent to designate as a beneficiary

developing country for purposes of the Generalized System of

Preferences, message transmitting, 40 Weekly Comp. Pres.

Doc. 1894 (Sept. 7, 2004)

4. Barbados-U.S. Taxation Convention, message

transmitting second protocol amending, 40 Weekly Comp.

Pres. Doc. 1980 (Sept. 13, 2004).

Appdx. A-25

5. Emergency supplemental appropriations requests, letter

transmitting, 40 Weekly Comp. Pres. Doc. 1994 (Sept. 14,

2004).

6. Libya, message on termination of national emergency,

40 Weekly Comp. Pres. Doc. 2607 (Sept. 20, 2004)

7. Terrorism, message on continuation of national

emergency with respect to persons who commit, threaten to

commit, or support, 40 Weekly Comp. Pres. Doc. 2083 (Sept.

21, 2004).

8. Energy Department, letter transmitting budget

amendment, 40 Weekly Comp. Pres. Doc. 2139 (Sept. 24,

200 4).

9. Budget request to support comprehensive response and

recovery efforts after Hurricane Jeanne, 40 Weekly Comp.

Pres. Doc. 2262 (Oct. 5, 2004).

10. Budget request to support comprehensive response and

recovery efforts after Hurncane Jeanne, 40 Weekly Comp.

Pres. Doc. 2262 (Oct. 5, 2004)

ll. Terrorist attacks on the United States, continuation of

the national eiiergency, message transmitting notice, 40

Weekly Comp. Pres. Doc. 1919 (Sept. 10, 2004).

12. Letter to Congressional Leaders on Continuation of the

National Emergency With Respect to Significant Narcotics

Traffickers Centered in Colombia, 40 Weekly Comp. Pres.

Doc. 2476 (Oct. 19, 2004). .

Communications to Federal Agencies (21)

l. Combined Federal Campaign, memorandum, 40

Weekly Comp. Pres. Doc. 1863 (Sept. 6, 2004).

2. Continuation of the Exercise of Certain Authorities

Under the Trading With the Enemy Act, memorandum, 40

Weekly Comp. Pres. Doc. 1917 (Sept. 10, 2004).

3. Presidential Determination and _ Certification

Concerning Libya Under Sections of the Arms Export Control

Appdx. A-26

Act and Determination on Export-Import Bank Support for

U.S. Exports to Libya, memorandum, 40 Weekly Comp. Pres.

Doc. 1917 (Sept. 10, 2004).

4. Presidential Determination With Respect to Foreign

Governments’ Efforts Regarding Trafficking in Persons,

memorandum, 40 Weekly Comp. Pres. Doc. 1918 (Sept. 10,

2004).

5. Presidential Determination on Major Drug Transit or

Major Illicit Drug Producing Countries for FY05, 40 Weekly

Comp. Pres. Doc. 1998 (Sept. 15, 2004).

6. Intention te Grant Waiver of the Application of Section

901(j) of the Internal Revenue Code with Respect to Libya,

memorandum, 40 Weekly Comp. Pres. Doc. 2068 (Sept. 20,

2004).

7. Determination and Waiver of Application of Section

908(a)(1) of the Trade Sanctions Reform and Export

Enhancement Act of 2000 with Respect to Libya,

memorandum, 40 Weekly Comp. Pres. Doc. 2169 (Sept. 20,

2004).

8. Government-to-Government Rel tionship with Tribal

Governments, memorandum, 40 Weekly Comp. Pres. Doc.

2106 (Sept. 23, 2004). oe

9. Presidential Determination on Eligibility of the African

Union to Receive Defense Articles and Services Under the

Foreign Assistance Act of 1961, as Amended, and the Arms

Export Control Act, as Amended, 40 Weekly Comp. Pres. Doc.

2131 (Sept. 24, 2004).

10. — Certification Permitting Rescission of Iraq as a Sponsor

of Terrorism, memorandum, 40 Weekly Comp. Pres. Doc.

2138 (Sept. 24, 2004).

Ll. Determination to Make Available Assistance for Sudan,

memoraiuidum, 40 Weekly Comp. Pres. Doc. 2138 (Sept. 24,

2004).

a

Appdx. A-27

12. Transfer of Funds under Section 610 of the Foreign

Assistance Program, 40 Weekly Comp. Pres. Doc. 2198 (Sept.

30, 2004).

13. Presidential Determination on FY 2005 Refugee

Admissions Numbers and Authorizations of In-Country

Refugee Status Pursuant to Sections 207 and 101(a)(42),

respectively, of the Immigration and Nationality Act, and

Determination Pursuant to Section 2(b\(2) of the Migration and

Refugee Assistance Act, as Amended, 40 Weekly Comp. Pres.

Doc. 2197 (Oct. 1, 2004).

14. Determination pursuant to 2(c)(1) of the Migration

Refugee Assistance Act, 40 Weekly Comp. Pres. Doc. 2284

(Oct. 7, 2004).

15. | Waiver and Certification of Statutory Provisions

Regarding the Palestine Liberation Organization, 40 Weekly

Comp. Pres. Doc. 2415 (Oct. 14, 2004).

16. Waiver and Certification of Statutory Provisions

Regarding the Palestine Liberation Organization, 40 Weekly

Comp. Pres. Doc. 2415 (Oct. 14, 2004).

17. Provision of U.S. Drug Interdiction Assistance to the

Government of Brazil, 40 Weekly Comp. Pres. Doc. 2444 (Oct.

lo, 2004).

18. Presidential Determination on Use of Cooperative

Threat Reduction Funds in Albania Under Section 1308 of the

National Defense Authorization Act for Fiscal Year 2004, 40

Weekly Comp. Pres. Doc. 2507 (Oct. 20, 2004).

19. Presidential Determination Relating to Obligation of

Cooperative Threat Reduction Funds in Albania Under Section

1308 of the National Defense Authorization Act for Fiscal Year

2004, 40 Weekly Comp. Pres. Doc. 2508 (Oct. 20, 2004).

20. Delegation of Certain Functions Related to the Sudan

Peace Act, 40 Weekly Comp. Pres. Doc. 2521 (Oct. 21, 2004).

Appdx. A-28

21. | Designation and Authorization To Perform Functions

Under Section 319F-2 of the Public Health Service Act, 40

Weekly Comp. Pres. Doc. 2522 (Oct. 21, 2004).

Executive Notices (3)

l. Continuation of the National Emergency With Respect

to Certain Terrorist Attacks, 40 Weekly Comp. Pres. Doc. 1919

(Sept. 10, 2004)

2. Continuation of the National Emergency With Respect

to Persons Who Commit, Threaten To Commit, or Support

Terrorism, 40 Weekly Comp. Pres. Doc. 2684 (Sept. 21, 2004).

3. Continuation of the National Emergency With Respect

to Significant Narcotics Traffickers Centered in Colombia, 40

Weekly Comp. Pres. Doc. 2475 (Oct. 19, 2004).

Statements (12)

3 Statement Regarding the Millennium Challenge

Account, 40 Weekly Comp. Pres. Doc. 2024 (Sept. 16, 2004)

2. Statement on U.S. Commission on Ocean Policy, final

report, 40 Weekly Comp. Pres. Doc. 2066 (Sept. 21, 2004)

3. Statement on the Senate confirmation of Porter J. Goss

as Director of Central Intelligence, 40 Weekly Comp. Pres.

Doc. 2104 (Sept. 21, 2004)

4. Statement on the Congressional passage of legislation

to extend tax relief, 40 Weekly Comp. Pres. Doc. 2125 (Sept.

21, 2004) )

5. Joint Statement United States of America and the

Islamic Republic of Pakistan, 40 Weekly Comp. Pres. Doc.

2104 (Sept. 23, 2004)

6. Statement to the House of Representatives on a

constitutional amendment on marriage, 40 Weekly Comp. Pres.

Doc. 2175 (Sept. 30, 2004).

7. Statement Regarding the House of Representatives

Action on Legislation to Reinstate the Draft, 40 Weekly Comp.

Pres. Doc. 2261 (Oct. 5, 2004)

Appdx. A-29

8. Statement Regarding the Death of Gordon Cooper, 40

Weekly Comp. Pres. Doc. 2261 (Oct. 5, 2004)

9. Statement Regarding Senate Passage of the National

Intelligence Reform Act, 40 Weekly Comp. Pres. Doc. 2274

(Oct. 6, 2004)

10. Statement Regarding Terrorist Attacks in Egypt, 40

Weekly Comp. Pres. Doc. 2284 (Oct. 8, 2004)

11. Statement Regarding the Death of Christopher Reeve,

40 Weekly Comp. Pres. Doc. 2350 (Oct. 11, 2004).

12. Statement at Leyte Island on the anniversary of the

Allied landing, 40 Weekly Comp. Pres. Doc. 2475 (Oct. 19,

2004). ;

Remarks After Meetings With Foreign Leaders (8)

l. U.N. General Assembly in New York City, 40 Weekly

Comp. Pres. Doc. 2075 (Sept. 21, 2004).

2. Meeting with Prime Minister Singh of India, 40 Weekly

Comp. Pres. Doc. 2075 (Sept. 21, 2004).

3. Meeting with Prime Minister Allawi of Irag, 40 Weekly

Comp. Pres. Doc. 2080 (Sept. 21, 2004).

4. Luncheon with U.N. Secretary Annan in New York

City, 40 Weekly Comp. Pres. Doc. 2082 (Sept. 21, 2004).

a. Reception for Heads of State in New York City, 40

Weekly Comp. Pres. Doc. 2084 (Sept. 21, 2004).

6. Meeting with President Musharraf of Pakistan, 40

Weekly Comp. Pres. Doc. 2104 (Sept. 22, 2004).

+ A Meeting with Prime Minister Allawi of Iraq, 40 Weekly

Comp. Pres. Doc. 2107 (Sept. 23, 2004).

8. News Conference with Prime Minister Allawi of Iraq,

40 Weekly Comp. Pres. Doc. 2107 (Sept. 23, 2004).

Remarks / Radio / Media (101)

Campaign 2004 (70)

l. Remarks in Cedar Rapids, lowa, 40 Weekly Comp.

Pres. Doc. 1819 (Sept. 3, 2004).

Appdx. A-30

y & Remarks in Erie, Pennsylvania, 40 Weekly Comp. Pres.

Doc. 1845 (Sept. 4, 2004).

3. Discussion in Broadview Heights, Ohio, 40 Weekly

Comp. Pres. Doc. 1824 (Sept. 4, 2004).

4. Remarks in Kirtland, Ohio, 40 Weekly Comp. Pres.

Doc. 1839 (Sept. 4, 2004).

” Be Remarks in Parkersburg, West Virginia, 40 Weekly

Comp. Pres. Doc. 1851 (Sept. 5, 2004).

6. Remarks in Poplar Bluff, Missouri, 40 Weekly Comp.

Pres. Doc. 1857 (Sept. 6, 2004).

S Remarks in Columbia, Missouri, 40 Weekly Comp.

Pres. Doc. 1886 (Sept. 7, 2004).

8. Remarks in Lees Summit, Missouri, 40 Weekly Comp.

Pres. Doc. 1863 (Sept. 7, 2004).

9. Discussion in Sedalia, Missouri, 40 Weekly Comp.

Pres. Doc. 1869 (Sept. 7, 2004).

10. Remarks in Johnstown, Pennsylvania, 40 Weekly

Comp. Pres. Doc. 1903 (Sept. 9, 2004).

Il. Remarks in Colmar, Pennsylvania, 40 Weekly Comp.

Pres. Doc. 1896 (Sept. 9, 2004).

