[Congressional Record (Bound Edition), Volume 149 (2003), Part 14]
[Senate]
[Pages 19116-19118]
[From the U.S. 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-3371. A communication from the Federal Register, 
     Certifying Officer, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Federal 
     Government Participation in the Automated Clearing House'' 
     (RIN1510-AA89) received on July 17, 2003; to the Committee on 
     Finance.
       EC-3372. A communication from the Commissioner, Social 
     Security Administration, transmitting, the Administration's 
     draft bill to make amendments to the Old-Age, Survivors, and 
     Disability Insurance and Supplemental Security Income 
     programs; to the Committee on Finance.
       EC-3373. A communication from the Chairman, International 
     Trade Commission, transmitting, pursuant to law, the report 
     of the Office of Inspector General for the period October 1, 
     2002 through March 31, 2003; to the Committee on Finance.
       EC-3374. A communication from the Chief, Regulations 
     Branch, Bureau of Customs and Border Protection, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Civil Fines for Importation of Merchandise Bearing a 
     Counterfeit Mark'' (RIN1515-AC98) received on July 22, 2003; 
     to the Committee on Finance.
       EC-3375. A communication from the Chief, Regulations 
     Branch, Bureau of Customs and Border Protection, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``User Fees'' (RIN1515-AC81) received on July 22, 2003; to 
     the Committee on Finance.
       EC-3376. A communication from the Chief, Regulations 
     Branch, Bureau of Customs and Border Protection, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Refund of Duties on Imports of Certain Wool Products'' 
     (RIN1515-AD27) received on July 22, 2003; to the Committee on 
     Finance.
       EC-3377. A communication from the Chief, Regulations 
     Branch, Bureau of Customs and Border Protection, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Technical Corrections: Rules of Origin of Imported Goods 
     (Other than Textile and Apparel Products) for the Purposes of 
     the NAFTA'' (CBP Dec. 03-11) received on July 22, 2003; to 
     the Committee on Finance.
       EC-3378. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Section 6039D Reporting 
     Requirements'' (Notice 2002-24) received on July 17, 2003; to 
     the Committee on Finance.
       EC-3379. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Application of Partial Payments 
     to Assessed Tax, Penalty, and Interest'' (Rev. Proc. 2002-26) 
     received on July 17, 2003; to the Committee on Finance.
       EC-3380. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Rev. Proc. 2002-27; Depreciation 
     of Tires'' (RP-105904-00) received on July 17, 2003; to the 
     Committee on Finance.
       EC-3381. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Rev. Rul. 2002-19--Medical 
     Expense Deduction for Weight-loss Expenses'' (Rev. Rul. 2002-
     19) received on July 17, 2003; to the Committee on Finance.
       EC-3382. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Appeals Settlement Guidelines: 
     Petroleum-Capitalization of Delay Rentals'' (UIL0263A.01-05) 
     received on July 17, 2003; to the Committee on Finance.
       EC-3383. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Debt Instruments with Original 
     Issue Discount; Annuity Contracts'' (RIN1545-AY60) received 
     on July 17, 2003; to the Committee on Finance.
       EC-3384. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Rev. Proc. 2002-9--Automatic 
     Consent to Change a Method of Accounting'' (Rev. Proc. 2002-
     9) received on July 17, 2003; to the Committee on Finance.
       EC-3385. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Ten or More Employee Plans'' 
     (TD9079) received on July 17, 2003; to the Committee on 
     Finance.
       EC-3386. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Depreciation of Cable Television 
     Systems'' (Rev. Proc. 2003-63) received on July 17, 2003; to 
     the Committee on Finance.
       EC-3387. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Tertiary Injectants & Enhanced 
     Oil Recovery Credit'' (Rev. Rul. 2003-82) received on July 
     17, 2003; to the Committee on Finance.
       EC-3388. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Special Rules under Section 
     417(a)(7) for Written Explanation Provided by Qualified 
     Retirement Plans After Annuity Starting Dates'' (TD9076) 
     received on July 17, 2003; to the Committee on Finance.
       EC-3389. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``REIT Loans Secured by Certain 
     Partnership Interests in Disregarded Entities'' (Rev. Proc. 
