[Congressional Record Volume 150, Number 93 (Thursday, July 8, 2004)]
[Senate]
[Pages S7825-S7827]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-8307. A communication from the Acting Assistant 
     Secretary for Management, Department of the Treasury, 
     transmitting, pursuant to law, a report relative to the 
     Department's competitive sourcing efforts; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-8308. A communication from the Deputy Chief Financial 
     Officer, Department of Housing and Urban Development, 
     transmitting, pursuant to law, a report relative to the 
     Department's competitive sourcing efforts; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-8309. A communication from the Chairman and President, 
     Export-Import Bank of the United States, transmitting, 
     pursuant to law, the report of a transaction involving U.S. 
     exports to Australia; to the Committee on Banking, Housing, 
     and Urban Affairs.
       EC-8310. A communication from the Assistant to the Board of 
     Governors of the Federal Reserve System, transmitting, 
     pursuant to law, the report of a rule entitled ``Fair Credit 
     Reporting Act'' received on June 24, 2004; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-8311. A communication from the Assistant General Counsel 
     for Banking and Finance, Departmental Offices, Department of 
     the Treasury transmitting, pursuant to law, the report of a 
     rule entitled ``Terrorism Risk Insurance Program--Claims 
     Procedures'' (RIN1505-AB07) received on June 24, 2004; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-8312. A communication from the Deputy Secretary, 
     Division of Investment Management, Securities and Exchange 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Disclosure Regarding Approval of Investment 
     Advisory Contracts By Directors of Investment Companies'' 
     (RIN3235-AJ10) received on June 25, 2004; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-8313. A communication from the Senior Paralegal for 
     Regulations, Office of Thrift Supervision, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Assessments and Fees'' (RIN1550-AB89) received on 
     July 6, 2004; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-8314. A communication from the General Counsel, National 
     Credit Union Administration, transmitting, pursuant to law, 
     the report of a rule entitled ``Suretyship and Guaranty; 
     Maximum Borrowing Authority'' received on July 4, 2004; to 
     the Committee on Banking, Housing, and Urban Affairs.
       EC-8315. A communication from the General Counsel, National 
     Credit Union Administration, transmitting, pursuant to law, 
     the report of a rule entitled ``12 C.F.R. Part 745 Share 
     Insurance and Appendix'' received on July 4, 2004; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-8316. A communication from the General Counsel, National 
     Credit Union Administration, transmitting, pursuant to law, 
     the report of a rule entitled ``Organization and Operations 
     of Federal Credit Unions; Loan Participation'' received on 
     July 4, 2004; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-8317. A communication from the General Counsel, National 
     Credit Union Administration, transmitting, pursuant to law, 
     the report of a rule entitled ``12 C.F.R. Part 708a; 
     Conversion of Insured Credit Unions to Mutual Savings Banks'' 
     received on July 4, 2004; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-8318. A communication from the Deputy Secretary, 
     Division of Market Regulation, Securities and Exchange 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Rule 31--Section 31 Transaction Fees; Rule 
     31T--Temporary Rule Regarding Fiscal Year 2004; Form R31--
     Form for Reporting Covered Sales and Covered Round Turn 
     Transactions Under Section 31 of the Securities and Exchange 
     Act of 1934'' (RIN3235-AJ02) received on July 6, 2004; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-8319. A communication from the Chairman, Board of 
     Governors of the Federal Reserve System, transmitting, 
     pursuant to law, a report relative to the profitability of 
     the credit card operations of depository institutions; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-8320. A communication from the Deputy Secretary, 
     Division of Investment Management, Securities and Exchange 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Investment Adviser Codes of Ethics'' 
     (RIN3235-AJ08) received on July 6, 2004; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-8321. A communication from the Chief Counsel, Bureau of 
     the Public Debt, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``31 CFR Part 
     344, U.S. Treasury Securities--State and Local Government 
     Series'' received on July 6, 2004; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-8322. A communication from the Administrator, Small 
     Business Administration, transmitting, pursuant to law, a 
     report relative to the Administration's competitive sourcing 
     efforts; to the Committee on Small Business and 
     Entrepreneurship.
       EC-8323. A communication from the Co-Chairs, Abraham 
     Lincoln Bicentennial Commission, transmitting, pursuant to 
     law, the Commission's Interim Report; to the Committee on the 
     Judiciary.