12. Remarks in Huntington, West Virginia, 40 Weekly

Comp. Pres. Doc. 1910 (Sept. 10, 2004). ;

13. | Remarks in Chillicothe, Ohio, 40 Weekly Comp. Pres.

Doc. 1943 (Sept. 10, 2004).

14. Remarks in Portsmouth, Ohio, 40 Weekly Comp. Pres.

Doc. 1925 (Sept. 10, 2004).

15. Remarks in Ironton, Ohio, 40 Weekly Comp. Pres. Doc.

1916 (Sept. 10, 2004).

16. Remarks in Battle Creek, Michigan, 40 Weekly C np.

Pres. Doc. 1973 (Sept. 13, 2004).

aS Remarks in Holland, Michigan, 40 Weekly Comp. Pres.

Doc. 1966 (Sept. 13, 2004).

“Appdx. A-31

18. | Remarks in Muskegon, Michigan, 40 Weekly Comp.

Pres. Doc. 1966 (Sept. 13, 2004).

19. Remarks in Greenwood Village, Colorado, 40 Weekly

Comp. Pres. Doc. 1981 (Sept. 14, 2004).

20. Remarks in St. Cloud, Minnesota, 40 Weekly Comp.

Pres. Doc. 1987 (Sept. 16, 2004).

21. Victory Committee Reception, 40 Weekly Comp. Pres.

Doc. 2025 (Sept. 17, 2004).

22. Remarks in Rochester, Minnesota, 40 Weekly Comp.

Pres. Doc. 2018 (Sept. 17, 2004).

23. Discussion in Derry, New Hampshire, 40 Weekly

Comp. Pres. Doc. 2050 (Sept. 20, 2004).

24. _ Rally in New York City, 40 Weekly Comp. Pres. Doc.

2069 (Sept. 20, 2004).

25. Remarks in Latrobe, Pennsylvania, 40 Weekly Comp.

Pres. Doc. 2097 (Sept. 22, 2004).

26. Remarks in Racine, Wisconsin, 40 Weekly Comp. Pres.

Doc. 2143 (Sept. 24, 2004).

27. Remarks in West Chester, Ohio, 40 Weekly Comp.

Pres. Doc. 2164 (Sept. 27, 2004).

28. Remarks in Xenia, Ohio, 40 Weekly Comp. Pres. Doc.

2164 (Sept. 27, 2004).

29. Debate Watch Party in Coral Gables, Florida, 40

Weekly Comp. Pres. Doc. 2195 (Sept. 30, 2004).

30. Remarks in Stuart, Florida, 40 Weekiy Comp. Pres.

Doc. 2174 (Sept. 30, 2004).

31. Presidential Debate in Coral Gables, 40 Weekly Comp.

Pres. Doc. 2175 (Sept. 30, 2004).

32. Remarks in Allentown, Pennsylvania, 40 Weekly

Comp. Pres. Doc. 2198 (Oct. 1, 2004).

33. Remarks in Manchester, NH, 40 Weekly Comp. Pres.

Doc. 2209 (Oct. 1, 2004).

Appdx. A-32

34. Discussion in Mansfield, Ohio, 40 Weekly Comp. Pres.

Doc. 2223 (Oct. 2, 2004).

35. | Remarks in Cuyahoga Falls, lowa, 40 Weekly Comp.

Pres. Doc. 2235 (Oct. 2, 2004).

36. Discussion in Clive, lA, 40 Weekly Comp. Pres. Doc.

2244 (Oct. 4, 2004).

37. | Remarks in Farmington Hills, Michigan, 40 Weekly

Comp. Pres. Doc. 2268 (Oct. 6, 2004).

38. Remarks in Wilkes-Barre, PA, 40 Weekly Comp. Pres.

Doc. 2262 (Oct. 6, 2004).

39. Departure for Wausau, 40 Weekly Comp. Pres. Doc.

2275 (Oct. 7, 2004).

40. Remarks in Wausau, 40 Weekly Comp. Pres. Doc. 2275

(Oct. 7, 2004).

41. | Debate watch party in Ballwin, Missouri, 40 Weekly

Comp. Pres. Doc. 2311 (Oct. 8, 2004).

42. Presidential Debate in St. Louis, Missouri, 40 Weekly

Comp. Pres. Doc. 2289 (Oct. 8, 2004).

43. Remarks in Chanhannses, Minnesota, 40 Weekly

Comp. Pres. Doc. 2324 (Oct. 9, 2004).

44. _ Breakfast for Gubernatorial Candidate Matt Blunt, St.

Louis, Missouri, 40 Weekly Comp. Pres. Doc. 2312 (Oct. 9,

2004). -

45. Remarks in Hobbs, New Mexico, 40 Weekly Comp.

Pres. Doc. 2330 (Oct. 11, 2004).

46. Remarks in Morrison, Colorado, 40 Weekly Comp.

Pres. Doc. 2344 (Oct. 11, 2004).

47. Luncheon for Senatorial Candidate Pete Coors in

Denver, 40 Weekly Comp. Pres. Doc. 2338 (Oct. 11, 2004).

48. Remarks in Paradise Valley, Arizona, 40 Weekly

Comp. Pres. Doc. 2359 (Oct. 12, 2004).

49. Debate watch party in Phoenix, Anzona, 40 Weekly

Comp. Pres. Doc. 2384 (Oct. 13, 2004).

Appdx. A-33

50. Presidential Debate, Tempe, Arizona, 40 aia

Comp. Pres. Doc. 2364 (Oct. 13, 2004).

51. Remarks in Las Vegas, 40 Weekly Comp. Pres. Doc.

2387 (Oct. 14, 2004).

52. Remarks in Reno, Las Vegas, 40 Weekly Comp. Pres.

Doc. 2393 (Oct. 14, 2004).

53. Remarks in Oshkosh, Wisconsin, 40 Weekly Comp.

Pres. Doc. 2415 (Oct. 15, 2004).

54. | Remarks in Cedar Rapids, lowa, 40 Weekly Comp.

Pres. Doc. 2405 (Oct. 15, 2004).

55. | Remarks in Central Point, Oregon, 40 Weekly Comp.

Pres. Doc. 2399 (Oct. 15, 2004).

56. | Remarks in Sunrise, Florida, 40 Weekly Comp. Pres.

Doc. 2425 (Oct. 16, 2004).

57. Remarks in Daytona Beach, Florida, 40 Weekly Comp.

Pres. Doc. 2438 (Oct. 16, 2004).

58. | Remarks in West Palm Beach, 40 Weekly Comp. Pres.

Doc. 2432 (Oct. 16, 2004).

59. Remarks in New Port Richey, Florida, 40 Weekly

Comp. Pres. Doc. 2463 (Oct. 19, 2004).

60. Remarks in St. Petersburg, Florida, 40 Weekly Comp.

Pres. Doc. 2455 (Oct. 19, 2004)

61. Waterloo, lowa, 40 Weekly Comp. Pres. Doc. 2318

(Oct. 19, 2004).

62. Remarks in The Village, Florida, 40 Weekly Comp.

Pres. Doc. 2468 (Oct. 19, 2004).

63. Remarks in Mason City, lowa, 40 Weekly Comp. Pres.

Doc. 2476 (Oct. 20, 2004).

64. Remarks in Rochester, Minnesota, 40 Weekly Comp.

Pres. Doc. 2483 (Oct. 20, 2004).

65. Discussion in Eau Claire, Wisconsin, 40 Weekly Comp.

Pres. Doc. 2493 (Oct. 20, 2004).

Appdx. A-34

66. Remarks in Downingtown, PA, 40 Weekly Comp. Pres.

Doc. 2508 (Oct. 21, 2004).

67. Remarks in Hershey, PA, 40 Weekly Comp. Pres. Doc.

2515 (Oct. 21, 2004).

68. Remarks in Wilkes-Barre, PA, 40 Weekly Comp. Pres.

Doc. 2522 (Oct. 22, 2004).

69. Remarks in Marlton, New Jersey, 40 Weekly Comp.

Pres. Doc. 2446 (Oct. 22, 2004).

70. Remarks in Marlton, New Jersey, 40 Weekly Comp.

Pres. Doc. 2452 (Oct. 22, 2004).

General Remarks (22)

l. Meeting with Congressional Leaders, 40 Weekly

Comp. Pres. Doc. 1895 (Sept. 8, 2004).

2. Visit to the National Hurricane Center in Miami, 40

Weekly Comp. Pres. Doc. 1895 (Sept. 8, 2004).

3. Remarks on Intelligence Reform, 40 Weekly Comp.

Pres. Doc. 1895 (Sept. 8, 2004).

4. Remarks on terrorist attacks in Russia, 40 Weekly

Comp. Pres. Doc. 1953 (Sept. 12, 2004).

5. General Conference of the National Guard Association

of United States in Las Vegas, NV, 40 Weekly Comp. Pres.

Doc. 1987 (Sept. 14, 2004).

6. Message on Rosh Hashanah, 40 Weekly Comp. Pres.

Doc. 1992 (Sept. 14, 2004).

7. Hispanic Heritage Month Reception, 40 Weekly Comp.

Pres. Doc. 1995 (Sept. 15, 2004).

8. Discussion on Health Care in Blaine, Minnesota, 40

Weekly Comp. Pres. Doc. 2007 (Sept. 16, 2004).

9. Discussion on women’s issue in Charlotte, North

Carolina, 40 Weekly Comp. Pres. Doc. 2013 (Sept. 17, 2004).

10. Meeting with First Responders in Orange Beach,

Alabama, 40 Weekly Comp. Pres. Doc. 2409 (Sept. 19, 2004).

Appdx. A-35

11. Discussion on education in King of Prussia,

Pennsylvania, 40 Weekly Comp. Pres. Doc. 2085 (Sept. 22,

2004).

12. Recovery efforts in Millvale, Pennsylvania, 40 Weekly

Comp. Pres. Doc. 2095 (Sept. 22, 2004).

13. Opening of the National Museum of the Native

American, 40 Weekly Comp. Pres. Doc. 2105 (Sept. 23, 2004).

14. | Remarks to Army Reserve and National Guard troops

departing for Iraq in Bangor Maine, 40 Weekly Comp. Pres.

Doc. 2117 (Sept. 23, 2004).

15. Relief efforts for Beslan, Russia, 40 Weekly Comp.

Pres. Doc. 2126 (Sept. 24, 2004).

16. Discussion on Education, Janesville, Wisconsin, 40

Weekly Comp. Pres. Doc. 2126 (Sept. 24, 2004).

17. | Discussion on Education in Springfield, Ohio, 40

Weekly Comp. Pres. Doc. 2152 (Sept. 27, 2004).

18. Inspection of Hurricane Damage in Lake Wales, 40

Weekly Comp. Pres. Doc. 2173 (Sept. 29, 2004).

19. National Association of Homebuilders in Columbus,

Ohio, 40 Weekly Comp. Pres. Doc. 2217 (Oct. 2, 2004).

20. Report on Iraq’s weapons of mass destruction, 40

Weekly Comp. Pres. Doc. 2275 (Oct. 7, 2004).

21. Ramadan Message, 40 Weekly Comp. Pres. Doc. 2411

(Oct. 15, 2004).

22. Address to U.S. Olympic and Paralympic Teams, 40

Weekly Comp. Pres. Doc. 2445 (Oct. 18, 2004).

Radio Addresses (7)

l. Radio Address, 40 Weekly Comp. Pres. Doc. 1839

(Sept. 4, 2004).

2. Radio Address, 40 Weekly Comp. Pres. Doc. 1952

(Sept. 11, 2004).

3. Radio Address, 40 Weekly Comp. Pres. Doc. 2048

(Sept. 18, 2004).

