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November 6, 2003, 9:00 AM ET, Alert No. 773.
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House Passes E-911 Implementation Act

11/4. The House passed HR 2898, the "E-911 Implementation Act of 2003", by unanimous voice vote. The bill, which is sponsored by Rep. John Shimkus (R-IL), Rep. Anna Eshoo (D-CA) and others, would authorize the appropriation of $500 Million in grants over five years to upgrade public safety answering point (PSAP) facilities, establish an E-911 Coordination Office at the Department of Commerce's (DOC) National Telecommunications and Information Administration (NTIA) to improve coordination among federal, state and local public safety officials, penalize states for redirecting E-911 funds collected from consumer's cell phone bills, and direct the FCC to study E-911 implementation in rural areas.

Rep. Fred Upton (R-MI), Chairman of the House Subcommittee on Telecommunications and the Internet, stated in the House that "what many of our constituents may not realize is that when they make a 911 call from their cell phones, many emergency dispatch centers, otherwise known as public service answering points or PSAPs, cannot automatically locate where that call is coming from, unlike when such calls are made from landlines." See, Congressional Record, November 4, 2003, at page H10289.

Rep. Fred UptonRep. Upton (at right) stated that "we need to help our Nation's PSAPs cope with the financial demands of becoming Phase II ready. This bill answers the call by providing a significant grant program in the amount of $100 million a year for 5 years, with a 50 percent non-Federal match requirement to States and municipalities to help them procure their Phase II equipment as well as their training."

He added that "we need to ensure coordination and information sharing at all levels of government and with the other stakeholders as they continue to sort through the maze of challenges that lay ahead. This bill answers that call, too, by not only incentivizing States to have statewide E-911 coordinators, but also establishing a new Federal E-911 Coordination Office that will be a joint program office between NHTSA and the NTIA."

Finally, he stated that "some States have raided their E-911 surcharge monies collected from wireless customers for things completely unrelated to E-911. This is nothing more than picking the pockets of consumers and stealing the funds which should be going toward deployment of this life-saving technology. This bill answers that call by creating disincentives to States who raid those E-911 funds. More to the point, no entity will be eligible for grant monies under this bill if they reside in a State that is raiding those E-911 surcharge accounts."

Rep. Eshoo stated in the House that "Our bill ensures there is no difference in response between landline and cellular phones because every second counts when there is a life-threatening emergency."

Rep. Shimkus stated in the House that "With our passage today, we now set a marker to our friends across the rotunda to say, let's move. Because this is just one part of the long dance that we have. We have to pass it here. They have to pass it. Hopefully, now we can get them to accept our language to move it more rapidly and then we can get something to the President's desk, because the sooner we get it into legislation, the sooner we get authorization language in the battle, then when the appropriations cycle begins, right now really. Even though we have not finished this year, we already should be looking at next year's appropriations cycle. We have got to get our placeholder there. We have got to get the marker in. As soon as this becomes true and just in the legislative language, we are going to have a lot of success."

Rep. John Dingell (D-MI), the ranking Democrat on the House Commerce Committee, stated that "I am pleased to support this important bill and look forward to working with the appropriators to ensure that this grant program is fully funded."

See also, stories titled "Representatives Introduce E911 Implementation Act" in TLJ Daily E-Mail Alert No. 707, July 30, 2003; and "House Commerce Committee Approves E-911 Implementation Act" in TLJ Daily E-Mail Alert No. 751, October 2, 2003.

This bill has yet to be passed by the Senate. However, on July 17, 2003, the Senate Commerce Committee (SCC) approved S 1250, the "Enhanced 911 Emergency Communications Act of 2003 ", by unanimous voice vote. S 1250 has language that is similar, but not identical, to HR 2898. See, story titled "Senate Commerce Committee Approves E-911 Bill" in TLJ Daily E-Mail Alert No. 701, July 18, 2003.