       EC-8324. A communication from the Assistant Attorney 
     General for Administration, Department of Justice, 
     transmitting, pursuant to law, a report relative to the 
     Department's competitive sourcing efforts; to the Committee 
     on the Judiciary.
       EC-8325. A communication from the Attorney General of the 
     United States, transmitting, pursuant to law, the Department 
     of Justice's Strategic Plan for Fiscal Years 2003-2008; to 
     the Committee on the Judiciary.
       EC-8326. A communication from the Assistant Attorney 
     General, Office of Legislative Affairs, Department of 
     Justice, transmitting, pursuant to law, a report relative to 
     the Victims Compensation Fund; to the Committee on the 
     Judiciary.
       EC-8327. A communication from the Deputy General Counsel 
     and Designated Reporting Official, Office of National Drug 
     Control Policy, transmitting, pursuant to law, the report of 
     a vacancy in the position of Deputy Director for Supply 
     Reduction, Office of National Drug Control Policy, received 
     on July 1, 2004; to the Committee on the Judiciary.
       EC-8328. A communication from the White House Liaison, 
     Department of Education, transmitting, pursuant to law, the 
     report of a nomination confirmed for the position of Under 
     Secretary, Department of Education, received on June 25, 
     2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-8329. A communication from the White House Liaison, 
     Department of Education, transmitting, pursuant to law, the 
     report of a nomination for the position of Under Secretary, 
     Department of Education, received on June 25, 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-8330. A communication from the White House Liaison, 
     Department of Education, transmitting, pursuant to law, the 
     report of a nomination for the position of Deputy Secretary, 
     Department of Education, received

[[Page S7826]]

     on June 25, 2004; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-8331. A communication from the White House Liaison, 
     Department of Education, transmitting, pursuant to law, the 
     report of the discontinuation of service in acting role for 
     the position of Deputy Secretary, Department of Education, 
     received on June 25, 2004; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-8332. A communication from the White House Liaison, 
     Department of Education, transmitting, pursuant to law, the 
     report of a nomination confirmed for the position of Deputy 
     Secretary, Department of Education, received on June 25, 
     2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-8333. A communication from the White House Liaison, 
     Department of Education, transmitting, pursuant to law, the 
     report of a nomination for the position of Assistant 
     Secretary, Office of Special Education and Rehabilitative 
     Services, Department of Education, received on June 25, 2004; 
     to the Committee on Health, Education, Labor, and Pensions.
       EC-8334. A communication from the Acting Director, National 
     Science Foundation, transmitting, pursuant to law, the 
     Foundation's report on its competitive sourcing efforts for 
     FY 2003; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-8335. A communication from the Deputy Archivist of the 
     United States, National Archives and Records Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revision of NARA Research Room Procedures'' (RIN3095-AB10) 
     received on July 6, 2004; to the Committee on Governmental 
     Affairs.
       EC-8336. A communication from the Deputy Archivist of the 
     United States, National Archives and Records Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Restrictions on the Use of Records'' (RIN3095-AB11) 
     received on July 6, 2004; to the Committee on Governmental 
     Affairs.
       EC-8337. A communication from the Secretary, Smithsonian 
     Institution, transmitting, pursuant to law, the Institution's 
     report relative to its competitive sourcing efforts; to the 
     Committee on Governmental Affairs.
       EC-8338. A communication from the Director, Woodrow Wilson 
     International Center for Scholars, transmitting, pursuant to 
     law, a report relative to the Center's competitive sourcing 
     efforts; to the Committee on Governmental Affairs.
       EC-8339. A communication from the Attorney General of the 
     United States, transmitting, pursuant to law, the Department 
     of Justice's Fiscal Year 2003 Performance and Accountability 
     Report; to the Committee on Governmental Affairs.
       EC-8340. A communication from the Director, Office of 
     Personnel Management, transmitting, pursuant to law, the 
     Office's report on Federal agencies' use of the physicians 
     comparability allowance (PCA) program; to the Committee on 
     Governmental Affairs.
       EC-8341. A communication from the Chairman, Postal Rate 
     Commission, transmitting, pursuant to law, a report relative 
     to International Mail Costs, Revenues, and Volumes; to the 
     Committee on Governmental Affairs.
       EC-8342. A communication from the Secretary of the 
     Treasury, transmitting, pursuant to law, the report of the 
     Office of Inspector General for the period ended March 31, 
     2004; to the Committee on Governmental Affairs.