Appdx. A-36

4. Radio Address, 40 Weekly Comp. Pres. Doc. 2151

(Sept. 25, 2004).

5. Radio Address, 40 Weekly Comp. Pres. Doc. 2222

(Oct. 2, 2004).

6. Radio Address, 40 Weekly Comp. Pres. Doc. 2389

(Oct. 14, 2004).

7. Radio Address, 40 Weekly Comp. Pres. Doc. 2424

(Oct. 16, 2004).

Other Media (2)

l. Exchange with Reporters in New York City, 40 Weekly

Comp. Pres. Doc. 2080 (Sept. 21, 2004).

2. Exchange with reporters aboard Air Force One, 40

Weekly Comp. Pres. Doc. 2386 (Oct. 14, 2004).

2006 EXECUTIVE ACTIONS

Executive Orders (3) ot

l. Executive Order: Blocking Property of and Prohibiting

Transactions with the Government of Sudan, 42 Weekly Comp.

Pres. Doc. 1824 (Oct. 13, 2006)

2. Blocking Property of Certain Persons Contributing to

the Conflict in the Democratic Republic of the Congo, Exe.

Order. No. 13, 413, 71 Fed. Reg. 105 (Oct. 31, 2006).

3. Executive Order 13, 414—Amendments to Executive

Order 13, 402, Strengthening Federal Efforts to Protect Against

Identify Theft, 42 Weekly Comp. Pres. Doc. 1984 (Nov. 3,

2006).

Proclamations (35)

1. Proclamation 8047: Patriot Day, 2006, 42 Weekly

Comp. Pres. Doc. 1589 (Sept. 7, 2006).

2. Proclamation 8048: National Historically Black

Colleges and Universities Week, 2006, 42 Weekly Comp. Pres.

Doc. 1595 (Sept. 8, 2006).

3. Proclamation 8049: National Hispanic Heritage Month,

2006, 42 Weekly Comp. Pres. Doc. 1605 (Sept. 14, 2006).

Appdx. A-37

4 Proclamation 8050: Constitution Day and Citizenship

Day, Constitution Week, 2006, Weekly Comp. Pres. Doc. 1606

(Sept. 14, 2006).

5. Proclamation 8051: National POW / MIA Recognition

Day, 2006, 42 Weekly Comp. Pres. Doc. 1607 (Sept. 14,

2006).

6. Proclamation 8052: National Farm Safety and Health

Week, 2006, 42 Weekly Comp. Pres. Doc. 1625 (Sept. 15,

2006).

7. Proclamation 8053: Literacy Day, 2006, 42 Weekly

Comp. Pres. Doc. 1625 (Sept. 15, 2006).

8. Proclamation 8054: Gold Star Mother’s Day, 2006, 42

Weekly Comp. Pres. Doc. 1640 (Sept. 20, 2006).

9. Proclamation 8055: National Employer Support of the

Guard and Reserve Week, 2006, 42 Weekly Comp. Pres. Doc.

1651 (Sept. 21, 2006).

10. Proclamation 8056: Family Day, 2006, 42 Weekly

Comp. Pres. Doc. 1663 (Sept. 22, 2006).

ll. Proclamation 8057: Child Health Day, 2006, 42 Weekly

Comp. Pres. Doc. 1687 (Sept. 28, 2006)

12. Proclamation 8058: National Domestic Violence

Awareness Month, 2006, 42 Weekly Comp. Pres. Doc. 1704

(Sept. 29, 2006).

13. Proclamation 8059: National Breast Cancer Awareness

Month, 2006, 42 Weekly Comp. Pres. Doc. 1732 (Oct. 3,

2006).

14. Proclamation 8060: National Disability Employment

Awareness Month, 2006, 42 Weekly Comp. Pres. Doc. 1733

(Oct. 3, 2006).

15. Proclamation 8061: German-American Day, 2006, 42

Weekly Comp. Pres. Doc. 1733 (Oct. 3, 2006).

16. Proclamation 8062: Fire Prevention Week, 2006, 42

Weekly Comp. Pres. Doc. 1756 (Oct. 4, 2006).

Appdx. A-38

17. Proclamation 8063: Leif Erikson Day, 2006, 42 Weekly

Comp. Pres. Doc. 1749 (Oct. 4, 2006).

18. Proclamation 8064: National School Lunch Week,

2006, 42 Weekly Comp. Pres. Doc. 1755 (Oct. 5, 2006).

19. Proclamation 8065: Columbus Day, 2006, 42 Weekly

Comp. Pres. Doc. 1756 (Oct. 5, 2006).

20. Proclamation 8066: General Pulaski Memorial Day,

2006, 42 Weekly Comp. Pres. Doc. 1799 (Oct. 11, 2006).

21. Proclamation 8067: To Modify Rules of Origin Under

the North Atlantic Free Trade Agreement, 42 Weekly Comp.

Pres. Doc. 1800 (Oct. 11, 2006).

22. Proclamation 8068: National Energy Awareness Month,

2006, 42 Weekly Comp. Pres. Doc. 1813 (Oct. 12, 2006).

23. Proclamation 8069: White Cane Safety Day, 2006, 42

Weekly Comp. Pres. Doc. 1814 (Oct. 12, 2006).

24. —_ Proclamation 8070: National Character Counts Week,

2006, 42 Weekly Comp. Pres. Doc. 1823 (Oct. 13, 2006).

25. Proclamation 8071: National Forest Products Week,

2006, 42 Weekly Comp. Pres. Doc. 1823 (Oct. 13, 2006).

26. —_ Proclamation 8072: 50th Anniversary of the Hungarian

Revolution, 2006, 42 Weekly Comp. Pres. Doc. 1844 (Oct. 18,

2006).

27. Proclamation 8073: United Nations Day, 2006, 42

Weekly Comp. Pres. Doc. 1867 (Oct. 20, 2006).

28. — Proclamation 8074: National Adoption Month, 2006, 42

Weckly Comp. Pres. Doc. 1929 (Oct. 30, 2006).

29. Proclamation 8075: National Alzheimer’s Disease

Awareness Month, 2006, 42 Weekly Comp. Pres. Doc. 1930

(Oct. 30, 2006).

30. Proclamation 8076: National American Indian Heritage

Month, 2006, 42 Weekly Comp. Pres. Doc. 1930 (Oct. 30,

2006).

Appdx. A-39

31. Proclamation 8077: National Diabetes Month, 2006, 42

Weekly Comp. Pres. Doc. 1931 (Oct. 30, 2006).

32. Proclamation 8078: National Family Caregivers Month,

2006, 42 Weekly Comp. Pres. Doc. 1932 (Oct. 30, 2006).

33. Proclamation 8079: National Hospice Month, 2006, 42 —

Weekly Comp. Pres. Doc. 1936 (Oct. 30, 2006).

34. Proclamation 8080: Veterans Day, 2006, 42 Weekly

Comp. Pres. Doc. 1943 (Oct. 31, 2006).

35. Proclamation 8081: World Freedom Day, 2006, 42

Weekly Comp. Pres. Doc. 1958 (Nov. 2, 2006).

Signed Legislation (91)

I. President Bush signs YouthBuild Transfer Act, S. 3534

/ Public Law 109-281, 42 Weekly Comp. Pres. Doc. 1662

(Sept. 22, 2006).

2. President Bush signs Federal Funding Accountability

and Transparency Act of 2006, S: 2590 / Public Law 109-282,

42 Weekly Comp. Pres. Doc. 1701 (Sept. 26, 2006).

3. President Bush signs United States-Oman Free Trade

Agreement Implementation Act, H.R. 5684 / Public Law 109-

283, 42 Weekly Comp. Pres. Doc. 1701 (Sept. 26, 2006).

4. President Bush signs Federal Funding Accountability

and Transparency Act of 2006, 42 Weekly Comp. Pres. Doc.

1666 (Sept. 26, 2006).

5. President Bush signs act To make technical corrections

to the United States Code, H.R. 866 / Public Law 109-284, 42

Weekly Comp. Pres. Doc. 1701 (Sept. 27, 2006).

6. President Bush signs Abraham _ Lincoln

Commemorative Coin Act, H.R. 2808 / Public Law 109-285,

42 Weekly Comp. Pres. Doc. 1701 (Sept. 27, 2006).

7. President Bush signs Pueblo de San Ildefonso Claims

Settlement Act of 2005, S. 1773 / Public Law 109-286, 42

Weekly Comp. Pres. Doc. 1701 (Sept. 27, 2006).

Appdx. A-40

8. President Bush signs Fourteenth Dalai Lama

Congressional Gold Medal Act, S. 2784 / Public Law 109-287,

42 Weekly Comp. Pres. Doc. 1701 (Sept. 27, 2006).

9. President Bush signs Child and Family Services

Improvement Act of 2006, S. 3525 / Public Law 109-288, 42

Weekly Comp. Pres. Doc. 1701 (Sept. 28, 2006).

10. President Bush signs Department of Defense

Appropriations Act, 2007, H.R. 5631 / Public Law 109-289, 42

Weekly Comp. Pres. Doc. 1701 (Sept. 29, 2006).

11. President Bush signs Military Personnel Financial

Services Protection Act, S. 418 / Public Law 109-290, 42

Weekly Comp. Pres. Doc. 1701 (Sept. 29, 2006).

12. President Bush signs Credit Rating Agency Reform Act

of 2006, S. 3850 / Public Law 109-291, 42 Weekly Comp.

Pres. Doc. 1701 (Sept. 29, 2006).

13. - President Bush signs “Department of Defense

Appropriations Act, 2007,” H.R. 5631,42 Weekly Comp. Pres.

Doc. 1703 (Sept. 29, 2006).

14. President Bush-signs Third Higher Education Extension

Act of 2006, H.R. 6138 / Public Law 109-292, 42 Weekly

Comp. Pres. Doc. 1762 (Sept. 30, 2006).

15. President Bush signs Iran Freedom Support Act, H.R.

6198 / Public Law 109-293, 42 Weekly Comp. Pres. Doc. 1762

(Sept. 30, 2006).

16. President Bush signs Partners for Fish and Wildlife Act,

S. 260 / Public Law 109-294, 42 Weekly Comp. Pres. Doc.

1762 (Oct. 3, 2006).

17. President Bush signs “Department of Homeland

Security Appropriations Act, 2007,” H.R. 5441/Public Law

109-295, 42 Weekly Comp. Pres. Doc. 1742 (Oct. 4, 2006).

18. President Bush signs Act To reauthorize the Livestock

Mandatory Reporting Act of 1999 and to amend the swine

Appdx. A-4]

reporting provisions of that Act, H.R. 3408 / Public Law 109-

296, 42 Weekly Comp. Pres. Doc. 1762 (Oct. 5, 2006).

19. President Bush signs Act To extend the deadline for

commencement of construction of a hydroelectric project in the

State of Alaska, S. 176 / Public Law109-297, 42 Weekly

Comp. Pres. Doc. 1762 (Oct. 5, 2006).

20. President Bush Signs Act To extend the deadline for

commencement of construction of a hydroelectric project in

the State of Wyoming, S. 244 / Public Law 109-298, 42

Weekly Comp. Pres. Doc. 1762 (Oct. 5, 2006).

21. President Bush signs the Wichita Project Equus Beds

Division Authorization Act of 2005, S. 1025 / Public Law 109-

299, 42 Weekly Comp. Pres. Doc. 1762 (Oct. 5, 2006).

22. President Bush signs act to designate the facility of the

United States Postal Service located at 7172 North Tongass

Highway, Ward Cove, Alaska, as the “Alice R. Brusich Post

Office Building,” S. 1275 / Public Law 109-300, 42 Weekly

Comp. Pres. Doc. 1762 (Oct. 5, 2006).