Senate Commerce Committee Holds Hearing on Aviation Security & CAPPS II

11/5. The Senate Commerce Committee held a hearing that addressed a wide range of issues pertaining to aviation security, including the Computer Assisted Passenger Prescreening System (CAPPS II).

Stephen McHale (Deputy Administrator, Transportation Security Administration), Penrose Albright (Assistant Secretary Plans Programs, Budgets, Science and Technology Directorate, Department of Homeland Security), and William Parrish (Acting Assistant Secretary Information Analysis, Information Analysis and Infrastructure Protection) submitted joint prepared testimony that addressed, among other topics, CAPPS II.

They wrote that the "TSA is moving forward with the development of the second-generation Computer Assisted Passenger Prescreening System (CAPPS II), which will help us to focus our screening resources where they will be most effective."

Before September 11, 2001, the commercial airlines conducted passenger screening, and administered the CAPPS I, subject to federal guidelines. In late 2001, the Congress passed the Aviation and Transportation Security Act, which created the Transportation Security Administration (TSA) as a unit of the Department of Transportation (DOT). This Act gave the TSA responsibility for airport passenger screening. In late 2002, the Congress passed the Homeland Security Act, which, among other things, created the Department of Homeland Security (DHS), and transferred the TSA from the DOT to the new DHS.

The proposed new CAPPS II, the next generation passenger screening system, if implemented, would be a government (TSA) run system that replaces CAPPS I. It has been criticized and opposed by former Rep. Bob Barr (R-GA), the Electronic Privacy Information Center (EPIC), the ACLU, and others, on privacy grounds.

Also, on October 1, 2003. President Bush signed HR 2555, the "Department of Homeland Security Appropriations Act, 2004." The bill contains language prohibiting the use of funds for the CAPPS II program until the General Accounting Office (GAO), which is an arm of the Congress, issues a report to the appropriations committees of the Congress in which it finds that the CAPPS II program meets certain specified criteria set out in the bill.

However, while this language is in the bill, and the President signed the bill, the President wrote in a separate signing statement that this language is ineffective under the Supreme Court's opinion in INS v. Chadha. Bush wrote that while the language is mandatory, he will construe it as merely advisory. See, story titled "Homeland Security Appropriations Bill Purports to Restrict Use of Funds for CAPPS II", October 1, 2003, also published in TLJ Daily E-Mail Alert No. 751, October 2, 2003.

The prepared testimony of the DHS further states that "CAPPS II is yet another layer in our system of systems to address a continuum of security threats with minimal impact on airline customers and operations. CAPPS II is intended to identify terrorists and other high-risk individuals before they board commercial airplanes. CAPPS II will conduct a risk assessment of each passenger using national security information and information provided by passengers during the reservation process -- including name, date of birth, home address and home phone number, and provide a ``risk score´´ to TSA. The ``risk score´´ includes an ``authentication score´´ provided by running passenger name record (PNR) data against commercial databases to indicate a confidence level in each passenger’s identity. CAPPS II will be a threat-based system under the direct control of the Federal Government and will represent a major improvement over the decentralized, airline-controlled system currently in place."

The DHS testimony also states that "In developing CAPPS II, TSA is very mindful of the rights, liberties, and freedoms that define our Nation and differentiate our society from those who seek to harm us. CAPPS II is being designed and will be built with the explicit requirement that privacy protection not become a cost of increased aviation security. CAPPS II is undergoing a rigorous course of testing and will not be implemented until it has successfully passed this test phase.

The DHS testimony also states that the "TSA is cooperating fully with the U.S. General Accounting Office (GAO) so that GAO can issue the report called for in the Department of Homeland Security Appropriations Act, 2004, by February 15, 2004. Moreover, we are committed to continuous testing, evaluation and assessment of the system that is designed to ensure compliance with privacy policies -- by our own experts, independent overseers, and the public. DHS is also contemplating creation of an advisory council to review DHS programs, including CAPPS II.

