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

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385016_0516%3A11

## Record

- **Collection:** Supreme Court brief
- **Document type:** Amicus Curiae Brief
- **Published:** January 1, 2007
- **Citation:** 551 U.S. 449

## Text

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 dire

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385016_0516%3A11. Public record. Not legal advice.