23. President Bush signs act to designate the facility of the

United States Postal Service located on Lindbald Avenue,

Girdwood, Alaska, as the “Dorothy and Connie Hibbs Post

Office Building,” S. 1323 / Public Law 109-301, 42 Weekly

Comp. Pres. Doc. 1763 (Oct. 5, 2006).

24. President Bush signs act to designate the facility of the

United States Postal Service located at 8801 Sudley Road in

Manassas, Virginia, as the “Harry J. Parrish Post Office,” S.

2690 / Public Law 109-302, 42 Weekly Comp. Pres. Doc. 1763

(Oct. 5, 2006).

25. President Bush signs Copyright Royalty Judges

Program Technical Corrections Act, H.R. 1036 / Public Law

109-303, 42 Weekly Comp. Pres. Doc. 1763 (Oct. 6, 2006).

26. President Bush signs act to complete the codification of

title 46, United States Code, “Shipping”, as positive law, H.R.

Appdx. A-42

1442 / Public Law 109-304, 42 Weekly Comp. Pres. Doc. 1763

(Oct. 6, 2006).

27. President Bush signs Railroad Retirement Technical

Improvement Act of 2006, H.R. 5074 / Public Law 109-305, 42

Weekly Comp. Pres. Doc. 1763 (Oct. 6, 2006).

28. President Bush signs act to amend the John F. Kennedy

Center Act to authorize additional appropriations for the John

F. Kennedy Center for the Performing Arts for fiscal year

2007, H.R. 5187 / Public Law 109-306, 42 Weekly Comp.

Pres. Doc. 1763 (Oct. 6, 2006).

29. President Bush signs Children's Hospital GME Support

Reauthorization Act of 2006, H.R. 5574 / Public Law 109-307,

42 Weekly Comp. Pres. Doc. 1763 (Oct. 6, 2006).

30. President Bush signs Pets Evacuation and

Transportation Standards Act of 2006, H.R. 3858 / Public Law

109-308, 42 Weekly Comp. Pres. Doc. 1821 (Oct. 6, 2006).

31. President Bush signs act to amend the Ojito Wilderness

Act to make a technical correction, H.R. 4841 / Public Law

109-309, 42 Weekly Coinp. Pres. Doc. 1821 (Oct. 6, 2006).

32. President Bush signs act to designate the Post Office

located at 5755 Post Road, East Greenwich, Rhode Island, as

the “Richard L. Cevoli Post Office,” S. 3187 / Public Law 109-

310, 42 Weekly Comp. Pres. Doc. 1821 (Oct. 6, 2006).

33. President Bush signs act to designate the facility of the

United States Postal Service located at 2951 New York

Highway 43 in Averill Park, New York, as the “Major George

Quamo Post Office Building,” S. 3613 / Public Law 109-311,

42 Weekly Comp. Pres. Doc. 1821 (Oct. 6, 2006).

34. President Bush signs Trademark Dilution Revision Act

of 2006, H.R. 683 / Public Law 109-312, 42 Weekly Comp.

Pres. Doc. 1821 (Oct. 6, 2006).

Appdx. A-43

35. President Bush signs General Services Administration

Modernization Act, H.R. 2066 / Public Law 109-313, 42

Weekly Comp. Pres. Doc. 1821 (Oct. 6, 2006).

36. President Bush signs National Law Enforcement

Officers Memorial Maintenance Fund Act of 2005, H.R. 2107

/ Public Law 109-314, 42 Weekly Comp. Pres. Doc. 1821 (Oct.

6, 2006).

37. President Bush signs act to designate the facility of the

United States Postal Service located at 110 Cooper Street in

Babylon, New York, as the “Jacob Samuel Fletcher Post Office

Building,” H.R. 5664 / Public Law 109-315, 42 Weekly Comp.

Pres. Doc. 1821 (Oct. 10, 2006).

38. President Bush signs act to extend temporarily certain

authorities of the Small Business Administration, H.R. 6159 /

Public Law 109-316, 42 Weekly Comp. Pres. Doc. 1821 (Oct.

10, 2006).

39. President Bush authorizes the Secretary of the Interior

to study the suitability and feasibility of designating Castle

Nugent Farms located on St. Croix, Virgin Islands, as a unit of

the National Park System, and for other purposes, H.R. 318 /

Public Law 109-317, 42 Weekly Comp. Pres. Doc. 1821 (Oct.

11, 2006).

40. President Bush signs act to amend the Yuma Crossing

National Heritage Area Act of 2000 to adjust the boundary of

the Yuma Crossing National Heritage Area, and for other

purposes, H.R. 326 / Public Law 109-318, 42 Weekly Comp.

Pres. Doc. 1821 (Oct. 11, 2006).

41. President Bush signs Ste. Genevieve County National

Historic Site Study Act of 2005, H.R. 1728 / Public Law 109-

319, 42 Weekly Comp. Pres. Doc. 1821 (Oct. 11, 2006).

42. President Bush signs Salt Cedar and Russian Olive

Control Demonstration Act, H.R. 2720 / Public Law 109-320,

42 Weekly Comp. Pres. Doc. 1821 (Oct. 11, 2006).

Appdx. A-44

43. President Bush signs act to direct the Secretary of the

Interior to convey certain water distribution facilities to the

Northern Colorado Water Conservancy District, H.R. 3443 /

Public Law 109-321, 42 Weekly Comp. Pres. Doc. 1821 (Oct.

11, 2006).

44. ‘President Bush signs North American Wetlands

Conservation Reauthorization Act of 2006, H.R. 5539 / Public

Law 109-322, 42 Weekly Comp. Pres. Doc. 1821 (Oct. 11,

2006).

45. President Bush signs act To extend the waiver authority

for the Secretary of Education under title 1V, section 105, of

Public Law 109-148, H.R. 6106 / Public Law 109-323, 42

Weekly Comp. Pres. Doc. 1821 (Oct. 11, 2006).

46. President Bush signs Rio Arnba County Land

Conveyance Act, S. 213 / Public Law 109-324, 42 Weekly

Comp. Pres. Doc. 1821 (Oct. 11, 2006).

47. President Bush signs act to extend relocation expenses

test programs for Federal employees, S. 2146 / Public Law

109-325, 42 Weekly Comp. Pres. Doc. 1821 (Oct. 11, 2006).

48. President Bush signs Great Lakes Fish and Wildlife

Restoration Act of 2006, S. 2430 / Public Law 109-326, 42

Weekly Comp. Pres. Doc. 1821 (Oct. 11, 2006).

49. _ President Bush signs act to designate the facility of the

United States Postal Service located at 6101 Liberty Road in

Baltimore, Maryland, as the “United States Representative

Parren J. Mitchell Post Office,” H.R. 4109 / Public Law 109-

327, 42 Weekly Comp. Pres. Doc. 1821, (Oct. 12, 2006).

50. President Bush signs act to designate the facility of the

United States Postal Service located at 110 North Chestnut

Street in Olathe, Kansas, as the “Governor John Anderson, Jr.

Post Office Building,” H.R. 4674 / Public Law 109-328, 42

Weekly Comp. Pres. Doc. 1821 (Oct. 12, 2006).

Appdx. A-45

51. President Bush signs act to designate the facility of the

United States Postal Service located at 350 Uinta Drive in

Green River, Wyoming, as the “Curt Gowdy Post Office

Building,” H.R. 5224 / Public Law 109-329, 42 Weekly Comp.

Pres. Doc. 1822 (Oct. 12, 2006).

52. President Bush signs act to designate the facility of the

United States Postal Service located at 6029 Broadmoor Street

in Mission, Kansas, as the “Larry Winn, Jr. Post Office

Building,” H.R. 5504 / Public Law 109-330, 42 Weekly Comp.

Pres. Doc. 1822 (Oct. 12, 2006).

53. President Bush signs act to designate the United States

courthouse to be constructed in Greenville, South Carolina, as

the “Carroll A. Campbell, Jr. United States Courthouse,” H.R.

5546 / Public Law 109-331,42 Weekly Comp. Pres. Doc. 1822

(Oct. 12, 2006).

54. President Bush signs act to designate the Federal

building and United States courthouse located at 221 and 211

West Ferguson Street in Tyler, Texas, as the “William M.

Steger Federal Building and United States Courthouse,” H.R

5606 / Public Law 109-332,42 Weekly Comp. Pres. Doc. 1822

(Oct. 12, 2006).

55. President Bush signs act to designate the facility of the

' nited States Postal Service located at 950 Missouri Avenue

in East St. Louis, Illinois, as the “Katherine Dunham Post

Office Building,” H.R. 5929 / Public Law 109-333, 42 Weekly

Comp. Pres. Doc. 1822 (Oct. 12, 2006).

56. President Bush signs act to designate the facility of the

United States Postal Service located at 39-25 61st Street in

Woodside, New York, as the “Thomas J. Manton Post Office

Building,” H.R. 6033 / Public Law 109-334, 42 Weekly Comp.

Pres. Doc. 1822 (Oct. 12, 2006).

57. President Bush signs act to designate the Federal

building and United States courthouse located at 2 South Main

Appdx. A-46

Street in Akron, Ohio, as the “John F. Seiberling Federal

Building and United States Courthouse,” H.R. 6051 / Public

Law 109-335, 42 Weekly Comp. Pres. Doc. 1822 (Oct. 12,

2006).

58. President Bush signs act to designate the facility of the

United States Postal Service located at 101 East Gay Street in

West Chester, Pennsylvania, as the “Robert J. Thompson Post

Office Building,” H.R. 6075 / Public Law 109-336, 42 Weekly

Comp. Pres. Doc. 1822 (Oct. 12, 2006).

59. President Bush signs Rio Grande Natural Area Act, S.

56 / Public Law 109-337, 42 Weekly Comp. Pres. Doc. 1822

(Oct. 12, 2006).

60. President Bush signs National Heritage Areas Act of

2006, 42 Weekly Comp. Pres. Doc. 1815 (Oct. 12, 2006).

61. President Bush signs Rio Grand Natural Area Act of

2006, 42 Weekly Comp. Pres. Doc. 1815 (Oct. 13, 2006).

62. President Bush signs act to designate the United States

courthouse at 300 North Hogan Street, Jacksonville, Florida, as

the “John Milton Bryan Simpson United States Courthouse,”

H.R. 315 / Public Law 109-339, 42 Weekly Comp. Pres. Doc.

1864 (Oct. 13, 2006).

63. President Bush signs act to authorize the Government

of Ukraine to establish a memorial on Federal land in the

District of Columbia to honor the victims of the manmade

famine that occurred in Ukraine in 1932-1933, H.R. 562 /

Public Law 109-340, 42 Weekly Comp. Pres. Doc. [864 (Oct.

13, 2006).

64. President Bush signs act to designate a portion of the

Federal building located at 2100 Jamieson Avenue, in

Alexandria, Virginia, as the “Justin W. Williams United States

Attomey's Building,” H.R. 1463-/ Public Law 109-341, 42

Weekly Comp. Pres. Doc. 1864 (Oct. 13, 2006).

Appdx. A-47

65. President Bush signs act to designate the Federal

building located at 320 North Main Street in McAllen, Texas,

as the “Kika de la Garza Federal Building,” H.R. 2322 / Public

Law 109-343, 42 Weekly Comp. Pres. Doc. 1864 (Oct. 13,

2006). ,

66. President Bush signs Darfur Peace and Accountability

Act of 2006, H.R. 3127 / Public Law 109-344, 42 Weekly

Comp. Pres Doc. 1864 (Oct. 13, 2006).