It states that "CAPPS II would not retain data on U.S. passengers who are permitted to fly. Information would be stored only for a sufficient time to assess that a U.S. traveler is who he or she claims to be and to evaluate Government information related to terrorist threats and practices. Information would not be kept after completion of the traveler’s reserved itinerary, apart from a necessary audit trail that would not be searchable by passenger name or other personal identifier."

Finally, the DHS prepared testimony states that "As part of its ongoing dialogue with the public on CAPPS II and related issues, DHS issued a revised Interim Final Privacy Notice, which provides information regarding CAPPS II, including the type of data that the system will review, and how the data will be used. The Notice requested public comment, and the closing date for submission of comments was September 30, 2003. We are now in the process of reviewing the many comments we received."

The TSA published a Privacy Act notice and request for comments in the Federal Register on January 15, 2003 in which it proposed to establish a new system of records to support the development of the new version of the CAPPS. See, Federal Register, January 15, 2003, January 15, 2003, Vol. 68, No. 10, at Pages 2101 - 2103. The TSA published a second Privacy Act notice and request for comments in the Federal Register on August 1, 2003, in which it announced that it received "substantial comments ... in response to the prior notice", and that "significant changes have been made to date to the proposed CAPPS II system and to the CAPPS II Privacy Act notice in light of these comments". See, Federal Register, August 1, 2003, Vol. 68, No. 148, at Pages 45265 - 45269.

See, for example, comment [17 pages in PDF] submitted by the Center for Democracy and Technology (CDT), and comment [18 pages in PDF] submitted by the Electronic Privacy Information Center (EPIC). See also, story titled "TSA Receives Comments In CAPPS II Privacy Act Proceeding" in TLJ Daily E-Mail Alert No. 751, October 2, 2003.

Cathleen Berrick of the GAO wrote in her November 5 prepared testimony [36 pages in PDF] for the Senate Commerce Committee that "CAPPS II is planned to be a government-run program that will provide real–time risk assessment for all airline passengers. Unlike the current system, TSA is designing CAPPS II to identify and compare personal information with commercially available data to confirm a passenger’s identity. The system will then run the identifying information against government databases and generate a "risk" score for the passenger. The risk score will determine the level of screening that the passenger will undergo before boarding. TSA currently estimates that initial implementation of CAPPS II will occur during the fall of 2004, with full implementation expected by the fall of 2005.

Berrick also wrote that the "TSA faces a number of challenges that could impede their ability to implement CAPPS II. Among the most significant are the following: concerns about travelers’ privacy rights and the safeguards established to protect passenger data; the accuracy of the databases being used by the CAPPS II system and whether inaccuracies could generate a high number of false positives and erroneously prevent or delay passengers from boarding their flights; the length of time that data will be retained by TSA; the availability of a redress process through which passengers could get erroneous information corrected; concerns that identify theft, in which someone steals relevant data and impersonates another individual to obtain that person’s low risk score, may not be detected and thereby negate the security benefits of the system; and obtaining the international cooperation needed for CAPPS II to be fully effective, as some countries consider the passenger information required by CAPPS II as a potential violation of their privacy laws."

She also wrote that the GAO expects to "to issue a final report on our work in early 2004".

More Reaction to the FCC Broadcast Flag Item

11/5. Rep. Billy Tauzin (R-LA), the Chairman of the House Commerce Committee, commented on the Federal Communications Commission's (FCC) Report and Order Further Notice of Proposed Rulemaking [72 pages in PDF] in its proceeding titled "In the Matter of Digital Broadcast Content Protection".

He stated that "The FCC has taken yet another important step to bring digital television to American consumers by adopting the 'Broadcast Flag' rules. Absent the broadcast flag, content providers would be hesitant to make high-value digital content available to consumers. And unless exciting content is available, consumers will find little reason to embrace digital television. Implementation of this technology will help to preserve the viability of free, over-the-air broadcasting. Without content protection for such broadcasts, digital programming might migrate disproportionately to cable and satellite systems for which consumers must pay subscription fees."

