[Congressional Record Volume 155, Number 89 (Monday, June 15, 2009)]
[Senate]
[Pages S6578-S6580]
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-1955. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``South American Cactus Moth; 
     Quarantine and Regulation'' (Docket No. APHIS-2006-0153) 
     received in the Office of the President of the Senate on June 
     9, 2009; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-1956. A communication from the Secretary of Defense, 
     transmitting a report on the approved retirement of 
     Lieutenant General Norman R. Seip, United States Air Force, 
     and his advancement to the grade of lieutenant general on the 
     retired list; to the Committee on Armed Services.
       EC-1957. A communication from the Secretary of Defense, 
     transmitting a report on the approved retirement of 
     Lieutenant General John L. Hudson, United States Air Force, 
     and his advancement to the grade of lieutenant general on the 
     retired list; to the Committee on Armed Services.
       EC-1958. A communication from the Secretary of Defense, 
     transmitting a report on the approved retirement of 
     Lieutenant General Frances C. Wilson, United States Marine 
     Corps, and her advancement to the grade of lieutenant general 
     on the retired list; to the Committee on Armed Services.
       EC-1959. A communication from the Chief, Congressional 
     Inquiry Division, Office of Legislative Liaison, Department 
     of the Air Force, transmitting, pursuant to law, a report 
     relative to a final decision on the public-private 
     competition affecting the Central Heat Plant Function, 341st 
     Space Wing, Malmstrom Air Force Base, Montana on May 21, 
     2009; to the Committee on Armed Services.
       EC-1960. A communication from the General Counsel of the 
     Department of Defense, transmitting, a report on proposed 
     legislation entitled ``Extension of Temporary, Limited 
     Authority to Use Operation and Maintenance Funds for 
     Contingency Construction Projects Outside the United 
     States''; to the Committee on Armed Services.
       EC-1961. A communication from the General Counsel of the 
     Department of Defense, transmitting, a report on proposed 
     legislation entitled ``Travel and Transportation Allowances 
     for Designated Individuals of Wounded, Ill, or Injured 
     Members for Duration of Inpatient Treatment''; to the 
     Committee on Armed Services.
       EC-1962. A communication from the General Counsel of the 
     Department of Defense, transmitting, a report on proposed 
     legislation entitled ``Exemption from Federal Advisory 
     Committee Act for Combatant Command Advisory Bodies that 
     Include Foreign Government or Foreign Military Members''; to 
     the Committee on Armed Services.
       EC-1963. A communication from the Deputy Secretary of 
     Defense, transmitting, pursuant to law, the annual Developing 
     Countries Combined Exercise Program report of expenditures 
     for Fiscal Year 2008; to the Committee on Armed Services.
       EC-1964. A communication from the Commissioners of the 
     Commission on Wartime Contracting in Iraq and Afghanistan, 
     transmitting, pursuant to law, the Commission's Interim 
     Report to Congress; to the Committee on Armed Services.
       EC-1965. A communication from the Assistant Director for 
     Policy, Office of Foreign Assets Control, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Final Rule Amending 31 CFR Part 538 to Expand the 
     Scope of the Authorization for Sudanese Diplomatic Missions 
     in the United States'' received in the Office of the 
     President of the Senate on June 8, 2009; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-1966. A communication from the Legal Information 
     Assistant, Office of Thrift Supervision, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Fair Credit Reporting Affiliate Marketing 
     Regulations; Identity Theft Red Flags and Address 
     Discrepancies under the Fair and Accurate Credit Transactions 
     Act of 2003'' (RIN1550-AC30) received in the Office of the 
     President of the Senate on June 8, 2009; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-1967. A communication from the General Counsel of the 
     Department of Defense, transmitting, the report of a 
     legislative proposal relative to the National Defense 
     Authorization Bill for Fiscal Year 2010; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-1968. A communication from the Chairman of the Board of 
     Governors, Federal Reserve System, transmitting, a report 
     entitled

[[Page S6579]]

     ``Federal Reserve System Monthly Report on Credit and 
     Liquidity Programs and the Balance Sheet''; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-1969. A communication from the Chief of Publications and 
     Regulations, Internal Revenue Service, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Tier 1 Issue: I.R.C. Section 118 Abuse Directive 
     Number 8'' (LMSB-4-0509-130) received in the Office of the 
     President of the Senate on June 8, 2009; to the Committee on 
     Finance.