67. President Bush signs act to designate the facility of the

United States Postal Service located at 777 Corporation Street

in Beaver, Pennsylvania, as the “Robert Linn Memorial Post

Office Building,” H.R. 4768 / Public Law 109-345, 42 Weekly

Comp. Pres. Doc. 1864 (Oct. 13, 2006).

68. President Bush signs act to designate the facility of the

United States Postal Service located at 105 North Quincy

Street in Clinton, Illinois, as the “Gene Vance Post Office

Building,” H.R. 4805 / Public Law 109-346, 42 Weekly Comp.

Pres. Doc. 1864 (Oct. 13, 2006).

69. President Bush signs Security and Accountability for

Every Port Act of 2006, H.R. 4954 / Public Law 109-347, 42

Weekly Comp. Pres. Doc. 1864 (Oct. 13, 2006).

70. President Bush signs act to designate the Investigations

Building of the Food and Drug Administration located at 466

Fernandez Juncos Avenue in San Juan, Puerto Rico, as the

“Andres Toro Building,” H.R. 5026 / Public Law 109-348, 42

Weekly Comp. Pres. Doc. 1864 (Oct. 13, 2006).

71. President Bush signs act to designate the facility of the

United States Postal Service located at 202 East Washington

Street in Morris, Illinois, as the “Joshua A.Terando Morris Post

Office Building,” H.R. 5428 / Public Law 109-349, 42 Weekly

Comp. Pres. Doc. 1864 (Oct. 13, 2006).

72. President Bush signs act to designate the facility of the

United States Postal Service located at 40 South Walnut Street

Appdx. A-48

in Chillicothe, Ohio, as the “Larry Cox Post Office,” H.R. 5434

/ Public Law 109-350, 42 Weekly Comp. Pres. Doc. 1864 (Oct.

13, 2006).

73. President Bush signs Financial Services Regulatory

Relief Act of 2006, S. 2856 / Public Law109-351, 42 Weekly

Comp. Pres. Doc. 1865 (Oct. 13, 2006).

74. President Bush signs Wright Amendment Reform Act

of 2006, S. 3661 / Public Law 109-352, 42 Weekly Comp.

Pres. Doc. 1865 (Oct. 13, 2006).

75. President Bush signs North Korea Nonproliferation Act

of 2006, S. 3728 / Public Law 109-353, 42 Weekly Comp. .

Pres. Doc. 1865 (Oct. 13, 2006).

76. President Bush signs act to revise the boundaries of

John H. Chafee Coastal Barner Resources System Jekyll Island

Unit GA-06P, H.R. 138 / Public Law 109-354, 42 Weekly

Comp. Pres. Doc. 1865 (Oct. 16, 2006).

77. President Bush signs act to replace a Coastal Barrier

Resources System map relating to Coastal Barner Resources

System Grayton Beach Unit FL-95P in Walton County,

Slorida, H.R. 479 / Public Law 109-355, 42 Weekly Comp.

Pres. Doc. 1865 (Oct. 16, 2006).

78. President Bush signs 2005 District of Columbia

Omnibus Authorization Act, H.R. 3508 / Public Law 109-356,

42 Weekly Comp. Pres. Doc. 1865 (Oct. 16, 2006).

79. President Bush signs Byron Nelson Congressional Gold

Medal Act, H.R. 4902 / Public Law 109-357, 42 Weekly

Comp. Pres. Doc. 1865 (Oct. 16, 2006).

80. President Bush signs Lake Mattamuskeet Lodge

Preservation Act, H.R. 5094 / Public Law 109-358, 42 Weekly

Comp. Pres. Doc. 1865 (Oct. 16, 2006).

81. President Bush signs Long Island Sound Stewardship

Act of 2006, H.R. 5160 / Public Law 109-359, 42 Weekly

Comp. Pres. Doc. 1865 (Oct. 16, 2006).

Appdx. A-49

82. President Bush signs National Fish Hatchery System

Volunteer Act of 2006, H.R. 5381 / Public Law 109-360, 42

Weekly Comp. Pres. Doc. 1865 (Oct. 16, 2006).

83. President Bush signs Veterans’ Compensation Cost-of-

Living Adjustment Act of 2006, S. 2562 / Public Law 109-361,

42 Weekly Comp. Pres. Doc. 1865 (Oct. 16, 2006).

84. President Bush signs Northern California Coastal Wild

Heritage Wilderness Act, H.R. 233 / Public Law 109-362, 42

Weekly Comp. Pres. Doc. 1865 (Oct. 17, 2006).

85. President Bush signs act to direct the Secretary of the

Interior to convey the Tylersville division of the Lamar

National Fish Hatchery and Fish Technology Center to the

State of Pennsylvania, and for other purposes, H.R. 4957 /

Public Law 109-363, 42 Weekly Comp. Pres. Doc. 1865 (Oct.

17, 2006).

86. President Bush signs John Warner National Defense

Authorization Act for Fiscal Year 2007, H.R. 5122 / Public

Law 109-364, 42 Weekly Comp. Pres. Doc. 1865 (Oct. 17,

2006). :

87. President Bush signs Older Americans Act

Amendments of 2006, H.R. 6197 / Public Law 109-365, 42

Weekly Comp. Pres. Doc. 1865 (Oct. 17, 2006).

88. President Bush signs Military Commissions Act of

2006, S. 3930 / Public Law 109-366, 42 Weekly Comp. Pres.

Doc. 1865 (Oct. 17, 2006).

9. President Bush signs SAFE Port Act of 2006, 42

Weekly Comp. Pres. Doc. 1817 (Oct. 13, 2006).

90. President Bu.a signs the Northern California Costal

Wild Heritage Wilderness Act of 2006, 42 Weekly Comp. Pres.

Doc. 1836 (Oct. 17, 2006).

91. President Bush signs Secure Fence Act of 2006, 42

Weekly Comp. Pres. Doc. 1906 (Oct. 26, 2006).

Announced Intentions to Nominate (29) or Designate (1)

Appdx. A-50

l. The President announced his intention to nominate

Frank Baxter to be Ambassador to Uruguay, 42 Weekly Comp.

Pres. Doc. 1621 (Sept. 12, 2006).

2. The President announced his intention to nominate

Michele Davis to be Assistant Secretary of the Treasury

(Public Affairs), 42 Weekly Comp. Pres. Doc. 1621 (Sept. 14,

2006).

3. The President announced his intention to nominate

Caroline C. Hunter to be Commissioner of the Election

Assistance Commission, 42 Weekly Comp. Pres. Doc. 1621

(Sept. 14, 2006).

4. The President announced his intention to nominate

David Palmer to be a Commissioner of the Equal Employment

Opportunity Commission, 42 Weekly Comp. Pres. Doc. 1621

(Sept. 14, 2006).

5. The President announced his intention to nominate

—<—-Michael J. Astrue to be Commissioner of Social Security, 42

Weekly Comp. Pres. Doc. 1621 (Sept. 14, 2006).

6. The President announced his intention to nominate Ned

L. Siegel, Norman B. Coleman, and Barbara Boxer to be U.S.

Representatives to the 61st Session of the United Nations

General Assembly, 42 Weekly Comp. Pres. Doc. 1621 (Sept.

14, 2006).

7. The President announced his intention to nominate

Barbara McConnell Barrett and Cecil E. Floyd to be Alternate

U.S. Representatives to the 61st Session of the United Nations

General Assembly, 42 Weekly Comp. Pres. Doc. 1621 (Sept.

14, 2006).

8. The President announced his intention to nominate

Mark J. Warshawsky and Dana K. Bilyeu to be members of the

Social Security Advisory Board, 42 Weekly Comp. Pres. Doc.

1659 (Sept. 19, 2006).

Appdx. A-51

9. The President announced his intention to nominate the

following individuals to be members of the Board of Directors

of the Inter-American Foundation: Kay Kelley Armold (Public

Representative); Gary C. Biyner (Public Representative);

Thomas Joseph Dodd (Public Representative); Hector E.

Morales (Government Representative); John P. Salazar (Public

Representative); Thomas A. Shannon, Jr., (Government

Representative); and Jack Vaughn (Public Representative), 42

Weekly Comp. Pres. Doc. 1659 (Sept. 19, 2006).

10. The President announced his intention to nominate

Curtis S. Chin to be U.S. Director of the Asian Development

Bank with the rank of Ambassador, 42 Weekly Comp. Pres.

Doc. 1659 (Sept. 21, 2006).

11. The President announced his intention to nominate

Steven R. Chealander to be a member of the National

Transportation Safety Board (Qualified), 42 Weekly Comp.

Pres. Doc. 1659 (Sept. 21, 2006).

12. The President announced his intention to nominate

Ronald Spogli to be Ambassador to San Marino, 42 Weekly

Comp. Pres. Doc. 1659 (Sept. 21, 2006).

13. | The President announced his intention to nominate

Craig Stapleton to be Ambassador to Monaco, 42 Weekly

Comp. Pres. Doc. 1659 (Sept. 21, 2006).

14. —_ The President announced his intention to designate Paul

J. Hutter as Acting General Counsel of the Department of

Veterans Affairs, 42 Weekly Comp. Pres. Doc. 1659 (Sept. 21,

2006).

15. The President announced his intention to nominate

Kevin M. Kolevar to be Assistant Secretary of Energy

(Electricity Delivery and Energy (Reliability), 42 Weekly

Comp. Pres. Doc. 1698 (Sept. 26, 2006).

16. The President announced his intention to nominate Jane

C. Luxton to be Assistant Secretary of Commerce for Oceans

Appdx. A-52

and Atmosphere, 42 Weekly Comp. Pres. Doc. 1698 (Sept. 26,

2006).

17. The President announced his intention to nominate

Phillip L. Swagel to be Assistant Secretary of the Treasury

(Economic Policy), 42 Weekly Comp. Pres. Doc. 1698 (Sept.

26, 2006).

18. | The President announced his intention to nominate

Thurgood Marshall, Jr., to be a Governor of the Board of

Governors of the U.S. Postal Service, 42 Weekly Comp. Pres.

Doc. 1698 (Sept. 26, 2006).

19. The President announced his intention to nominate

Dana Gioia to be Chairperson of the National Endowment for

the Arts, 42 Weekly Comp. Pres. Doc. 1699 (Sept. 28, 2006).

20. The President announced his intention to nominate Eric

D. Eberhardto be a member of the Board of Trustees of the

Morris K. Udall Scholarship and Excellence in National

Environmental Policy Foundation, 42 Weekly Comp. Pres.

Doc. 1699 (Sept. 28, 2006).

21. +The President announced his intention to nominate

Robert F. Hoyt to be General Counsel for the Department of

the Treasury, 42 Weekly Comp. Pres. Doc. 1699 (Sept. 29,

2006). |

22. The President announced his intention to nominate

Charles E. Dorkey, III, to be a member of the Advisory Board

of the Saint Lawrence Seaway

Development Corporation, 42 Weekly Comp. Pres.

Doc. 1761 (Oct. 5, 2006).23. The President announced his

intention to nominate Katherine Almquist to be Assistant

Administrator of the U.S. Agency for International

Development (Bureau of Africa), 42 Weekly Comp. Pres. Doc.

1863 (Oct. 19, 2006).

24. The President announced his intention to nominate Dan

Gregory Blair to be a member of the Postal Rate Commission

—

Appdx. A-53

and, upon confirmation, to designate him as Chairman, 42

Weekly Comp. Pres. Doc. 1974 (Nov. 2, 2006).

25. The President announced his intention to nominate

Scott A. Keller to be Assistant Secretary of Housing and Urban

Development (Congressional and _ Intergovernmental

Relations), 42 Weekly Comp. Pres. Doc. 1974 (Nov. 2, 2006).