See also, story titled "FCC Releases Broadcast Flag Rule", also published in TLJ Daily E-Mail Alert No. 772, November 5, 2003.

The Center for Democracy and Technology (CDT) stated in a release that "the FCC has incorporated several significant improvements over the MPAA's initially proposed rule. These include: attempting to specify objective ``functional criteria´´ to be used in the initial review of protection technologies; clarifying that the flag rule is designed only to help curtail indiscriminate redistribution of video content online and is not intended to restrict any other forms of copying; allowing software-based protection technologies; and adopting an ``ordinary-user´´ standard for resistance to hacking, rather than requiring certified protection technologies stop all committed hackers."

However, the CDT stated that "it still remains unclear what technologies and consumer uses will ultimately be permitted under the ruling."

The CDT also wrote that "More broadly, the broadcast flag rule represents a troubling precedent for direct FCC regulation of the architecture of digital devices and places the FCC squarely in the middle of the ongoing copyright debate. The effect of the flag on innovation and on the computer remains a serious concern."

Robert Holleyman, P/CEO of the Business Software Alliance (BSA), stated in a release that "The decision by the FCC today reflects its commitment to promote the transition to digital television. Technology companies are strong proponents of this transition. It will enable consumers to chose the medium through which they view broadcast television programming, including computers, and make available substantial bandwidth now used for analog broadcasting."

However, he continued that "Technology companies have worked hard through broad based private sector standards, setting efforts to determine ways to effectively control the misappropriation of broadcast content, and we remain committed to private sector efforts. Thus, while we have not yet seen the specific content of the order, we continue to have reservations about the need for regulatory intervention in this area at this time."

Larry Blanford, P/CEO of Philips Consumer Electronics North America, stated in a release that "We are pleased that the Commission has established an open and transparent process for evaluating competing content protection technologies, taking into account how such technologies will affect consumers’ use and enjoyment of digital TV content and ensuring that the technologies are licensed on fair, reasonable and nondiscriminatory terms that protect competition. Philips further appreciates the Commission's recognition of the 18-month manufacturing cycle needed to implement whatever technological solutions might ultimately be decided upon."

He continued that "Philips remains committed to doing everything it can to ensure that consumers’ fair use expectations are preserved and that the new regulation does not impede the ability of consumers to reap and enjoy the full benefits of the digital products they already own and that will be available in the future."

Microsoft Offers Rewards for Information Leading to Convictions of People Who Launch Malicious Code

11/5. Microsoft announced that it has created an "Anti-Virus Reward Program" to provide monetary rewards for information resulting in the arrest and conviction of persons who launch malicious viruses and worms on the internet. Microsoft stated that the program is initially funded with $5 Million.

Microsoft stated that there is a $250,000 reward "for information leading to the arrest and conviction of those responsible for unleashing the MSB1ast.A worm". Microsoft clarified that "Although two arrests were made in connection with the B and C variants of the MSB1ast worm, those responsible for releasing the original worm this summer remain at large. The worm was designed to attack Microsoft's Web site, which provides fixes for vulnerabilities and helps protect users against malicious attacks."

Microsoft also offered a $250,000 reward for "information that results in the arrest and conviction of those responsible for unleashing the Sobig virus".

See, Microsoft release and statement for Keith Lourdeau of the Federal Bureau of Investigation (FBI).

Washington Tech Calendar
New items are highlighted in red.
Thursday, November 6

The House will meet at 10:00 AM for legislative business. See, Republican Whip Notice.

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in BDPCS v. FCC, No. 02-1369. Judges Randolph, Roberts and Williams will preside. Location: 333 Constitution Ave. NW.

9:30 AM. The House Commerce Committee's Subcommittee on Telecommunications and the Internet will hold a hearing titled "Computer Viruses: The Disease, the Detection and the Prescription for Protection". The hearing will be webcast. Press contact: Ken Johnson or Jon Tripp at 202 225-5735. Location: Room 2123, Rayburn Building.

