[Congressional Record Volume 150, Number 109 (Tuesday, September 14, 2004)]
[Senate]
[Pages S9218-S9220]
From the Congressional Record Online through the Government Publishing 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-9139. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Applicable Federal Rates--September 2004'' (Rev. 
     Rul. 2004-69) received on August 26, 2004; to the Committee 
     on Finance.
       EC-9140. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``2004 National Protocol'' (Rev. Proc. 2004-52) 
     received on August 26, 2004; to the Committee on Finance.
       EC-9141. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Guidance Under Section 1502; Treatment of Loss 
     Carryovers from Separate Return Limitation Years'' (RIN1545-
     BD58) received on August 26, 2004; to the Committee on 
     Finance.
       EC-9142. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Plan Amendments Following Election of Alternative 
     Deficit Reduction Contribution'' (Notice 2004-59) received on 
     August 26, 2004; to the Committee on Finance.
       EC-9143. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``July-September 2004 Bond Factor Amounts'' (Rev. 
     Rule 2004-89) received on August 26, 2004; to the Committee 
     on Finance.
       EC-9144. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Extension of Time to Elect Method for Determining 
     Allowable Loss'' (TD9154) received on August 26, 2004; to the 
     Committee on Finance.
       EC-9145. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Subsidiary Stock Loss Under Section 1.337(d)-2T'' 
     (Notice 2004-58) received on August 26, 2004; to the 
     Committee on Finance.
       EC-9146. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Guidance on Discrepancies Caused by Acquisitions, 
     Statutory Mergers, or Consolidations'' (Rev. Proc. 2004-53) 
     received on August 26, 2004; to the Committee on Finance.
       EC-9147. A communication from the Chief, Regulations 
     Branch, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Technical 
     Corrections to Customs and Border Protection Regulations'' 
     (CBP Dec 04-28) received on September 6, 2004; to the 
     Committee on Finance.
       EC-9148. A communication from the Chief, Regulations 
     Branch, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Patent 
     Surveys'' (RIN1561-AA36) received on September 6, 2004; to 
     the Committee on Finance.
       EC-9149. A communication from the Chief, Regulations 
     Branch, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Customs 
     Broker License Examination Date'' (RIN1651-AA46) received on 
     September 6, 2004; to the Committee on Finance.
       EC-9150. A communication from the Chairman, International 
     Trade Commission, transmitting, pursuant to law, a report 
     entitled ``US-Dominican Republic-Central America Free Trade 
     Agreement: Potential Economywide and Selected Sectoral 
     Effects''; to the Committee on Finance.
       EC-9151. A communication from the Assistant Secretary for 
     Fish and Wildlife and Parks, Fish and Wildlife Service, 
     National Wildlife Refuge Service, transmitting, pursuant to 
     law, the report of a rule entitled ``2004-2005 Refuge 
     Specific Hunting and Sport Fishing Regulations'' (RIN1018-
     AT40) received on September 6, 2004; to the Committee on 
     Energy and Natural Resources.
       EC-9152. A communication from the Assistant Secretary for 
     Land and Minerals Management, Department of the Interior, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Accounting and Auditing Relief for Marginal Properties'' 
     (RIN1010-AC30) received on September 13, 2004; to the 
     Committee on Energy and Natural Resources.
       EC-9153. A communication from the Director, Office of Human 
     Resources Management, Department of Energy, transmitting, 
     pursuant to law, the report of a vacancy and designation of 
     acting officer for the position of Assistant Secretary for 
     Environmental Management, Department of Energy, received on 
     September 6, 2004; to the Committee on Energy and Natural 
     Resources.
       EC-9154. A communication from the Chairman, Federal Energy 
     Regulatory Commission, transmitting, pursuant to law, a 
     report relative to vegetation management practices for 
     designated transmission facilities and rights-of-way; to the 
     Committee on Energy and Natural Resources.
       EC-9155. A communication from the Secretary of Energy, 
     transmitting, pursuant to law, a report relative to the 
     amount of acquisitions made by the Department of Energy that 
     manufacture the articles, materials, or supplies outside of 
     the United States; to the Committee on Energy and Natural 
     Resources.
       EC-9156. A communication from the Director, Office of 
     Surface Mining, Department of the Interior, transmitting, 
     pursuant to law, the report of a rule entitled ``Maryland 
     Regulatory Program'' (MD-054-FOR) received on September 8, 
     2004; to the Committee on Energy and Natural Resources.