     2003-65) received on July 17, 2003; to the Committee on 
     Finance.
       EC-3390. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Weighted Average Interest Rate 
     Update Notice'' (Notice 2002-28) received on July 17, 2003; 
     to the Committee on Finance.
       EC-3391. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Section 1.856-4; Rents from Real 
     Property'' (Rev. Proc. 2003-66) received on July 17, 2003; to 
     the Committee on Finance.
       EC-3392. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Accrual of California Franchise'' 
     (Rev. Rule 2003-90) received on July 17, 2003; to the 
     Committee on Finance.
       EC-3393. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Qualified Subchapter S

[[Page 19117]]

     Trust Election for Testamentary Trusts'' (RIN1545-AY76) 
     received on July 17, 2003; to the Committee on Finance.
       EC-3394. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Reduction of Tax Attributes Due 
     to Discharge of Indebtedness'' (RIN1545-BC47) received on 
     July 17, 2003; to the Committee on Finance.
       EC-3395. A communication from the Chief, Regulations Unit, 
     Internal Revenue Service, transmitting, pursuant to law, the 
     report of a rule entitled ``Net Gift Treatment under Section 
     2519'' (TD9077) received on July 17, 2003; to the Committee 
     on Finance.
       EC-3396. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Thiophanate 
     Methy: Pesticide Tolerance for Emergency Exemptions'' 
     (FRL7317-5) received on July 22, 2003; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-3397. A communication from the Register Liaison Officer, 
     Office of the Secretary, Department of Defense, transmitting, 
     pursuant to law, the report of a rule entitled ``TRICARE; 
     Special Food Program for Women, Infants, and Children 
     Overseas'' (RIN0720-AA75) received on July 17, 2003; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-3398. A communication from the Assistant Director, 
     Executive & Political Personnel, Department of Defense, 
     transmitting, pursuant to law, the report of a vacancy in the 
     position of Assistant Secretary of Defense (Public Affairs) 
     received on July 22, 2003; to the Committee on Armed 
     Services.
       EC-3399. A communication from the Under Secretary of 
     Defense, transmitting, the report of a retirement; to the 
     Committee on Armed Services.
       EC-3400. A communication from the Under Secretary of 
     Defense, Comptroller, Department of Defense, transmitting, 
     pursuant to law, the report of a violation of the 
     Antideficiency Act, case number 97-11; to the Committee on 
     Armed Services.
       EC-3401. A communication from the Under Secretary of 
     Defense, Comptroller, Department of Defense, transmitting, 
     pursuant to law, the report of a violation of the 
     Antideficiency Act, case number 02-16; to the Committee on 
     Armed Services.
       EC-3402. A communication from the Under Secretary of 
     Defense, Comptroller, Department of Defense, transmitting, 
     pursuant to law, the report of a violation of the 
     Antideficiency Act, case number 99-09D; to the Committee on 
     Armed Services.
       EC-3403. A communication from the Administrator, National 
     Nuclear Security Administration, Department of Energy, 
     transmitting, pursuant to law, a report relative to sales of 
     high performance computers capable of operating at a speed in 
     excess of a specified number of millions of theoretical 
     operations per second; to the Committee on Armed Services.
       EC-3404. A communication from the Assistant General Counsel 
     for Regulations, Office of Public and Indian Housing, 
     Department of Housing and Urban Development, transmitting, 
     pursuant to law, the report of a rule entitled ``Deregulation 
     for Small Public Housing Agencies'' (RIN2577-AC34) received 
     on July 17, 2003; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-3405. A communication from the Assistant General Counsel 
     for Regulations, Office of Public and Indian Housing, 
     Department of Housing and Urban Development, transmitting, 
     pursuant to law, the report of a rule entitled ``Minimum 
     Funding Under the Indian Housing Block Grant Program'' 
     (RIN2577-AC43) received on July 17, 2003; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-3406. A communication from the Under Secretary for 
     Domestic Finance, Department of the Treasury, transmitting, 
     pursuant to law, the annual report on the Resolution Funding 
     Corporation for the calendar year 2002; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-3407. A communication from the Administrator, Food 
     Safety and Inspection Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of regulatory 
     action entitled ``Control of Listeria Monocytogenes in Ready-
     to-Eat Meat and Poultry Products''; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-3408. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries Off West Coast States and in the Western Pacific; 
     Pacific Halibut Fisheries; Washington Sport Fisheries; 
     Inseason Action'' (061903C) received on July 17, 2003; to the 
     Committee on Commerce, Science, and Transportation.
