[Congressional Record Volume 150, Number 132 (Wednesday, November 17, 2004)]
[Senate]
[Pages S11427-S11429]
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-9745. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, Department of State, transmitting, 
     pursuant to the Case-Zablocki Act, 1 U.S.C. 112b, the report 
     of the texts and background statements of international 
     agreements, other than treaties; to the Committee on Foreign 
     Relations.
       EC-9746. A message from the President of the United States, 
     transmitting, pursuant to law, a report of the continuation 
     of the national emergency regarding weapons of mass 
     destruction; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-9747. A message from the President of the United States, 
     transmitting, pursuant to law, a report of the continuation 
     of the national emergency with respect to Iran; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-9748. A communication from the Associate General Counsel 
     for Legislation and Regulations, Office of the Assistant 
     Secretary for Housing, Department of Housing and Urban 
     Development, transmitting, pursuant to law, the report of a 
     rule entitled ``HUD's Housing Goals for the Federal National 
     Mortgage Association (Fannie Mae) and the Federal Home Loan 
     Mortgage Corporation (Freddie Mac) for the Years 2005-2008 
     and Amendments to HUD's Regulations of Fannie Mae and Freddie 
     Mac'' (RIN2501-AC92) received on November 4, 2004; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-9749. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``Evaluation of Medicare's Competitive Bidding 
     Demonstration for Durable Medical Equipment, Prosthetics, 
     Orthotics, and Supplies''; to the Committee on Finance.
       EC-9750. A communication from the Regulations Coordinator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Revisions to 
     Payment Policies Under the Physician Fee Schedule for CY 
     2005'' (RIN0938-AM90) received on November 15, 2004; to the 
     Committee on Finance.
       EC-9751. A communication from the Regulations Coordinator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Prospective 
     Payment System for Inpatient Psychiatric Facilities'' 
     (RIN0938-AL50) received on November 15, 2004; to the 
     Committee on Finance.
       EC-9752. A communication from the Regulations Coordinator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Changes to the 
     Hospital Outpatient Prospective Payment System and Calendar 
     Year 2005 Payment Rates'' (RIN0938-AM75) received on November 
     15, 2004; to the Committee on Finance.
       EC-9753. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, Department of State, transmitting, 
     pursuant to the Case-Zablocki Act, 1 U.S.C. 112b, the report 
     of the texts and background statements of international 
     agreements, other than treaties; to the Committee on Foreign 
     Relations.
       EC-9754. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, Department of State, transmitting, 
     pursuant to the Case-Zablocki Act, 1 U.S.C. 112b, the report 
     of the texts and background statements of international 
     agreements, other than treaties; to the Committee on Foreign 
     Relations.
       EC-9755. A communication from the Chairman, Occupational 
     Safety and Health Review Commission, transmitting, pursuant 
     to law, the report of the Office of Inspector General for 
     fiscal year 2004; to the Committee on Governmental Affairs.
       EC-9756. A communication from the Special Counsel, Office 
     of Special Counsel, transmitting, pursuant to law, a report 
     relative to the Federal Managers' Financial Integrity Act/
     Inspector General Act Reports; to the Committee on 
     Governmental Affairs.
       EC-9757. A communication from the Archivist, National 
     Archives and Records Administration, transmitting, pursuant 
     to law, the inventory of the Administration's commercial and 
     inherently governmental activities; to the Committee on 
     Governmental Affairs.
       EC-9758. 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 ``Premium Pay Limitations'' received on October 14, 
     2004; to the Committee on Governmental Affairs.
       EC-9759. A communication from the Administrator, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the Agency's 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-9760. A communication from the Auditor of the District 
     of Columbia, transmitting, pursuant to law, a report entitled 
     ``Ineffective Management, Poor Internal Controls, and 
     Inadequate Financial Oversight Found Within the District's 
     Subsidized Child Care Program; to the Committee on 
     Governmental Affairs''; to the Committee on Governmental 
     Affairs.