       EC-9157. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Adequacy of 
     Minnesota Municipal Solid Waste Landfill Program'' (FRL#7810-
     9) received on September 8, 2004; to the Committee on Energy 
     and Natural Resources.
       EC-9158. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of State Air Quality Plans for Designated 
     Facilities and Pollutants, Commonwealth of Virginia; Control 
     of Emissions from Existing Hospital/Medical/Infectious Waste 
     Incinerator Units'' (FRL#7810-7) received on September 8, 
     2004; to the Committee on Energy and Natural Resources.
       EC-9159. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Clean Air 
     Act Approval of Revisions to the Title V Operating Permit 
     Program in the State of New Mexico, Albuquerque/Bernalillo 
     County, New Mexico, and the State of Arkansas'' (FRL#7810-2) 
     received on September 8, 2004; to the Committee on Energy and 
     Natural Resources.

[[Page S9219]]

       EC-9160. A communication from the Secretary of the 
     Interior, transmitting, pursuant to law, a report entitled 
     ``Quality of Water, Colorado River Basin, Progress Report No. 
     21''; to the Committee on Energy and Natural Resources.
       EC-9161. A communication from the Assistant Secretary, 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to the Compacts of Free 
     Association with the Republic of the Marshall Islands (RMI) 
     and the Federated States of Micronesia (FSM); to the 
     Committee on Energy and Natural Resources.
       EC-9162. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Extension of Time for Filing Written Statement 
     Under Rev. Proc. 2004-23'' (Rev. Proc. 2004-57) received on 
     September 8, 2004; to the Committee on Finance.
       EC-9163. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``I.R.C Sec. 7805(b) Relief from Retroactive 
     Application of Rev. Rule 2004-75'' (Rev. Rule 2004-97) 
     received on September 8, 2004; to the Committee on Finance.
       EC-9164. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Weighted Average Interest Rate Update Notice--
     Pension Funding Equity Act of 2004'' (Notice 2004-60) 
     received on September 8, 2004; to the Committee on Finance.
       EC-9165. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Transfers of Compensatory Options'' (TD9148) 
     received on September 8, 2004; to the Committee on Finance.
       EC-9166. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Kaffenberger v. United States 314 F 3d944 (8th 
     Cir. 2003)'' (AOD2004-35) received on September 8, 2004; to 
     the Committee on Finance.
       EC-9167. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Diane Fernandez v. Commissioner'' (AOD 2004-35) 
     received on September 8, 2004; to the Committee on Finance.
       EC-9168. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Section 42 Q&A II'' (Rev. Rule 2004-82) received 
     on September 8, 2004; to the Committee on Finance.
       EC-9169. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Section 988 Foreign Currency Denominated 
     Contingent Debt Instruments'' (RIN1545-AW33) received on 
     September 8, 2004; to the Committee on Finance.
       EC-9170. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Bureau of Labor Statistics Prices Indexes for 
     Department Stores'' (Rev. Rul. 2004-93) received on September 
     8, 2004; to the Committee on Finance.
       EC-9171. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Appeals Settlement Guidelines: Leasing 
     Promotions--Penalties for Leasing Stripping Transactions'' 
     (UIL:9300.03-00) received on September 8, 2004; to the 
     Committee on Finance.
       EC-9172. A communication from the Acting Chief, 
     Publications and Regulations Branch, Internal Revenue 
     Service, transmitting, pursuant to law, the report of a rule 
     entitled ``Determination of Interest Rates--October 1, 2004'' 
     (Rev. Rule 2004-92) received on September 8, 2004; to the 
     Committee on Finance.
       EC-9173. A communication from the Regulations Officer, 
     Social Security Administration, transmitting, pursuant to 
     law, the report of a rule entitled ``Evidence Requirements 
     for Assignment of Social Security Numbers (SSNs); Assignment 
     of SSNs to Foreign Academic Students in Immigration and 
     Naturalization Classification Status F1'' (RIN0960-AF87) 
     received on September 9, 2004; to the Committee on Finance.
       EC-9174. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, Department of State, transmitting, 
     pursuant to law, the report of the texts and background 
     statements, other than treaties; to the Committee on Foreign 
     Relations.
       EC-9175. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to the export of Oleoresin 
     Capsicum (OC) riot control equipment and rubber hand ball 
     grenades to the Iraq Ministry of Interior; to the Committee 
     on Foreign Relations.