26. The President announced his intention to nominate Paul

A. Schneider to be Under Secretary for Management at the

Department of Homeland Security, 42 Weekly Comp. Pres.

Doc. 1974 (Nov. 2, 2006).

27. The President announced his intention to nominate the

following individuals to be members of the National Council

on the Arts: Benjamin Donenberg; Foreststorn Hamilton; Joan

Israelite; Charlotte P. Kessler; Robert Bretley Lott; and

William Francis Price, Jr., 42 Weekly Comp. Pres. Doc. 1974

(Nov. 2, 2006).

28. The President announced his intention to nominate

Anthony W. Ryan to be Assistant Secretary of the Treasury

(Financial Markets), 42 Weekly Comp. Pres. Doc. 2039 (Nov.

6, 2006).

29. The President announced his intention to nominate

Leon R. Sequeira to be Assistant Secretary of Labor (Policy),

42 Weekly Comp. Pres. Doc. 2039 (Nov. 6, 2006).

Nominations Submitted To (31) or Withdrawn From (3) the

Senate

Submitted September 13, 42 Weekly Comp. Pres. Doc. 1622

(Sept. 13, 2006).

l. Frank Baxter, of California, to be Ambassador

Extraordinary and Plenipotentiary of the United States of

America to the Oriental Republic of Uruguay.

2. Thomas M. Hardiman, of Pennsylvania, to be U.S.

Circuit Judge for the Third Circuit.

Appdx. A-54

Submitted September 15, 42 Weekly Comp. Pres. Doc. 1622

(Sept. 15, 2006).

- Michael J. Astrue, of Massachusetts, to be

Commissioner of Social Security for a term expiring January

19, 2013. -

2. Caroline C. Hunter, of Florida, to be a member of the

Election Assistance Commission for a term expiring December

12, 2009. —

3. David Palmer, of Maryland, to be a member of the

Equal Employment Opportunity Commission for a term

expiring July 1, 2011.

Submitted September 20, 42 Weekly Comp. Pres. Doc. 1660

(Sept. 20, 2006).

l. Kay Kelley Arnald, of Arkansas, to be a member of the

Board of Directors of the Inter-American Foundation for aterm

expiring October 6, 2010 (reappointment).

2. Dana K. Bilyeu, of Nevada, to be a member of the

Social Security Advisory Board for a term expiring September

30, 2010.

3. Barbara Boxer, of California, to be a Representative of

the United States of America to the Sixty-first Session of the

General Assembly of the United Nations.

4. Gary C. Bryner, of Utah, to be a member of the Board

of Directors of the Inter-American Foundation for a term

expiring June 26, 2008.

5. Norman B. Coleman, of Minnesota, to be a

Representative of the United States of America to the Sixty-

first Session of the General Assembly of the United Nations.

6. Thomas Joseph Dodd, of the District of Columbia, to be

a member of the Board of Directors of the Inter-American

Foundation for a term expiring June 26, 2008.

Appdx. A-55

5 Cecil E. Floyd, of South Carolina, to be an Alternate

Representative of the United States of America to the Sixty-

first Session of the General Assembly of the United Nations.

“8. Hector E. Morales, of Texas, to be a member of the

Board of Directors of the Inter-American Foundation for a term

expiring September 20, 2010.

9. John P. Salazar, of New Mexico, to be a member of the

Board of Directors of the Inter-American Foundation for a term

expiring September 20, 2012.

10. Thomas A. Shannon, Jr., of Virginia, a career member

of the Senior Foreign Service, class of Minister-Counselor, to

be a member of the Board of Directors of the Inter-American

Foundation for a term expiring September 20, 2012.

11. Jack Vaughn, of Texas, to be a member of the Board of

Directors of the Inter-American Foundation for a term expiring

September 20, 2012 (reappointment).

12. Mark J. Warshawsky, of Maryland, to be a member of

the Social Security Advisory Board for a term expiring

September 30, 2012.

Withdrawn September 20, 42 Weekly Comp. Pres. Doc. 1661

(Sept. 20, 2006).

l. Nadine Hogan, of Florida, to be a member of the Board

of Directors of the Inter-American Foundation for a term

expiring June 26, 2008.

2. Nadine Hogan, of Florida, to be a member of the Board

of Directors of the Inter-American Foundation for a term

expiring June 26, 2008 (reappointment).

3. John E. Maupin, Jr., of Tennessce, to be a member of

the Social Security Advisory Board for a term expiring

September 30, 2010. |

Submitted September 21, 42 Weekly Comp. Pres. Doc. 1661

(Sept. 21, 2006).

Appdx. A-56

l. Steven R. Chealander, of Texas, to be a member of the

National Transportation Safety Board for the remainder of the

term expiring December 31, 2007.

2. Curtis S. Chin, of New York, to be U.S. Director of the

Asian Development Bank, with the rank of Ambassador.

3. Ronald Spogli, of California, to serve concurrently and

without additional compensation as Ambassador Extraordinary

and Plenipotentiary of the United States of America to the

Republic of San Marino.

4. Craig Roberts Stapleton, of Connecticut, to serve

concurrently and without additional compensation as

Ambassador Extraordinary and Plenipotentiary of the United

States of America to Monaco.

Submitted September 26, 42 Weekly Comp. Pres. Doc. 1699

(Sept. 26, 2006).

l. Kevin M. Kolevar, of Michigan, to be an Assistant

Secretary of Energy (Electricity Delivery and Energy

Reliability).

2. Jane C. Luxton, of Virginia, to be Assistant Secretary

of Commerce for Oceans and Atmosphere.

3. Thurgood Marshall, Jr., of Virginia, to be a Governor

of the U.S. Postal Service for a term expiring December 8,

2011.

4. Phillip L. Swagel, of Maryland, to be an Assistant

Secretary of the Treasury.

Submitted September 28, 42 Weekly Comp. Pres. Doc. 1700

(Sept. 28, 2006).

l. Michele A. Davis, of Virginia, to be an Assistant

Secretary of the Treasury.

2. Eric D. Eberhard, of Washington, 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, 2012.

Appdx. A-57

3. Dana Gioia, of California, to be Chairperson of the

National Endowment for the Arts for a term of 4 years

(reappointment).

Submitted September 29, 42 Weekly Coinp. Pres. Doc. 1700

(Sept. 29, 2006).

a John Roberts Hackman, of Virginia, to be U.S. Marshal

for the Eastern District of Virginia for the term of 4 years.

2. Robert F. Hoyt, of Maryland, to be General Counsel for

the Department of the Treasury.

3. William Lindsay Osteen, Jr., of North Carolina, to be

U.S. District Judge for the Middle District of North Carolina.

4. Martin Karl Reidinger, of North Carolina, to be U.S.

District Judge for the Western District of North Carolina.

5. Thomas D. Schroeder, of North Carolina, to be U.S.

District Judge for the Middle District of North Carolina.

Recess Appointments (2)

a President Bush recess appointed Richard E. Stickler of

West Virginia to be Assistant Secretary of Mine Safety at the

Department of Labor, 42 Weekly Comp. Pres. Doc. 1863 (Oct.

19, 2006).

2. The President Bush recess appointed Jeffrey R. Brown

of Illinois to be Member of the Social Security Advisory

Board, 42 Weekly Comp. Pres. Doc. 1863 (Oct. 19, 2006).

Announced Intention to Appoint Non-principal Officers

(25) |

l. The President announced his intention to appoint

Joseph B. Gildenhorn and Susan Hutchison as members of the

Board of Trustees of the Woodrow Wilson International Center

for Scholars, 42 Weekly Comp. Pres. Doc. 1621 (Sept. 12,

2006).

2. The President announced his intention to appoint Frank

D. Stella as a member of the Board of Governors of the United

Appdx. A-58

Service Organizations, Inc.,42 Weekly Comp. Pres. Doc. 1622

(Sept. 14, 2006).

3. The President announced his intention to appoint Duane

R. Roberts, Jean Kennedy Smith, and Wilma E. Bernstein as

members of the Board of Trustees of the John F. Kennedy

Center for the Performing Arts, 42 Weekly Comp. Pres. Doc.

1622 (Sept. 14, 2006).

4. The President announced that he has named Jeremy

Katz and Myriah Jordan as Special Assistants to the President

for Policy, 42 Weekly Comp. Pres. Doc. 1622 (Sept. 14, 2006).

5. The President announced his designation of the

following individuals as members of a Presidential delegation

to Ukraine to attend the commemoration of the 65th anniverary

of the tragedy in Babyn Yar on September 27: Margaret

Spellings (head of delegation); William B. Taylor, Jr.; Gregg

Rickman; Fred S. Zeidman; and Vincent Obsitnik, 42 Weekly

Comp. Pres. Doc. 1659 (Sept. 18, 2006).

6. The President announced his intention to designate

Sylvester J. Schieber as Chairman of the Social Security

Advisory Board, 42 Weekly Comp. Pres. Doc. 1659 (Sept. 19,

2006).

A The President announced his intention to designate Jack

Vaughn as Vice Chairman of the Board of Directors of the

Inter-American Foundation, 42 Weekly Comp. Pres. Doc. 1659

(Sept. 19, 2006).

8. The President announced his designation of the

following individuals as members of a delegation to Beirut,

Lebanon, to visit areas affected by recent conflict and to meet

with Prime Minister Fuad Siniora of Lebanon and business

leaders to discuss rebuilding priorities: Dina Powell (head of

delegation); Jeffrey Feltman; John T. Chambers; Yousif

Ghafari; and Ray Irani, 42 Weekly Comp. Pres. Doc. 1698

(Sept. 23, 2006).

Appdx. A-59

9. The President announced his designation of the

following individuals as members of a Presidential delegation

to Budapest, Hungary, to attend the 50th anniversary of the

Hungarian Revolution on October 23: George E. Pataki (head

of delegation); April H. Foley; Peter K. Gogolak; and Steven

F. Udvar-Hazy, 42 Weekly Comp. Pres. Doc. 1698 (Sept. 25,

2006).

10. The President announced that he has named Tony

Fratto as Deputy Assistant to the President and Deputy Press

Secretary, 42 Weekly Comp. Pres. Doc. 1698 (Sept. 26, 2006).

11. | The President announced his intention to appoint the

following individuals as members of the Advisory Commission

on Drug-Free Communities: Catherine Thatcher Brunson

(Public); Dennis Griffith (National Substance Abuse Reduction

Organization); Steve Moak (National Substance Abuse

Reduction Organization); and Janet R. Wood (State Substance

Abuse Reduction Organization), 42 Weekly Comp. Pres. Doc.

1699 (Sept. 28, 2006).

12. The President announced his intention to appoint Mary

E. Peters as a member of the Amtrak Reform Board, 42

Weekly Comp. Pres. Doc. 1760 (Oct. 2, 2006).

13. The President announced his intention to designate

Stanley E. Taylor as Chairman of the Commission on

Presidential Scholars, 42 Weekly Comp. Pres. Doc. 1761 (Oct.

5, 2006).

14. —_ The President announced his intention to appoint Mark

B. Murphy as a member of the Advisory Board of the National

Air and Space Museum, 42 Weekly Comp. Pres. Doc. !761

(Oct. 5, 2006).

15. | The President announced his intention to appoint Debra

Lynn Crisp as a member of the Klamath River Compact

Commission (Federal Representative) and, upon appointment,

Appdx. A-60

to designate her as Chairman, 42 Weekly Comp. Pres. Doc.

1761 (Oct. 5, 2006).

16. The President announced his intention to appoint

Steven M. Colloton as a member of the Board of Trustees of

the James Madison Memorial Fellowship Foundation (Federal

Judiciary), 42 Weekly Comp. Pres. Doc. 1761 (Oct. 5, 2006).