       EC-9761. A communication from the Auditor of the District 
     of Columbia, transmitting, pursuant to law, a report entitled 
     ``Audit of Advisory Neighborhood Commission 7B for Fiscal 
     Years 2001 Through 2004 as of June 30, 2004''; to the 
     Committee on Governmental Affairs.
       EC-9762. A communication from the Auditor of the District 
     of Columbia, transmitting, pursuant to law, a report entitled 
     ``Analysis of the Office of the Chief Financial Officer's 
     Exception Account for Fiscal Years 2003 and 2004, as of June 
     30, 2004''; to the Committee on Governmental Affairs.
       EC-9763. A communication from the Auditor of the District 
     of Columbia, transmitting, pursuant to law, a report entitled 
     ``Results of the Auditor's Examination of the Processes 
     Leading to the Award of a Sole Source, Non-Competitive 
     Contract, and Blanket Purchase Agreement to Curtis Lewis & 
     Associates''; to the Committee on Governmental Affairs.

[[Page S11428]]

       EC-9764. A communication from the Director, Center for 
     Employee and Family Support Policy, Office of Personnel 
     Management, transmitting, pursuant to law, the report of a 
     rule entitled ``Federal Employees Health Benefits Children's 
     Equity'' (RIN3206-AJ34) received on October 25, 2004; to the 
     Committee on Governmental Affairs.
       EC-9765. A communication from the Administrator, General 
     Services Administration, transmitting, pursuant to law, a 
     report relative to the Administration's Fiscal Year 2005 
     Capital Investment and Leasing Program; to the Committee on 
     Governmental Affairs.
       EC-9766. A communication from the Administrator, General 
     Services Administration, transmitting, pursuant to law, a 
     report relative to the Administration's Fiscal Year 2005 
     Capital Investment and Leasing Program; to the Committee on 
     Governmental Affairs.
       EC-9767. A communication from the Senior Procurement 
     Executive, Office of the Chief Acquisition Officer, National 
     Aeronautics and Space Administration, transmitting, pursuant 
     to law, the report of a rule entitled ``Federal Acquisition 
     Regulation; Federal Acquisition Circular 2001-25'' (FAC 2001-
     25) received on October 26, 2004; to the Committee on 
     Governmental Affairs.
       EC-9768. A communication from the Auditor of the District 
     of Columbia, transmitting, pursuant to law, a report entitled 
     ``Effectiveness of the Special Nutrition and Commodities 
     Distribution Program Was Hindered by Lax Management and 
     Inadequate Oversight by Other Agencies''; to the Committee on 
     Governmental Affairs.
       EC-9769. A communication from the Executive Director, 
     United States Access Board, transmitting, pursuant to law, 
     the Board's report under the Inspector General Act and the 
     Federal Managers' Financial Integrity Act for fiscal year 
     2004; to the Committee on Governmental Affairs.
       EC-9770. A communication from the Special Counsel, Office 
     of Special Counsel, transmitting, pursuant to law, a report 
     relative to the last full year of operations under the 
     previous Special Counsel; to the Committee on Governmental 
     Affairs.
       EC-9771. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Over-the-Counter Human Drugs; Labeling Requirements; Delay 
     of Implementation Date'' (RIN0910-AA79) received on October 
     14, 2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-9772. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Orthopedic Devices; Effective Date of Requirement for 
     Premarket Approval for Hip Joint Metal/Polymer or Ceramic/
     Polymer Semiconstrained Resurfacing Cemented Prosthesis'' 
     (Doc. No. 2003N-0561) received on October 14, 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-9773. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Listng of Color Additives Subject to Certification; D&C 
     Black No . 2; Confirmation of Effective Date'' (Doc. No. 
     1987C-0023) received on October 14, 2004; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-9774. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Medical Devices; Immunology and Microbiology Devices; 
     Classification of the Beta-Glucan Serological Assay'' (Doc. 