9:30 AM. The Senate Judiciary Committee will hold an executive business meeting. The agenda includes consideration of several judicial nominees, and consideration of James Comey to be Deputy Attorney General. See, notice. Press contact: Margarita Tapia (Hatch) at 202 224-5225 or David Carle (Leahy) at 202 224-4242. Location: Room 226, Dirksen Building.

9:30 - 10:30 AM. Federal Communications Commission (FCC) Commissioner Michael Copps will host an event titled "Press Breakfast". RSVP to Betty Morris at Location: FCC, 445 12th Street, SW, Suite 8-A302.

10:00 AM. Two of the House Government Reform Committee's subcommittees will hold a joint hearing titled "Public Safety Interoperability". The witnesses will include William Jenkins (Director of the GAO's Homeland Security and Justice Issues), Marilyn Ward (Chairman, National Public Safety Telecommunications Council), Aldona Valicenti (National Association of State Chief Information Officers), Marilyn Praisner (Councilwoman, Montgomery County, MD), George Ake (Capital Wireless Integrated Network), Karen Evans (E-Gov/IT Director at OMB), David Boyd (Department of Homeland Security), John Muleta (Chief of the FCC's Wireless Bureau), and Edmond Thomas (Chief of the FCC's Office of Engineering and Technology). Location: Room 2154 Rayburn Building.

10:00 - 11:30 AM. The Federal Communications Commission's (FCC) Media Security and Reliability Council (MRSC) will hold a meeting. See, notice in the Federal Register, May 29, 2003, Vol. 68, No. 103, at pages 32038 - 32039. Location: FCC, Commission Meeting Room (TW-C305), 445 12th St., SW.

11:00 AM. The Federal Trade Commission (FTC) will hold a press conference "to address consumer concerns raised by the widespread exploitation of the Microsoft Windows Messenger Service". Howard Beales, Director of the FTC's Bureau of Consumer Protection, and others will participate. The FTC notice states that "Reporters unable to attend the event can call-in to listen to the press conference. The toll-free phone number is 800-473-8794, the confirmation number is 20246225". Location: FTC, 600 Pennsylvania Ave., NW, Room 432.

1:30 PM. Don Abelson, Chief of the Federal Communications Commission's (FCC) International Bureau (IB), will hold a "briefing for members of the media". RSVP to Meribeth McCarrick at 202 418-0654 or Location: FCC, Room 8-C245, 445 12th Street, SW.

3:00 - 5:30 PM. The Department of Justice's (DOJ) Antitrust Division (ATR) will host a ceremony and reception commemorating the 100th anniversary of the appointment of the first Assistant Attorney General (AAG) with antitrust responsibilities. AAG Hewitt Pate will speak. In addition, the ATR will give an award to Judge Richard Posner of the U.S. Court of Appeals (7thCir). The DOJ has stated both that the event is open to current and former ATR employees only, and that "Media interested in attending the event should contact, in advance, Luke Macaulay, Office of Public Affairs, 202-514-2007." See, ATR notice, OPA notice, and ATR notice of Posner award. Location: Great Hall, DOJ Main.

4:00 PM. Barton Beebe (Cardozo Law School) will present a draft paper titled "Search and Persuasion in Trademark Law". See, notice. For more information, contact Robert Brauneis at 202 994-6138 or Location: George Washington University Law School, Faculty Conference Center, Burns Building, 5th Floor, 716 20th Street, NW.

6:00 - 8:15 PM. The D.C. Bar Association will host a CLE course titled "How to Litigate an Intellectual Property Case Series: Part 1 How to Litigate a Copyright Case". Prices vary. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 level.

Friday, November 7

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a Congressional seminar on the Federal Trade Commission (FTC) report titled "To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy". See, story titled "FTC Releases Report on Competition and Patent Law" in TLJ Daily E-Mail Alert No. 768, October 29, 2003. The speakers will be Susan Desanti (FTC), Michael Kirk (American Intellectual Property Law Association), Steven Merrill (National Academies' Board of Science, Technology and Economic Policy), and Gerald Mossinghoff (Oblon Spivak), and William Adkinson (PFF). RSVP to Stefannie Bernstein at 202 289-8928 or Lunch will be served. See, PFF notice. Location: Room 1539, Longworth Building.