       EC-8343. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-460, ``National Capital 
     Revitalization Corporation Eminent Domain Clarification and 
     Skyland Eminent Domain Approval Temporary Amendment Act of 
     2004''; to the Committee on Governmental Affairs.
       EC-8344. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-463, ``Omnibus Public Safety Agency 
     Reform Amendment Act of 2004''; to the Committee on 
     Governmental Affairs.
       EC-8345. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-442, ``Omnibus Alcoholic Beverage 
     Amendment Act of 2004''; to the Committee on Governmental 
     Affairs.
       EC-8346. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-456, ``Office of Employee Appeals 
     Amendment Act of 2004''; to the Committee on Governmental 
     Affairs.
       EC-8347. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-455, ``Youth Pollworker Amendment 
     Act of 2004''; to the Committee on Governmental Affairs.
       EC-8348. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-457, ``Advisory Commission on 
     Sentencing Structured Sentencing System Pilot Program Act of 
     2004''; to the Committee on Governmental Affairs.
       EC-8349. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-458, ``Closing of a Portion of a 
     Public Alley in Square 235, S.O. 03-2526, Act of 2004''; to 
     the Committee on Governmental Affairs.
       EC-8350. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-459, ``Removal from the Permanent 
     System of Highways, a Portion of 22nd Street, S.E., and the 
     Dedication of Land for Street Purposes (S.O. 00-89) Technical 
     Amendment Act of 2004''; to the Committee on Governmental 
     Affairs.
       EC-8351. A communication from the Deputy Secretary of 
     Defense, Department of Defense, transmitting, pursuant to 
     law, the report of the Office of Inspector General for the 
     period from October 1, 2003 through March 31, 2004; to the 
     Committee on Governmental Affairs.
       EC-8352. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to the incidental capture 
     of sea turtles in commercial shrimping operations; to the 
     Committee on Finance.
       EC-8353. A communication from the Assistant Secretary for 
     Legislative Affairs, transmitting, pursuant to law, a report 
     relative to the compliance of Armenia, Azerbaijan, 
     Kazhakstan, Moldova, the Russian Federation, Tajikstan, 
     Ukraine, and Uzbekistan with the 1974 Trade Act's freedom of 
     emigration provisions; to the Committee on Finance.
       EC-8354. A communication from the President of the United 
     States, transmitting, pursuant to law, a report relative to 
     the United States-Australia Free Trade Agreement; to the 
     Committee on Finance.
       EC-8355. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Qualified Residential Rental 
     Projects'' (Rev. Proc. 2004-39) received on July 6, 2004; to 
     the Committee on Finance.
       EC-8356. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Charitable Contributions and 
     Conservation Easements'' (Notice 2004-41) received on July 6, 
     2004; to the Committee on Finance.
       EC-8357. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Effective Date of Relative Value 
     Regulations'' (Ann. 2004-58) received on July 6, 2004; to the 
     Committee on Finance.
       EC-8358. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Internal Revenue Code Sec. 482: 
     Allocation of Income and Deductions Among Taxpayers'' (Rev. 
     Proc. 2004-40) received on July 6, 2004; to the Committee on 
     Finance.
       EC-8359. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Information Reporting for Advance 
     Payments of Health Coverage Tax Credit'' (Notice 2004-47) 
     received on July 6, 2004; to the Committee on Finance.
       EC-8360. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Meritless Filing Position Based 
     on Sections 932(c) and 934(b)'' (Notice 2004-45) received on 
     July 6, 2004; to the Committee on Finance.
       EC-8361. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Health Savings Accounts--
     Transition Relief for State Mandates'' (2004-43) received on 
     July 6, 2004; to the Committee on Finance.
       EC-8362. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Depreciation of Vans and Light 
     Trucks'' (RIN1545-BB06) received on July 6, 2004; to the 
     Committee on Finance.
       EC-8363. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Tax Analysts v. Internal Revenue 
     Service F. Supp.2d 192 (D.D.C. 2002), Reversed, 350 F.3d 100 
     (D.C. Cir 2003) Action on Decision'' (AOD2004-29) received on 
     July 6, 2004; to the Committee on Finance.
       EC-8364. A communication from the Regulations Coordinator, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Medicare 
     Program; Medicare Ambulance MMA Temporary Rate Increases 
     Beginning July 1, 2004'' (RIN0938-AN24) received on July 6, 
     2004; to the Committee on Finance.
       EC-8365. A communication from the Chief, Regulations 
     Branch, Customs and Border Protection, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Import Restrictions Imposed on Archaeological 
     Material Originating in Honduras'' (RIN1505-AB50) received on 
     July 6, 2004; to the Committee on Finance.