       EC-9176. A communication from the Executive Secretary and 
     Chief of Staff, U.S. Agency for International Development, 
     transmitting, pursuant to law, the report of a designation of 
     acting officer for the position of Assistant Administrator, 
     Bureau for Africa, U.S. Agency for International Development; 
     to the Committee on Foreign Relations.
       EC-9177. A communication from the Executive Secretary and 
     Chief of Staff, U.S. Agency for International Development, 
     transmitting, pursuant to law, the report of a 
     discontinuation of service in acting role for the position of 
     Assistant Administrator, Bureau for Asia and the Near East, 
     U.S. Agency for International Development; to the Committee 
     on Foreign Relations.
       EC-9178. A communication from the Executive Secretary and 
     Chief of Staff, U.S. Agency for International Development, 
     transmitting, pursuant to law, the report of a nomination 
     confirmed for the position of Assistant Administrator, Bureau 
     for Asia and the Near East, U.S. Agency for International 
     Development; to the Committee on Foreign Relations.
       EC-9179. A communication from the Executive Secretary and 
     Chief of Staff, U.S. Agency for International Development, 
     transmitting, pursuant to law, the report of a vacancy for 
     the position of Assistant Administrator, Bureau for Africa, 
     U.S. Agency for International Development; to the Committee 
     on Foreign Relations.
       EC-9180. A communication from the Secretary of State, 
     transmitting, pursuant to law, a report prepared by the 
     Department of State relative to the Authorization for the Use 
     of Force Against Iraq Resolution; to the Committee on Foreign 
     Relations.
       EC-9181. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, Department of State, transmitting, 
     pursuant to law, the report of texts and background 
     statements for international agreements, other than treaties; 
     to the Committee on Foreign Relations.
       EC-9182. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to the Arms Export Control Act, the report of a 
     proposed manufacturing license agreement for the manufacture 
     of significant military equipment abroad and the export of 
     defense articles or defense services in the amount of 
     $100,000,000 to Japan; to the Committee on Foreign Relations.
       EC-9183. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to the Arms Export Control Act, the report of a 
     proposed license for the export of defense articles or 
     defense services sold commercially in the amount of 
     $100,000,000 or more to the United States; to the Committee 
     on Foreign Relations.
       EC-9184. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to the Arms Export Control Act, the report of a 
     proposed transfer of major defense equipment valued at 
     $25,000,000 or more to the governments of Belgium, Denmark, 
     the Netherlands, and Norway; to the Committee on Foreign 
     Relations.
       EC-9185. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to the Arms Export Control Act, the report of a 
     proposed transfer of major defense equipment valued at 
     $25,000,000 or more to Spain; to the Committee on Foreign 
     Relations.
       EC-9186. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to the Arms Export Control Act, the report of a 
     proposed transfer of major defense equipment valued at 
     $25,000,000 or more to the Netherlands; to the Committee on 
     Foreign Relations.
       EC-9187. A communication from the Inspector General, 
     Railroad Retirement Board, transmitting, pursuant to law, the 
     report of the Office of Inspector General for fiscal year 
     2006; to the Committee on Governmental Affairs.
       EC-9188. A communication from the Director, Office of 
     Personnel Management, Division for Strategic Human Resources 
     Policy, transmitting, pursuant to law, the report of a rule 
     entitled ``Executive Performance and Accountability'' 
     received on September 6, 2004; to the Committee on 
     Governmental Affairs.
       EC-9189. A communication from the Chairman, Federal Trade 
     Commission, transmitting, pursuant to law, the report of the 
     Office of Inspector General for the period ending March 31, 
     2004; to the Committee on Governmental Affairs.
       EC-9190. A communication from the Director, Office of 
     Personnel Management, transmitting, pursuant to law, the 
     report of the Office of Inspector General for the period from 
     October 1, 2003 to March 31, 2004; to the Committee on 
     Governmental Affairs.
       EC-9191. A communication from the Director for Benefit 
     Design and Compliance, AgriBank, transmitting, pursuant to 
     law, a report relative to the financial condition of the 
     Retirement Plans for the Employees of the Seventh and 
     Eleventh Farm Credit Districts and Northwest Farm Credit 
     Services; to the Committee on Governmental Affairs.
       EC-9192. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-488, ``Multiple Dwelling Residence 
     Water Lead Level Test Temporary Act of 2004''; to the 
     Committee on Governmental Affairs.
       EC-9193. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-489, ``District Government 
     Reemployed Annuitant Offset Elimination Amendment Act of 
     2004''; to the Committee on Governmental Affairs.