       EC-1970. A communication from the Chief of Publications and 
     Regulations, Internal Revenue Service, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Cox v. Commissioner, 514 F.3d 1119 (10th Cir. 
     2008), rev'g 126 T.C.237 (2006)'' (AOD2009-22) received in 
     the Office of the President of the Senate on June 11, 2009; 
     to the Committee on Finance.
       EC-1971. A communication from the Chief of Publications and 
     Regulations, Internal Revenue Service, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Guidance Under Section 409A(a)(2)(A)(v) on certain 
     transactions pursuant to the EESA of 2008'' (Notice 2009-49) 
     received in the Office of the President of the Senate on June 
     8, 2009; to the Committee on Finance.
       EC-1972. A communication from the Chief of Publications and 
     Regulations, Internal Revenue Service, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Tier 1 Issue: I.R.C. Section 118 Abuse Directive 
     Number 7'' (LMSB-4-0509-023) received in the Office of the 
     President of the Senate on June 8, 2009; to the Committee on 
     Finance.
       EC-1973. A communication from the Chief of Publications and 
     Regulations, Internal Revenue Service, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Nonbusiness Energy Property Credit'' (Notice 2009-
     53) received in the Office of the President of the Senate on 
     June 8, 2009; to the Committee on Finance.
       EC-1974. A communication from the Deputy General Counsel, 
     Federal Energy Regulatory Commission, transmitting, pursuant 
     to law, the report of a rule entitled ``Electric Reliability 
     Organization Interpretations of Specific Requirements of 
     Frequency Response and Bias and Voltage and Reactive Control 
     Reliability Standards'' (Docket No. RM08-16-000) received in 
     the Office of the President of the Senate on June 8, 2009; to 
     the Committee on Energy and Natural Resources.
       EC-1975. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revisions to the California State Implementation Plan, San 
     Diego Air Pollution Control District'' (FRL 8906-1) received 
     in the Office of the President of the Senate on June 8, 2009; 
     to the Committee on Environment and Public Works.
       EC-1976. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``International Air Pollution Prevention (IAPP) 
     Certificates'' ((RIN1625-AB31)(Docket No. USCG-2008-0014)) 
     received in the Office of the President of the Senate on June 
     8, 2009; to the Committee on Environment and Public Works.
       EC-1977. A communication from the Deputy Chief of the 
     Regulatory Management Division, Citizenship and Immigration 
     Services, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Removing 
     References to Filing Locations and Obsolete References to 
     Legacy Immigration and Naturalization Service; Adding a 
     Provision to Facilitate the Expansion of the Use of Approved 
     Electronic Equivalents of Paper Forms'' (RIN1615-AB56) 
     received in the Office of the President of the Senate on June 
     8, 2009; to the Committee on the Judiciary.
       EC-1978. A communication from the Deputy Chief of Staff, 
     National Security Division, Department of Justice, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendments to the Justice Department Regulations Regarding 
     Countries Whose Agents Do Not Qualify for the Legal 
     Commercial Transaction Exemption Provided in 18 U.S.C. 
     951(d)(4)'' (AG Order No. 3018-2008) received in the Office 
     of the President of the Senate on June 10, 2009; to the 
     Committee on the Judiciary.
       EC-1979. A communication from the Deputy Assistant 
     Administrator of Diversion Control, Drug Enforcement 
     Administration, Department of Justice, transmitting, pursuant 
     to law, the report of a rule entitled ``Schedules of 
     Controlled Substances: Placement of Tapentadol into Schedule 
     II'' (Docket Number DEA-319P) received in the Office of the 
     President of the Senate on June 9, 2009; to the Committee on 
     the Judiciary.