17. The President announced that he has named David

Broome as Special Assistant to the President for Legislative

Affairs, 42 Weekly Comp. Pres. Doc. 1819 (Oct. 12, 2006).

18. The President announced that he has named Gordon

Johndroe as Special Assistant to the President and National

Security Council Press Secretary, 42 Weekly Comp. Pres. Doc.

1819 (Oct. 12, 2006).

19. The President announced that he has named Richard

Klingler as Senior Associate Counsel to the President and

National Security Council Legal Advisor and General Counsel,

42 Weekly Comp. Pres. Doc. 1819 (Oct. 12, 2006).

20. The President announced that he has named Bobby

Pittman, Jr., as Special Assistant to the President for African

Affairs of the National Security Council, 42 Weekly Comp.

Pres. Doc. 1819 (Oct. 12, 2006).

21. The President announced his intention to appoint the

following individuals as members of the Board of Trustees of

the John F. Kennedy Center for the Performing Arts: Elliott

Bryan Broidy; Emilio Estefan, Jr.; Sheldon B. Kamins; James

V. Kimsey; Norman Y. Mineta; and Stephen A.Wynn, 42

Weckly Comp. Pres. Doc. 1973 (Oct. 30, 2006).

22. The President announced his designation of the -

following individuals as members of the Presidential

delegation to observe the Presidential and legislative elections

in Managua, Nicaragua, on November 5: Paul Trivelli; J.

Bennett Johnston; and Bill Paxon, 42 Weekly Comp. Pres.

Doc. 1974 (Nov. 2, 2006).

Appdx. A-61

23. The President announced his intention to appoint Juan

Carlos Iturregui and Leonard Sands as members of the

President's Export Council, 42 Weekly Comp. Pres. Doc. 1974

(Nov. 2, 2006).

24. The President announced that he has named Craig M.

Albright as Special Assistant to the President for Legislative

Affairs, 42 Weekly Comp. Pres. Doc. 1974 (Nov. 3, 2006).

25. The President announced that he has named Ross Kyle

as Special Assistant to the President for Cabinet Liaison, 42

Weekly Comp. Pres. Doc. 1974 (Nov. 3, 2006).

Resignations/Retirements (1)

l. Statement on the Retirement of Chief Usher Gary

Walters, 42 Weekly Comp. Pres. Doc. 1877 (Oct. 27, 2006).

Declared Federal Emergencies or Major Disasters (10)

l. The President declared a major disaster in .\rizona and

ordered Federal aid to supplement State and local recovery

efforts in the area struck by severe storms and flooding from

July 25 to August 4, 42 Weekly Comp. Pres. Doc. 1591 (Sept.

7, 2006).

2. The President declared a major disaster in Virginia and

ordered Federal aid to supplement Commonwealth and local

recovery efforts in the area struck by severe storms and

flooding, including severe storms and flooding associated

with Tropical Depression Emesto, from August 29 to

September 7, 42 Weekly Comp. Pres. Doc. 1660 (Sept. 22,

2006).

3. The President declared a major disaster in Indiana and

ordered Federal aid to supplement State and local recovery

efforts in the area struck by severe storms and flooding from

September 12-14, 42 Weekly Comp. Pres. Doc. 1761 (Oct. 6,

2006).

4. The President declared an emergency in New York and

ordered Federal aid to supplement State and local response

Appdx. A-62

efforts in the area struck by a lake-effect snowstorm on

October 12 and continuing, 42 Weekly Comp. Pres. Doc. 1862

(Oct 15, 2006).

5. The President declared a major disaster in Alasl.« and

ordered Federal aid to supplement State and local recovery

efforts in the area struck by severe storms, flooding, landslides,

and mudslides on August 15-25, 42 Weekly Comp. Pres. Doc.

1862 (Oct. 16, 2006).

6. The President declared a major disaster in Hawaii and

ordered Federal aid to supplement State and local recovery

efforts in the area struck by an earthquake on Octuber 15 and

related aftershocks, 42 Weekly Comp. Pres. Doc. 1862 (Oct.

17, 2006).

7. The President declared a major disaster in New York

and ordered Federal aid to supplement State and local recovery

efforts in the area struck by severe storms and flooding on

October 12-13 and continuing, 42 Weekly Comp. Pres. Doc.

1905 (ct. 24. 2006).

8. The President declared a major disaster in Alaska and

ordered Federal aid to supplement State and local recovery

efforts in the area struck by a fire from August 3-4, 42 Weekly

Comp. Pres. Doc. 1906 (Oct. 27, 2006).

9. The President declared a major disaster in Missouri and

ordered Federal aid to supplement State and local recovery

efforts in the area struck by severe storms on July 19-21, 42

Weekly Comp. Pres. Doc. 1974 (Nov. 2, 2006).

10. The President declared a major disaster in Louisiana

and ordered Federal aid to supplement State and local recovery

efforts in the area struck by severe storms and flooding on

October 16 and continuing, 42 Weekly Comp. Pres. Doc. 1974

(Nov. 2, 2006).

Communications to Congress (17)

Appdx. A-63

1. Letter to the Speaker of the House of Representatives

Transmitting Budget Amendments for the Federal Coordinator

for Gulf Coast Rebuilding Office, 42 Weekly Pres. Doc. 1641

(Sept. 20, 2006). :

2. Message to Congress on Continuation of the National

Emergency With Respect to Persons Who Commit, Threaten

To Commit, or Support Terrorism, 42 Weekly Comp. Pres.

Doc. 1653 (Sept. 21, 2006).

3. Message to the Senate Transmitting the United States-

European Union Agreement on Extradition, 42 Weekly Comp.

Pres. Doc. 1678 (Sept. 27, 2006).

4. Message to the Senate Transmitting the United States-

European Union Agreement on Mutual Legal Assistance, 42

Weekly Comp. Pres. Doc. 1677 (Sept. 27, 2006).

5. Message to the Senate Transmitting the Protocol

Amending the Denmark-United States Taxation Convention,

42 Weekly Comp. Pres. Doc. 1709 (Sept. 29, 2006)

6. Message to the Congress Transmitting the District of

Columbia’s Fiscal Year 2007 Budget Request, 42 Weekly

Comp. Pres. Doc. 1706 (Sept. 29, 2006)

7. Message to the Senate Transmitting the Estonia-United

States Extradition Treaty, 42 Weekly Comp. Pres. Doc. 1710

(Sept. 29, 2006)

8. Message to the Senate Transmitting the Protocol

Amending the Finland-United States Taxation Convention, 42

Weekly Comp. Pres. Doc. 1709 (Sept. 29, 2006)

9. Message to the Senate Transmitting the Protocol

Amending the Germany-United States Taxation Convention,

42 Weekly Comp. Pres. Doc. 1710 (Sept. 29, 2006)

10. Message to the Senate Transmitting the Latvia-United

States Extradition Treaty, 42 Weekly Comp. Pres. Doc. 1711

(Sept. 29, 2006)

Appdx. A-64

11. | Message to the Senate Transmitting the Malta-United

States Extradition Treaty, 42 Weekly Comp. Pres. Doc. 1711

(Sept. 29, 2006)

12. _ Letter to Congressional Leaders on Blocking Property

of and Prohibiting Transactions With the Government of

Sudan, 42 Weekly Comp. Pres. Doc. 1826 (Oct. 13, 2006).

13. Letter to Congressional Leaders on Continuation of the

National Emergency With Respect to Significant Narcotics

Traffickers Centered in Colombia, 42 Weekly Comp. Pres.

Doc. 1855 (Oct. 19, 2006).

14. Letter to Congressional Leaders Reporting on Blocking

Property of Certain Persons Contributing to the Conflict in the

Democratic Republic of the Congo, 42 Weekly Comp. Pres.

Doc. 1935 (Oct. 27, 2006). |

15. Letter to Congressional Leaders on Continuation of the

National Emergency Regarding the Proliferation of Weapons

of Mass Destruction, 42 Weekly Comp. Pres. Doc. 1907 (Oct.

27, 2006).

16. Notice to the Speaker of the House of Representatives

and President of the Senate of Continued National Emergency

Regarding the Proliferation of Weapons of Mass Destruction,

42 Weekly Comp. Pres. Doc. 1917 (Oct. 27, 2006).

17. | Continuation of National Emergency With Respect to

Sudan, 42 Weekly Comp. Pres. Doc. 1945 (Nov. 1, 2006).

Communications to Federal Agencies (12)

l. Memorandum on the 2006 Combined Federal

Campaign, 42 Weekly Comp. Pres. Doc. 1601 (Sept. 13, 2006).

2. Memorandum on Continuation of the Exercise of

Certain Authorities Under the Trading With the Enemy Act, 42

Weekly Comp. Pres. Doc. 1601 (Sept. 13, 2006).

3. Presidential Determination on Major Drug Transit or

Major Illicit Drug Producing Countries for Fiscal Year 2007

_Appdx. A-65

(Memorandum for the Secretary of State), 42 Weekly Comp.

Pres. Doc. 1627 (Sept. 15, 2006).

4. Memorandum to the Secretary of State on Presidential

Determination With Respect to Foreign Governments’ Efforts

Regarding Trafficking in Persons, 42 Weekly Comp. Pres.

Doc. 1675 (Sept. 26, 2006). ;

5. Memorandum for the Heads of Executive Departments

and Agencies on the Extension of the Safety, Health, and

Return-to-Employment (SHARE) Initiative, 42 Weekly Comp.

Pres. Doc. 1705 (Sept. 29, 2006)

6. Memorandum for the Secretary of State and the

Secretary of Defense re: Presidential Determination on

Drawdown of Commodities and Services From the Department

of Defense To Support Transport of Indonesian Peacekeeping

Forces to Lebanon, 42 Weekly Comp. Pres. Doc. 1708 (Sept.

29, 2006) .

7. Memorandum for the Secretary of State on Waiving

Prohibition on United States Military Assistance With Respect

to Various Parties to the Rome Statute Establishing the

International Criminal Court, 42 Weekly Comp. Pres. Doc.

1708 (Sept. 29, 2006)

8. Memorandum for the Secretary of State and the

Secretary of Commerce on Promoting Sustainable Fisheries

and Ending Destructive Fishing Practices, 42 Weekly Comp.

Pres. Doc. 1718 (Oct. 2, 2006)

9. Memorandum for the Secretary of State: Presidential

Determination on FY 2007 Refugee Admissions Numbers and

Authorizations of In-Country Refugee Status, 42 Weekly

Comp. Pres. Doc. 1801 (Oct. 11, 2006).

10. Memorandum for the Secretary of State Regarding

Waiver and Certification of Statutory Provision Regarding the

Palestinian Liberation Organization Office, 42 Weekly Comp.

Pres. Doc. 1818 (Oct. 13, 2006).

Appdx. A-66

11. | Memorandum to the Secretaries of Defense and State

on the Provision of United States Drug Interdiction Assistance

to the Government of Brazil, 42 Weekly Comp. Pres. Doc.

1830 (Oct. 16, 2006).

12. | Memorandum to U.S. Trade Rep. on Determinations

Under Sec. 1 106(a) of the Omnibus Trade and Competitiveness

Act of 1988—Socialist Republic of Vietnam, 42 Weekly

Comp. Pres. Doc. 2022 (Nov. 6, 2006).

Statements (31)

l. Statement on the Visit of Prime Minister Tony Blair of |

the United Kingdom to the Middle East, 42 Weekly Comp.

Pres. Doc. 1597 (Sept. 9, 2006).

2. Statement on the House of Representatives Action on

the “Federal Funding Accountability and Transportation Act of

2006,” 42 Weekly Comp. Pres. Doc. 1601 (Sept. 13, 2006).