       EC-8366. A communication from the Chairman, International 
     Trade Commission, transmitting, pursuant to law, a report 
     relative to the U.S.-Morocco Free Trade Agreement; to the 
     Committee on Finance.
       EC-8367. A communication from the Director, Regulations and 
     Forms Services, Bureau of Immigration and Customs 
     Enforcement, transmitting, pursuant to law, the report of a 
     rule entitled ``Authorizing Collection of the Fee Levied on 
     F, J, and M Nonimmigrant Classifications Under Public Law 
     104-208; SEVIS'' (RIN1653-AA23) received on July 6, 2004; to 
     the Committee on Finance.
       EC-8368. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant

[[Page S7827]]

     to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans; State of Alaska; 
     Anchorage Carbon Monoxide Nonattainment Area; Designation of 
     Areas for Air Quality Planning Purposes'' (FRL#7777-1) 
     received on June 24, 2004; to the Committee on Environment 
     and Public Works.
       EC-8369. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; 
     Commonwealth of Virginia; Emission Standards for Mobile 
     Equipment Repair and Refinishing Operations in the Northern 
     Virginia Volatile Organic Compound Emission Control Area'' 
     (FRL777-7) received on June 24, 2004; to the Committee on 
     Environment and Public Works.
       EC-8370. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; Illinois; 
     Definition of Volatile Organic Material or Volatile Organic 
     Compound'' (FRL#7661-8) received on June 24, 2004; to the 
     Committee on Environment and Public Works.
       EC-8371. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; Maryland; 
     Control of Volatile Organic Compound Emissions from Portable 
     Fuel Containers'' (FRL#7671-4) received on June 24, 2004; to 
     the Committee on Environment and Public Works.
       EC-8372. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Primary Drinking Water Regulations: Minor Corrections and 
     Clarification to Drinking Water Regulations; National Primary 
     Drinking Water Regulations for Lead and Copper'' (FRL#7779-4) 
     received on June 24, 2004; to the Committee on Environment 
     and Public Works.
       EC-8373. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Revision to 
     the Preamble of the Final Rule to Implement the 8-Hour Ozone 
     National Ambient Air Quality Standard--Phase 1; Correction'' 
     (FRL#7779-2) received on June 24, 2004; to the Committee on 
     Environment and Public Works.
       EC-8374. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; 
     Pennsylvania; Redesignation of the Warren County SO2 
     Nonattainment Areas and the Mead and Clarendon Unclassifiable 
     Areas to Attainment and Approval of the Maintenance Plan'' 
     (FRL#7777-5) received on June 24, 2004; to the Committee on 
     Environment and Public Works.
       EC-8375. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; 
     Pennsylvania; Revision to the 1-Hour Ozone Maintenance Plan 
     for the Pittsburgh-Beaver Valley Area to Reflect the Use of 
     MOBILE6'' (FRL#7777-9) received on June 24, 2004; to the 
     Committee on Environment and Public Works.
       EC-8376. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans; New Jersey 1-Hour Ozone 
     Control Programs'' (FRL#7776-2) received on June 24, 2004; to 
     the Committee on Environment and Public Works.
       EC-8377. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans; State of Missouri; 
     Designation of Areas for Air Quality Planning Purposes, Iron 
     County; Arcadia and Liberty Townships'' (FRL#7779-9) received 
     on June 24, 2004; to the Committee on Environment and Public 
     Works.
       EC-8378. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Prevention 
     of Significant Deterioration (PSD) and Non-attainment New 
     Source Review (NSR): Equipment Replacement Provision of the 
     Routine Maintenance, Repair, and Replacement Exclusion; 
     Reconsideration'' (FRL#7781-4) received on June 24, 2004; to 
     the Committee on Environment and Public Works.
       EC-8379. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Prevention 
     of Significant Deterioration (PSD) and Non-attainment New 
     Source Review (NSR): Equipment Replacement Provisions of the 
     Routine Maintenance, Repair, and Replacement Exclusion: Stay 
     of Effective Date'' (FRL#7780-1) received on June 24, 2004; 
     to the Committee on Environment and Public Works.
       EC-8380. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Standards of 
     Performance for Stationary Gas Turbines'' (FRL#7780-6) 
     received on June 24, 2004; to the Committee on Environment 
     and Public Works.

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