       EC-1980. A communication from the Acting Administrator, 
     U.S. Agency for International Development, transmitting, 
     pursuant to law, the Semiannual Report of the Inspector 
     General for the period from October 1, 2008, through March 
     31, 2009; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-1981. A communication from the Commissioner of the 
     Social Security Administration, transmitting, pursuant to 
     law, the Semiannual Report of the Inspector General for the 
     period from October 1, 2008, through March 31, 2009; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-1982. A communication from the Director, Congressional 
     Affairs, Federal Election Commission, transmitting, pursuant 
     to law, the Semiannual Report of the Inspector General for 
     the period from October 1, 2008, through March 31, 2009; to 
     the Committee on Homeland Security and Governmental Affairs.
       EC-1983. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report on D.C. Act 18-78, ``Transportation Infrastructure 
     Improvements GARVEE Bond Financing Temporary Act of 2009''; 
     to the Committee on Homeland Security and Governmental 
     Affairs.
       EC-1984. A communication from the Secretary of the 
     Department of the Treasury, transmitting, pursuant to law, 
     the Semiannual Reports from the Office of the Treasury 
     Inspector General and the Treasury Inspector General for Tax 
     Administration for the period from October 1, 2008, through 
     March 31, 2009; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-1985. A communication from the Director of Regulations 
     Management, Veterans Benefits Administration, Department of 
     Veterans Affairs, transmitting, pursuant to law, the report 
     of a rule entitled ``Pension Management Center Manager'' 
     (RIN2900-AN22) received in the Office of the President of the 
     Senate on June 8, 2009; to the Committee on Veterans' 
     Affairs.
       EC-1986. A communication from the Director of Regulations 
     Management, Veterans Benefits Administration, Department of 
     Veterans Affairs, transmitting, pursuant to law, the report 
     of a rule entitled ``Severance Pay, Separation Pay, and 
     Special Separation Benefits'' (RIN2900-AN25) received in the 
     Office of the President of the Senate on June 8, 2009; to the 
     Committee on Veterans' Affairs.
       EC-1987. A communication from the Director of Regulations 
     Management, Veterans Benefits Administration, Department of 
     Veterans Affairs, transmitting, pursuant to law, the report 
     of a rule entitled ``Servicemembers' Group Life Insurance 
     Traumatic Injury Protection Program'' (RIN2900-AN00) received 
     in the Office of the President of the Senate on June 8, 2009; 
     to the Committee on Veterans' Affairs.
       EC-1988. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Sea World Fourth of July Fireworks Display; Mission Bay, San 
     Diego, California'' ((RIN1625-AA00)(Docket No. USG-2009-
     0103)) received in the Office of the President of the Senate 
     on June 8, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1989. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Sea World Memorial Day Fireworks; Mission Bay, San Diego, 
     California'' ((RIN1625-AA00)(Docket No. USG-2009-0625)) 
     received in the Office of the President of the Senate on June 
     8, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1990. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Mission Bay Yacht Club Fourth of July Fireworks; Mission Bay, 
     San Diego, California'' ((RIN1625-AA00)(Docket No. USG-2009-
     0124)) received in the Office of the President of the Senate 
     on June 8, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1991. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Big Bay Fourth of July Fireworks; San Diego, California'' 
     ((RIN1625-AA00)(Docket No. USG-2009-0123)) received in the 
     Office of the President of the Senate on June 8, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1992. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Ocean Beach Fourth of July Fireworks; Pacific Ocean, San 
     Diego, California'' ((RIN1625-AA00)(Docket No. USG-2009-
     0122)) received in the Office of the President of the Senate 
     on June 8, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1993. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Coronado Fourth of July Fireworks; San Diego Bay, San Diego, 
     California'' ((RIN1625-AA00)(Docket No. USG-2009-0120)) 
     received in the Office of the President of the Senate on June 
     8, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1994. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Ocean City Air Show, Atlantic Ocean, Ocean City, Maryland'' 
     ((RIN1625-AA00)(Docket No. USG-2009-0064)) received in the 
     Office of the President of the Senate on June 8, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1995. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Underwater Object, Massachusetts Bay, Massachussetts'' 
     ((RIN1625-

[[Page S6580]]

     AA00)(Docket No. USG-2008-1272)) received in the Office of 