     No. 2004N-0370) received on October 14, 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-9775. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Medical Devices; Clinical Chemistry and Clinical Toxicology 
     Devices; Classification of Sirolimus Test System Devices'' 
     (Doc. No. 2004P-0354) received on October 14, 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-9776. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``Assets for Independence Demonstration Program: 
     Status at the Conclusion of the Third and Fourth Years''; to 
     the Committee on Health, Education, Labor, and Pensions.
       EC-9777. A communication from the Regulations Coordinator, 
     Administration for Children and Families, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Child Support Enforcement 
     Program; Federal Tax Refund Offset'' (RIN0970-AC09) received 
     on October 26, 2004; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-9778. A communication from the Secretary of Education, 
     transmitting, pursuant to law, the Department of Education's 
     Annual Report to Congress on Grants Streamlining; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-9779. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     relative to the effectiveness of programs assisted under the 
     Lead Contamination Control Act of 1988; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-9780. A communication from the Assistant Attorney 
     General, Department of Justice, transmitting, pursuant to 
     law, the 2003 Annual Report of the National Institute of 
     Justice; to the Committee on the Judiciary.
       EC-9781. A communication from the Under Secretary and 
     Director, Patent and Trademark Office, transmitting, pursuant 
     to law, the report of a rule entitled ``Changes to Support 
     Implementation of the United States Patent and Trademark 
     Office 21st Century Strategic Plan'' (RIN0651-AB64) received 
     on October 15, 2004; to the Committee on the Judiciary.
       EC-9782. A communication from the Under Secretary and 
     Director, Patent and Trademark Office, transmitting, pursuant 
     to law, the report of a rule entitled ``New Mailing Addresses 
     for Paper Submissions of Trademark-Related Correspondence and 
     Madrid Protocol Rules Change'' (RIN0651-AB78) received on 
     October 15, 2004; to the Committee on the Judiciary.
       EC-9783. A communication from the General Counsel, 
     Executive Office for Immigration Review, Department of 
     Justice, transmitting, pursuant to law, the report of a rule 
     entitled ``Section 212(c) Relief for Aliens With Certain 
     Criminal Convictions Before April 1, 1970'' (RIN1125-AA33) 
     received on October 18, 2004; to the Committee on the 
     Judiciary.
       EC-9784. A communication from the Director, Regulatory 
     Management Division, Citizenship and Immigration Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Adding Actuaries and Plant Pathologists to Appendix 
     1603.D.1 of the North American Free Trade Agreement'' 
     (RIN1615-AA38) received on October 18, 2004; to the Committee 
     on the Judiciary.
       EC-9785. A communication from the Secretary, American 
     Battle Monuments Commission, transmitting, pursuant to law, 
     the Commission's Fiscal Year 2004 Annual Report; to the 
     Committee on the Judiciary.
       EC-9786. A communication from the Under Secretary and 
     Director, Patent and Trademark Office, transmitting, pursuant 
     to law, the report of a rule entitled ``Waiver of Pixel 
     Requirement for Drawings Filed Electronically'' (RIN0651-
     AB82) received on November 4, 2004; to the Committee on the 
     Judiciary.
       EC-9787. A communication from the National Service Officer, 
     American Gold Star Mothers, Inc., transmitting, pursuant to 
     law, the CPA audit of the American Gold Star Mothers, Inc., 
     for the District of Columbia Tax Exemption; to the Committee 
     on the Judiciary.
       EC-9788. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to the status of machine-
     readable passport programs in countries participating in the 
     Visa Waiver Program; to the Committee on the Judiciary.
       EC-9789. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Cyprodinil; 
     Pesticide Tolerance'' (FRL#7682-1) received on October 13, 
     2004; to the Committee on Environment and Public Works.
       EC-9790. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Mepanipyrim; 
     Pesticide Tolerances'' (FRL#7681-8) received on October 13, 
     2004; to the Committee on Environment and Public Works.