       EC-9194. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-490, ``Juvenile Flotation

[[Page S9220]]

     Device Requirement Amendment Act of 2004''; to the Committee 
     on Governmental Affairs.
       EC-9195. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-491, ``Washington Convention Center 
     Authority Advisory Committee Continuity Third Temporary 
     Amendment Act of 2004''; to the Committee on Governmental 
     Affairs.
       EC-9196. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-492, ``Free Clinic Assistance 
     Program Extension Temporary Amendment Act of 2004''; to the 
     Committee on Governmental Affairs.
       EC-9197. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-498, ``Board of Education 
     Continuity and Transition Amendment Act of 2004''; to the 
     Committee on Governmental Affairs.
       EC-9198. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-503, ``Inspector General 
     Appointment and Term Clarification Amendment Act of 2004''; 
     to the Committee on Governmental Affairs.
       EC-9199. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-504, ``Washington Convention Center 
     Authority Advisory Committee Amendment Act of 2004''; to the 
     Committee on Governmental Affairs.
       EC-9200. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-505, ``Georgetown Project and Noise 
     Control Amendment Act of 2004''; to the Committee on 
     Governmental Affairs.
       EC-9201. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-506, ``Captive Insurance Company 
     Enhancement Temporary Amendment Act of 2004''; to the 
     Committee on Governmental Affairs.
       EC-9202. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-521, ``Commission on Human Rights 
     Establishment Amendment Act of 2004''; to the Committee on 
     Governmental Affairs.
       EC-9203. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-522, ``Office of Administrative 
     Hearings Establishment Amendment Act of 2004''; to the 
     Committee on Governmental Affairs.
       EC-9204. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-523, ``Help America Vote Amendment 
     Act of 2004''; to the Committee on Governmental Affairs.
       EC-9205. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-527, ``Anacostia Waterfront 
     Corporation Act of 2004''; to the Committee on Governmental 
     Affairs.
       EC-9206. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-478, ``Board of Education 
     Continuity and Transition Temporary Amendment Act of 2004''; 
     to the Committee on Governmental Affairs.
       EC-9207. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-473, ``Mental Health Civil 
     Commitment Extension Temporary Act of 2004''; to the 
     Committee on Governmental Affairs.
       EC-9208. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-477, ``Motorized Bicycle 
     Responsibility Clarification Temporary Amendment Act of 
     2004''; to the Committee on Governmental Affairs.
       EC-9209. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-476, ``Office of Property 
     Management Reform Temporary Amendment Act of 2004''; to the 
     Committee on Governmental Affairs.
       EC-9210. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-475, ``Public Congestion and Venue 
     Protection Temporary Act of 2004''; to the Committee on 
     Governmental Affairs.
       EC-9211. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-474, ``Presidential Elector 
     Deadline Waiver Second Temporary Amendment Act of 2004''; to 
     the Committee on Governmental Affairs.
       EC-9212. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-472, ``Tax Increment Financing 
     Reauthorization Date Temporary Amendment Act of 2004''; to 
     the Committee on Governmental Affairs.
       EC-9213. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-471, ``Walter Reed Property Tax 
     Exemption Reconfirmation Temporary Act of 2004''; to the 
     Committee on Governmental Affairs.
       EC-9214. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-470, ``Juvenile Flotation Device 
     Requirement Temporary Amendment Act of 2004''; to the 
     Committee on Governmental Affairs.
       EC-9215. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, 
     the report of D.C. Act 15-469, ``Eastern Market Amendment Act 
     of 2004''; to the Committee on Governmental Affairs.
       EC-9216. A communication from the Director, Office of 
     Personnel Management, Division for Strategic Human Resources 
     Management, transmitting, pursuant to law, the report of a 
     rule entitled ``Locality-based Comparability Payments'' 
     received on September 6, 2004; to the Committee on 
     Governmental Affairs.
       EC-9217. A communication from the Director, Office of 
     General Counsel and Legal Policy, Office of Government 
     Ethics, transmitting, pursuant to law, the report of a rule 
     entitled ``Technical Amendment to Executive Branch Regulation 
     Governing the Reporting Period for Incumbent Public Financial 
     Disclosure Reports'' (RIN3209-AA00) received on September 9, 
     2004; to the Committee on Governmental Affairs.
       EC-9218. A communication from the Director, Office of 
     Management and Budget, Executive Office of the President, 
     transmitting, pursuant to law, the Office's Federal Financial 
     Management Report; to the Committee on Governmental Affairs.

                          ____________________