     the President of the Senate on June 8, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-1996. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Safety Zone; 
     Dutch Shoe Regatta; San Diego Harbor, San Diego, California'' 
     ((RIN1625-AA00)(Docket No. USG-2008-1253)) received in the 
     Office of the President of the Senate on June 8, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1997. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Special 
     Local Regulations for Marine Events; Patuxent River, Patuxent 
     River, Maryland'' ((RIN1625-AA08)(Docket No. USG-2009-0107)) 
     received in the Office of the President of the Senate on June 
     8, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1998. A communication from the Attorney, U.S. Coast 
     Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Special 
     Local Regulations for Marine Events; Temporary Change of 
     Dates for Recurring Marine Events in the Fifth Coast Guard 
     District'' ((RIN1625-AA08)(Docket No. USG-2009-0106)) 
     received in the Office of the President of the Senate on June 
     8, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-1999. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Deep-Water Species Fishery by 
     Catcher Vessels in the Gulf of Alaska'' (RIN0648-XP21) 
     received in the Office of the President of the Senate on June 
     9, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2000. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Northern Rockfish, Pacific Ocean 
     Perch, and Pelagic Shelf Rockfish for Catcher Vessels 
     Participating in the Limited Access Rockfish Fishery in the 
     Central Regulatory Area of the Gulf of Alaska'' (RIN0648-
     XP22) received in the Office of the President of the Senate 
     on June 9, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2001. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Shallow-Water Species Fishery by 
     Catcher Processors in the Gulf of Alaska'' (RIN0648-XP23) 
     received in the Office of the President of the Senate on June 
     9, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2002. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Pacific Cod by American Fisheries 
     Act Catcher Processors Using Trawl Gear in the Bering Sea and 
     Aleutian Islands Management Area'' (RIN0648-XP29) received in 
     the Office of the President of the Senate on June 9, 2009; to 
     the Committee on Commerce, Science, and Transportation.
       EC-2003. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries in the Western Pacific; 
     Crustacean Fisheries; Deepwater Shrimp'' (RIN0648-AV29) 
     received in the Office of the President of the Senate on June 
     9, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2004. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Bering Sea and Aleutian Islands 
     Crab Rationalization Program; Amendment 27'' (RIN0648-AW73) 
     received in the Office of the President of the Senate on June 
     9, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2005. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Refugio, Texas'' ((RIN2120-
     AA66)(Docket No. FAA-2009-0241)) received in the Office of 
     the President of the Senate on June 8, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-2006. A communication from the Program Analyst, National 
     Highway Traffic Safety Administration, transmitting, pursuant 
     to law, the report of a rule entitled ``Federal Motor Vehicle 
     Safety Standards; Roof Crush Resistance; Phase-in Reporting 
     Requirements'' (RIN2127-AG51) received in the Office of the 
     President of the Senate on June 8, 2009; to the Committee on 
     Commerce, Science, and Transportation.
       EC-2007. A communication from the Trial Attorney, Federal 
     Railroad Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Miscellaneous Revisions of the Procedures for Handling 
     Petitions for Emergency Waiver of Safety Regulations and the 
     Procedures for Disqualifying Individuals from Performing 
     Safety-Sensitive Functions'' ((RIN2130-AC02)(Docket No. FRA-
     2009-0006; Notice No.1)) received in the Office of the 
     President of the Senate on June 8, 2009; to the Committee on 
     Commerce, Science, and Transportation.
       EC-2008. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Pratt & Whitney (PW) JT9D-7R4 
     Series Turbofan Engines'' ((RIN2120-AA64)(Docket No. FAA-
     2006-23742)) received in the Office of the President of the 
     Senate on June 8, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2009. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; BAE Systems (Operations) Limited 
     (Jetstream) Model 4101 Airplanes'' ((RIN2120-AA64)(Docket No. 
     FAA-2009-10-02)) received in the Office of the President of 
     the Senate on June 8, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2010. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; 328 Support Services GmbH Dornier 
     Model 328-100 and -300 Airplanes'' ((RIN2120-AA64)(Docket No. 
     FAA-2009-0419)) received in the Office of the President of 
     the Senate on June 8, 2009; to the Committee on Commerce, 
     Science, and Transportation.

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