3. Statement on House of Representative Action on

Reform Earmarking Rules, 42 Weekly Comp. Pres. Doc. 1605

(Sept. 14, 2006).

4. Statement on Senate Action on the “Port Security

Improvement Act of 2006,” 42 Weekly Comp. Pres. Doc. 1605

(Sept. 14, 2006).

5. Statement on the Death of Ann Richards, 42 =

Comp. Pres. Doc. 1605 (Sept. 14, 2006).

6. Statement on Senate Action on the United States-Oman

Free Trade Agreement, 42 Weekly Comp. Pres. Doc. 1639

(Sept. 19, 2006).

7. Statement on Senate Confirmation of Alice S. Fisher To

Be Assistant Attorney General for the Criminal Division at the

Department of Justice, 42 Weekly Comp. Pres. Doc. 1639

(Sept. 19, 2006).

8. Statement on the Creation of the United States-China

Strategic Economic Dialogue, 42 Weekly Comp. Pres. Doc.

1640 (Sept. 20, 2006).

Appdx. A-67

9. Remarks on Senate Action on the “Military

Commissions Act of 2006” in Orlando, Florida, 42 Weekly

Comp. Pres. Doc. 1646 (Sept. 21, 2006).

10. Message on the Observance of Rosh Hashanah, 5767,

42 Weekly Comp. Pres. Doc. 1651 (Sept. 21, 2006).

11. Statement on Senate Confirmation of Kenneth

Wainstein To Be Assistant Attorney General for National

Security at the Department of Justice, 42 Weekly Comp. Pres.

Doc. 1658 (Sept. 22, 2006).

12. Statement on the Report of the Commission on the

Future of Higher Education, 42 Weekly Comp. Pres. Doc. 1674

(Sept. 26, 2006).

13. Statement on the Death of Byron Nelson, 42 Weekly

Comp. Pres. Doc. 1674 (Sept. 26, 2006).

14. | Statement on House of Representatives Action on the

“Military Commissions Act of 2006,” 42 Weekly Comp. Pres.

Doc. 1676 (Sept. 27, 2006).

15. Statement on Senate Action on the “Military

Commissions Act of 2006,” 42 Weekly Comp. Pres. Doc. 1687

(Sept. 28, 2006). —

16. Statement on Congressional Action on the “Department

of Defense Appropriations Act, 2007,” 42 Weekly Comp. Pres.

Doc. 1698 (Sept. 29, 2006).

17. Statement on Signing the Department of Defense

Appropriations Act, 2007, 42 Weekly Comp. Pres. Doc. 1703

(Sept. 29, 2006).

18. Statement on Congressional Action on the “Iran

Freedom Support Act,” 42 Weekly Comp. Pres. Doc. 1707

(Sept. 30, 2006).

19. Statement on Senate Confirmation of Mary Peters To

Be Secretary of Transportation, 42 Weekly Comp. Pres. Doc.

1707 (Sept. 30, 2006).

Appdx. A-68

20. Statement on Signing the Department of Homeland

Security Appropriations Act, 2007, 42 Weekly Comp. Pres.

Doc. 1742 (Oct. 4, 2006).

21. Statement on Signing the National Heritage Areas Act

of 2006, 42 Weekly Comp. Pres. Doc. 1815 (Oct. 12, 2006).

22. Statement on Signing the Rio Grande Natural Area Act,

42 Weekly Comp. Pres> Doc. 1815 (Oct. 12, 2006).

23. Statement on Signing the SAFE Port Act, 42 Weekly

Comp. Pres. Doc. 1817 (Oct. 13, 2006).

24. Statement: President Declares Certain Areas of New

York Qualify for Federal Disaster Relief Assistance (Oct. 15,

2006).

25. Statement: President Declares Certain Areas of Alaska

Qualify for Federal Disaster Relief Assistance (Oct. 16, 2006).

26. Statement on Signing the John Warner National

Defense Authorization Act for Fiscal Year 2007, 42 Weekly

Comp. Pres. Doc. 1836 (Oct. 17, 2006).

27. Statement on Signing the Northern California Coastal

Wild Heritage Wilderness Act, 42 Weekly Comp. Pres. Doc.

1836 (Oct. 17, 2006).

28. Statement: President Declares Certain Areas of Hawaii

Qualify for Federal Disaster Relief Assistance (Oct. 17, 2006).

29. Statement on the Population of the United States

‘Reaching 300 Million, 42 Weekly Comp. Pres. Doc. 1837 (Oct.

17, 2006).

30. — Statement: President Declares Certain Parishes in

Louisiana Qualify for Federal Disaster Relief Assistance, 42

Weekly Comp. Pres. Doc. 1974 (Nov. 2, 2006).

31. Statement: President Declares Certain Areas of

Missouri Qualify for Federal Disaster Relief Assistance, 42

Weekly Comp. Pres. Doc. 1974 (Nov. 22006).

Meetings With Foreign Leaders (19)

Appdx. A-69

l. Remarks Following Discussions With President Roh

Moo-hyun of South Korea and an Exchange With Reporters,

42 Weekly Comp. Pres. Doc. 1602 (Sept. 14, 2006).

2. Remarks Following Discussions With Prime Minister

Abdullah bin Ahmad Badawi of Malaysia in New York City,

42 Weekly Comp. Pres. Doc. 1632 (Sept. 18, 2006).

3. Remarks Following Discussions With President Jacques

Chirac of France and an Exchange With Reporters in New

York City, 42 Weekly Comp. Pres. Doc. 1632 (Sept. 19, 2006).

4. Remarks Following Discussions With President Jalal

Talabani of Iraq in New York City, 42 Weekly Comp. Pres.

Doc. 1638 (Sept. 19, 2006).

5. Remarks Following Discussion With President

Mahmoud Abbas of the Palestinian Authority in New York

City, 42 Weekly Comp. Pres. Doc. 1639 (Sept. 20, 2006).

6. The President’s News Conference With President

Pervez of Musharraf of Pakistan, 42 Weekly Comp. Pres. Doc.

1653 (Sept. 22, 2006).

¥ The President's News Conference With President

Hamid Karzai of Afghanistan, 42 Weekly Comp. Pres. Doc.

1668 (Sept. 26, 2006).

8. Remarks Prior to Discussions With President Hamid

Karzai of Afghanistan and President Pervez Musharraf of

Pakistan, 42 Weekly Comp. Pres. Doc. 1677 (Sept. 27, 2006).

9. Remarks Following Discussions With President

Nursultan Nazarbayev of Kazakhstan, 42 Weekly Comp. Pres.

Doc. 1695 (Sept. 29, 2006).

10. Joint Statement by the United States and Kazakhstan,

42 Weckly Comp. Pres. Doc. 1696 (Sept. 29, 2006).

I. Remarks Following Discussions With Prime Minister

Recep Tayyip Erdogan of Turkey, 42 Weekly Comp. Pres.

Doc. 1712 (Oct. 2, 2006)

Appdx. A-70

12. Remarks Following a Meeting With Special Envoy for

Sudan Andrew S. Natsios, 42 Weekly Comp. Pres. Doc. 1712

(Oct. 2, 2006)

13. Joint Statement by the United States of America and the

Republic of Peru, 42 Weekly Comp. Pres. Doc. 1769 (Oct. 10,

2006).

14. Remarks Following Discussions With President Alan

Garcia Perez of Peru, 42 Weekly Comp. Pres. Doc. 1768 (Oct.

10, 2006).

15. | Remarks Following Discussions With Prime Minister

Ivo Sanader of Croatia, 42 Weekly Comp. Pres. Doc. 1835

(Oct. 17, 2006).

16. | Remarks Following Discussions With President Leonel

Fernandez Reyna of the Dominican Republic, 42 Weekly

Comp. Pres. Doc. 1890 (Oct. 25, 2006).

17. Remarks Following Discussions With Secretary

General Jakob Gijsbert “Jaap” de Hoop Scheffer of the North

Atlantic Treaty Organization and an Exchange With Reporters,

42 Weekly Comp. Pres. Doc. 1903 (Oct. 27, 2006).

18. Joint Statement by President George W. Bush and

Prime Minister Nuri al-Maliki of Iraq, 42 Weekly Comp. Pres.

Doc. 1916 (Oct. 28, 2006).

19. Remarks Following a Meeting With Special Envoy for

Sudan Andrew S. Natsios, 42 Weekly Comp. Pres. Doc. 1937

(Oct. 31, 2006).

Remarks/ Radio/ Media (89)

Campaign 2006 (36)

l. Remarks to the Georgia Public Policy Foundation in

Atlanta, Georgia, 42 Weekly Comp. Pres. Doc. 1576 (Sept. 7,

2006).

2. Remarks at a Reception for Congressional Candidate

Max Burns in Pooler, Georgia 42 Weekly Comp. Pres. Doc.

1583 (Sept. 7, 2006).

Appdx. A-71

3. Remarks to Reporters Following a Meeting With the

House Republican Conference, 42 Weekly Comp. Pres. Doc.

1602 (Sept. 14, 2006).

4. Remarks at a Reception for Congressional Candidate

Gus Bilirakis in Tampa, Florida, 42 Weekly Comp. Pres. Doc.

1641 (Sept. 21, 2006).

5. Remarks at a Reception for Gubernatorial Candidate

Charlie Crist and the Republic Party of Florida in Orlando, 42

Weekly Comp. Pres. Doc. 1647 (Sept. 21, 2006).

6. Remarks at a Luncheon for Gubernatorial Candidate

Bob Riley in Birmingham, Alabama, 42 Weekly Comp. Pres.

Doc. 1680 (Sept. 28, 2006).

7. Remarks at a Reception for Congressional Candidate

Dean Heller in Reno, Nevada, 42 Weekly Comp. Pres. Doc.

1713 (Oct. 2, 2006).

8. Remarks at a Breakfast for Congressional Candidate

Richard W. Pombo in Stockton, California, 42 Weekly Comp.

Pres. Doc. 1719 (Oct. 3, 2006).

9. Remarks at a Reception for Gubernatorial Candidate

Bob Beauprez and the Colorado Republican Party in

Englewood, Colorado, 42 Weekly Comp. Pres. Doc. 1743 (Oct.

4, 2006). |

10. | Remarks at a Breakfast for Congressional Candidate

Rick Renzi in Scottsdale, Arizona, 42 Weekly Comp. Pres.

Doc. 1734 (Oct. 4, 2006).

11. Remarks at a Reception for Congressional Candidate

Mac Collins in Macon, Georgia, 42 Weekly Comp. Pres. Doc.

1777 (Oct. 10, 2006).

12. Remarks at a Reception for Congressional Candidates

_ Peter Roskam and David McSweeney and the Illinois

Congressional Victory Committee in Chicago, Iilinois, 42

Weekly Comp. Pres. Doc. 1808 (Oct. 12, 2006).

Appdx. A-72

13. | Remarks at a Reception for Senatorial Candidate

George Allen in Richmond, Virginia, 42 Weekly Comp. Pres.

Doc. 1850 (Oct. 19, 2006).

14... Remarks at a National Republican Senatorial

Committee Reception, 42 Weekly Comp. Pres. Dec. 1856 (Oct.

20, 2006).

15. | Remarks at a Luncheon for Congressional Candidate

Jeff Lamberti and lowa Victory 2006 in Des Moines, Jowa, 42

Weekly Comp. Pres. Doc. 1892 (Oct. 26, 2006).

16. | Remarks at a Reception for Senatorial Candidate

Michael Bouchard in Warren, Michigan, 42 Weekly Comp.

Pres. Doc. 1898 (Oct. 26, 2006).

17. Remarks to Reporters in

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