       EC-9791. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Revisions to 
     the California State Implementation Plan, San Joaquin Valley 
     Unified Air Pollution Control District'' (FRL#7818-6) 
     received on October 13, 2004; to the Committee on Environment 
     and Public Works.
       EC-9792. 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; Colorado; 
     Designation of Areas for Air Quality Planning Purposes, 
     Steamboat Springs'' (FRL#7815-5) received on October 13, 
     2004; to the Committee on Environment and Public Works.
       EC-9793. 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 VOC Emissions from Yeast Manufacturing'' 
     (FRL#7819-7) received on October 13, 2004; to the Committee 
     on Environment and Public Works.
       EC-9794. 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; 
     Redesignation of Kent and Queen Anne's Counties Ozone 
     Nonattainment and Approval of the Area's Maintenance Plan'' 
     (FRL#7821-1) received on October 13, 2004; to the Committee 
     on Environment and Public Works.
       EC-9795. 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 VOC and NOx RACT Determinations for National 
     Fuel Gas Supply Corporation'' (FRL#7822-5) received on 
     October 13, 2004; to the Committee on Environment and Public 
     Works.
       EC-9796. A communication from the Deputy Associate 
     Administrator, Environmental

[[Page S11429]]

     Protection Agency, transmitting, pursuant to law, the report 
     of a rule entitled ``Approval and Promulgation of Air Quality 
     Implementation Plans; West Virginia; Determination of 
     Attainment and Redesignation of the city of Weirton PM10 
     Nonattainment Area to Attainment and Approval of the 
     Maintenance Plan'' (FRL#7821-4) received on October 13, 2004; 
     to the Committee on Environment and Public Works.
       EC-9797. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Clean Air 
     Act Approval and Promulgation of Air Quality Implementation 
     Plan Revision for North Dakota; Revisions to the Air 
     Pollution Control Rules; Delegation of Authority for New 
     Source Performance Standards'' (FRL#7823-2) received on 
     October 13, 2004; to the Committee on Environment and Public 
     Works.
       EC-9798. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Environmental Performance Track Program; Corrections'' 
     (FRL#7830-1) received on October 13, 2004; to the Committee 
     on Environment and Public Works.
       EC-9799. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Revisions to 
     the California State Implementation Plan, Bay Area Quality 
     Management District'' (FRL#7811-2) received on October 13, 
     2004; to the Committee on Environment and Public Works.
       EC-9800. 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; Idaho; 
     Correcting Amendments'' (FRL#7825-3) received on October 13, 
     2004; to the Committee on Environment and Public Works.
       EC-9801. 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#7831-1) received 
     on October 13, 2004; to the Committee on Environment and 
     Public Works.
       EC-9802. 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; Texas; Memorandum of 
     Agreement between Texas Council on Environmental Quality and 
     the North Central Texas Council of Governments Providing 
     Emissions Offsets to Dallas Fort Worth International 
     Airport'' (FRL#7830-8) received on October 13, 2004; to the 
     Committee on Environment and Public Works.
       EC-9803. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Plan Revisions; Indiana'' (FRL#7826-8) 
     received on October 13, 2004; to the Committee on Environment 
     and Public Works.
       EC-9804. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Final 
     Authorization of State Hazardous Waste Management Program 
     Revision'' (FRL#7832-2) received on October 13, 2004; to the 
     Committee on Environment and Public Works.
       EC-9805. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Revisions to 
     the Arizona State Implementation Plan, Arizona Department of 
     Environmental Quality'' (FRL#7820-2) received on October 13, 
     2004; to the Committee on Environment and Public Works.
       EC-9806. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Water 
     Quality Standards; Withdrawal of Certain Federal Water 
     Quality Criteria Applicable to Alaska, Arkansas, and Puerto 
     Rico'' (FRL#7825-1) received on October 13, 2004; to the 
     Committee on Environment and Public Works.

                          ____________________