12:15 - 1:30 PM. The Federal Communications Bar Association's (FCBA) Wireless Committee will host a luncheon panel discussion titled "Debate on Licensed vs. Unlicensed Models for Spectrum Management". The speakers will be Thomas Hazlett (Manhattan Institute), and Michael Calabrese (New America Foundation). The price to attend is $15. For more information, contact RSVP to Location: Sidley Austin, 1501 K Street, NW, 6th Floor.

Monday, November 10

The Intellectual Property Owners Association (IPO) will host a one-day conference on corporate IP management. Location: Washington DC.

Oral argument before the U.S. Court of Appeals (10thCir) in FTC v. Mainstream Marketing Service, No. 03-1429. This is the telemarketers' constitutional challenge to the FTC's do not call registry. See, October 8, 2003 order [24 pages in PDF] staying the District Court's opinion, and setting an expedited schedule. Location: Tulsa, Oklahoma.

Tuesday, November 11

Veterans Day. The FCC will be closed.

Wednesday, November 12

11:00 AM. The Cato Institute will host a book forum on Black Ice: The Invisible Threat of Cyberterrorism. Author Dan Verton will speak. See, Amazon page and Cato notice. Lunch will follow the program. Location: 1000 Massachusetts Ave., NW.

Deadline to submit comments to the U.S. Patent and Trademark Office (USPTO) regarding proposed changes to its rules of practice to support the implementation of the 21st Century Strategic Plan. The proposed changes include permitting electronic signatures on a number of submissions, streamlining the requirements for incorporation by reference of prior filed applications, and clarifying the qualifications for claiming small entity status for purposes of paying reduced patent fees. See, notice in the Federal Register, September 12, 2003, Vol. 68, No. 177, at Pages 53815 - 53859.

Deadline to submit comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) regarding the impact that communications towers may have on migratory birds. See, notice in the Federal Register, September 12, 2003, Vol. 68, No. 177, at Pages 53696 - 53702. This is Docket No. WT 03-187, and FCC 03-205. The FCC adopted this NOI on August 8, 2003, and released it on August 20, 2003. See also, story titled "FCC Release NOI On Communications Towers and Migratory Birds" in TLJ Daily E-Mail Alert No. 723, August 21, 2003.

Thursday, November 13

9:00 AM - 12:00 NOON. The Telecommunications Service Priority (TSP) System Oversight Committee will meet. See, notice in the Federal Register, October 10, 2003, Vol. 68, No. 197, at Page 58725. Location: 2nd floor conference room, National Communications System (NCS), 701 South Courthouse Road, Arlington, VA.

9:00 AM - 3:45 PM. The National Institute of Standards and Technology's (NIST) Advanced Technology Program Advisory Committee hold a partially closed meeting. See, notice in the Federal Register, October 27, 2003, Vol. 68, No. 207, at Page 61189. Location: NIST, Administration Building, Employees' Lounge, Gaithersburg, MD.

9:30 AM. The Senate Commerce Committee will hold a hearing to examine the General Accounting Office's (GAO) study [94 pages in PDF] titled "Telecommunications: Issues Related to Competition and Subscriber Rates in the Cable Television Industry". See, story titled "GAO Releases Study on Cable Industry", in TLJ Daily E-Mail Alert No. 766, October 27, 2003. Press contact: Rebecca Hanks (McCain) at 202 224-2670 or Andy Davis (Hollings) at 202 224-6654. Location: Room 253, Russell Building.

9:30 AM. The Federal Communications Commission (FCC) will hold a meeting. Location: FCC, 445 12th Street, SW, Room TW-C05 (Commission Meeting Room).