       EC-3409. A communication from the Assistant Administrator 
     for Fisheries, National Marine Fisheries Service, Department 
     of Commerce, transmitting, pursuant to law, the report of a 
     rule entitled ``Atlantic Highly Migratory Species (HMS) 
     Fishing Vessel Permits; Charter Boat Operations'' (RIN0648-
     AM91) received on July 17, 2003; to the Committee on 
     Commerce, Science, and Transportation.
       EC-3410. A communication from the Assistant Administrator, 
     National Marine Fisheries Service, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Atlantic Highly Migratory Species; Monitoring of 
     Recreational Landings; Retention Limit for Recreationally 
     Landed North Atlantic Swordfish'' (RIN0648-AN06) received on 
     July 17, 2003; to the Committee on Commerce, Science, and 
     Transportation.
       EC-3411. A communication from the Secretary of Commerce, 
     transmitting, a draft bill entitled ``Department of Commerce 
     21st Century Innovation Act of 2003''; to the Committee on 
     Commerce, Science, and Transportation.
       EC-3412. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Safety/Security Zone 
     Regulations: Selfridge ANGB Air Show, Harrison Twp, MI'' 
     (RIN1625-AA00) received on July 22, 2003; to the Committee on 
     Commerce, Science, and Transportation.
       EC-3413. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Safety/Security Zone 
     Regulations: Chesapeake Bay, Maryland and Tributaries'' 
     (RIN1625-AA00) received on July 22, 2003; to the Committee on 
     Commerce, Science, and Transportation.
       EC-3414. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Drawbridge Regulations; 
     Including 2 Regulations [CGD08-03-007],[CGD01-03-002]'' 
     (RIN1625-AA09) received on July 22, 2003; to the Committee on 
     Commerce, Science, and Transportation.
       EC-3415. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Drawbridge Regulations; 
     Long Island, New York Inland Waterway from East Rockaway 
     Inlet to Shinnecock Canal, NY'' (RIN1625-AA09) received on 
     July 22, 2003; to the Committee on Commerce, Science, and 
     Transportation.
       EC-3416. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Territorial Seas, 
     Navigable Waters, and Jurisdiction'' (RIN1625-AA30) received 
     on July 22, 2003; to the Committee on Commerce, Science, and 
     Transportation.
       EC-3417. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     copies of the Agency's ``Natural Resource Year in Review-
     2002'' and the Arsenic Treatment Technology Evaluation 
     Handbook for Small Systems; to the Committee on Energy and 
     Natural Resources.
       EC-3418. 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 Florida: Jacksonville 
     Area Maintenance Plan Update'' (FRL#7534-2) received on July 
     22, 2003; to the Committee on Environment and Public Works.
       EC-3419. 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 of international agreements, other than treaties; 
     to the Committee on Foreign Relations.
       EC-3420. 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 of international agreements, other than treaties; 
     to the Committee on Foreign Relations.
       EC-3421. A communication from the Assistant Secretary, 
     Legislative Affairs, transmitting, pursuant to the Arms 
     Export Control Act, the certification of a proposed license 
     for the export of defense articles or defense services sold 
     commercially under a contract in the amount of $100,000,000 
     or more to Japan; to the Committee on Foreign Relations.
       EC-3422. A communication from the Assistant Secretary, 
     Legislative Affairs, transmitting, pursuant to the Arms 
     Export Control Act, the certification of a proposed license 
     for the export of defense articles in the amount of 
     $25,000,000 or more to Kourou, French Guiana and Pacific 
     Ocean/International Waters; to the Committee on Foreign 
     Relations.
       EC-3423. A communication from the Assistant Secretary, 
     Legislative Affairs, transmitting, pursuant to the Arms 
     Export Control Act, the certification of a proposed license 
     for the export of defense articles or defense services sold 
     commercially under a contract in the amount of $50,000,000 or 
     more to Egypt; to the Committee on Foreign Relations.