9:30 AM. The U.S. Court of Appeals (DCCir) will hear oral argument in Adams Comm Corp v. FCC, No. 02-1232. Judges Randolph, Roberts and Williams will preside. Location: Courtroom 20, 333 Constitution Ave. NW.

10:00 AM. The Internal Revenue Service (IRS) will hold a hearing regarding its notice of proposed rulemaking (NPRM) regarding computation and allocation of the credit for increasing research activities for members of a controlled group of corporations or a group of trades or businesses under common control. The rules implement the research and development tax credit codified at 26 U.S.C. § 41. Location: IRS Auditorium, 7th Floor, 1111 Constitution Ave., NW. See, notice in the Federal Register, July 29, 2003, Vol. 68, No. 145, at Pages 44499 - 44506.

2:00 - 3:00 PM. The Heritage Foundation will host an event titled "Beyond Do-Not-Call: The FTC Agenda". The speakers will be Timothy Muris, Chairman of the Federal Trade Commission (FTC), and James Gattuso of the Heritage Foundation. See, notice. Location: Heritage Foundation, Lehrman Auditorium, 214 Massachusetts Ave., NE.

6:00 - 9:15 PM. The D.C. Bar Association will host a CLE course titled "How to Litigate an Intellectual Property Case Series: Part 1 How to Litigate a Trademark Case". Prices vary. For more information, call 202 626-3488. Location: D.C. Bar Conference Center, 1250 H Street NW, B-1 level.

People and Appointments

11/5. President Bush nominated William Duffey to be a Judge of the U.S. District Court for the Northern District of Georgia. See, White House release.

11/5. President Bush nominated Peter Sheridan to be a Judge of the U.S. District Court for the District of New Jersey. See, White House release.

11/5. President Bush nominated James Loy to be Deputy Secretary of Homeland Security. See, White House release.

11/4. Elizabeth Kessler was appointed to be a Deputy Associate Attorney General in the Department of Justice's (DOJ) Office of the Associate Attorney General. She will handle antitrust and environmental matters. She previously was Deputy General Counsel for Environment and Nuclear Programs at the Department of Energy. She has also worked for the Department of State as a Foreign Service Officer, for the Senate Judiciary Committee's Subcommittee on Immigration, and the DOJ's Civil Division and Office of the Solicitor General. See, DOJ release.

11/4. Gerald Reynolds was appointed to be a Deputy Associate Attorney General in the Department of Justice's Office of the Associate Attorney General. He will handle civil consumer, immigration, and terrorism related litigation. He was previously Assistant Secretary for Civil Rights at the Department of Education. He has also worked as Senior Regulatory Counsel with the Kansas City Power and Light Company, as President and Legal Counsel for the Center for New Black Leadership, and for the law firm of Schatz & Schatz, Ribicoff & Kotkin. See, DOJ release.

11/4. Michael Wiggins was appointed to be a Deputy Associate Attorney General in the Department of Justice's Office of the Associate Attorney General. He will handle civil rights and criminal matters. He was previously the Principal Deputy Assistant Attorney General in the Civil Rights Division. Before that, he was an attorney with the law firm of Kilpatrick Stockton in Atlanta, Georgia. See, DOJ release.

11/4. Tracey Henke was appointed to be a Deputy Associate Attorney General in the Department of Justice's Office of the Associate Attorney General. She will handle violence against women and budget matters. She was previously the Principal Deputy Assistant Attorney General in the DOJ's Office of Justice Programs (OJP). Before that, she worked for Sen. Christopher Bond (R-MO) and for former Sen. John Danforth (R-MO). See, DOJ release.

11/4. President Bush announced his intent to nominate David Hossein Safavian to be Administrator for Federal Procurement Policy at the Office of Management and Budget (OMB). He is currently Chief of Staff for the General Services Administration (GSA). He was previously Chief of Staff for Rep. Chris Cannon (R-UT). He has also been as shareholder and managing partner at Janus-Merritt Strategies, and an associate in the Washington DC office of the law firm of Preston Gates & Ellis. See, OMB release.

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