       EC-3424. A communication from the Assistant Secretary, 
     Legislative Affairs, transmitting, pursuant to the Arms 
     Export Control Act, the certification of a proposed license 
     for the export of defense articles or defense services sold 
     commercially under a contract in the amount of $50,000,000 or 
     more to Jordan; to the Committee on Foreign Relations.
       EC-3425. A communication from the Assistant Secretary, 
     Legislative Affairs, transmitting, pursuant to the Arms 
     Export Control

[[Page 19118]]

     Act, the certification of a proposed license for the export 
     of defense articles or defense services sold commercially in 
     the amount of $50,000,000 or more to Malaysia; to the 
     Committee on Foreign Relations.
       EC-3426. A communication from the Assistant Secretary, 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, the report of a rule entitled ``Schedule of 
     Fees for Consular Services, Department of State and Overseas 
     Embassies and Consulates'' (22 CFR Part 22) received on July 
     17, 2003; to the Committee on Foreign Relations.
       EC-3427. A communication from the Chairman, Farm Credit 
     System Insurance Corporation, transmitting, pursuant to law, 
     the Corporation's Annual Report for Calendar Year 2002; to 
     the Committee on Governmental Affairs.
       EC-3428. A communication from the Attorney General, 
     transmitting, pursuant to law, the report of the Office of 
     Inspector General for the period October 1, 2002 through 
     March 31, 2003; to the Committee on Governmental Affairs.
       EC-3429. A communication from the Director, Office of 
     Government Ethics, transmitting, a proposal relative to 
     amending the Ethics in Government Act of 1978 (5 U.S.C. App.) 
     to modernize the financial disclosure process for Federal 
     personnel, and for other purposes; to the Committee on 
     Governmental Affairs.
       EC-3430. A communication from the Public Printer, U.S. 
     Government Printing Office, transmitting, pursuant to law, 
     the Office's Annual Report for the fiscal year 2002; to the 
     Committee on Governmental Affairs.
       EC-3431. A communication from the Acting Chairman, Merit 
     Systems Protection Board, transmitting, pursuant to law, the 
     Board's report entitled ``Assessing Federal Job-Seekers in a 
     Delegated Examining Environment''; to the Committee on 
     Governmental Affairs.
       EC-3432. A communication from the Director, Corporate 
     Policy Research Department, Pension Benefit Guaranty 
     Corporation, transmitting, pursuant to law, the report of a 
     rule entitled ``Benefits Payable in Terminated Single-
     Employer Plans; Allocation of Assets in Single-Employer 
     Plans; Interest Assumptions for Valuing and Paying Benefits'' 
     received on July 17, 2003; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-3433. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, the 
     Prescription Drug User Fee Act Financial Report for the 
     fiscal year 2002; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-3434. A communication from the Director, Regulations 
     Policy and Management Staff, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Antidiarrheal Drug Products for Over-the-Counter 
     Human Use'' (RIN0910-AA01) received on July 17, 2003; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-3435. A communication from the Deputy Assistant 
     Administrator, Office of Diversion Control, Drug Enforcement 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Control of Red Phosphorous, White Phosphorous, and 
     Hypophosphorous Acid (and its salts) as List I Chemicals; 
     Exclusions and Waivers'' (RIN1177-AA57) received on July 17, 
     2003; to the Committee on the Judiciary.
       EC-3436. A communication from the Deputy Assistant 
     Administrator, Office of Diversion Control, Drug Enforcement 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``Allowing Central Fill Pharmacies and Retail 
     Pharmacies to Fill Prescriptions for Controlled Substances on 
     Behalf of Retail Pharmacies'' (RIN1117-AA58) received on July 
     17, 2003; to the Committee on the Judiciary.
       EC-3437. A communication from the Public Printer, U.S. 
     Government Printing Office, transmitting, pursuant to law, 
     the Office's Annual Report for fiscal year 2002; to the 
     Committee on Rules and Administration.
       EC-3438. A communication from the Secretary of Veterans 
     Affairs, transmitting, a draft of proposed legislation 
     relative to simplifying and improving pay provisions for 
     physicians and to authorize alternate work schedules and 
     executive pay for nurses; to the Committee on Veterans' 
     Affairs.

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