[Congressional Record Volume 150, Number 65 (Tuesday, May 11, 2004)]
[Senate]
[Pages S5225-S5226]
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-7451. A communication from the Regulatory Contact, Grain 
     Inspection, Packers and Stockyards Administration, Department 
     of Agriculture, transmitting, pursuant to law, the report of 
     a rule entitled ``Fees for Official Inspection and Official 
     Weighing Services'' (RIN0580-AA80) received on May 10, 2004; 
     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-7452. 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 ``Pine Shoot Beetle; Additions to 
     Quarantined Areas'' (Doc. No. 03-102-2) received on May 10, 
     2004; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-7453. 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 ``Veterinary Diagnostic Services 
     User Fees'' (Doc. No. 00-024-2) received on May 10, 2004; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-7454. 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 ``Importation of Orchids of the 
     Genus Phalaenopsis from Taiwan in Growing Media'' (Doc. No. 
     98-035-3) received on May 10, 2004; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-7455. 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 ``Karnal Bunt; Compensation for 
     Custom Harvesters in Northern Texas'' (Doc. No. 03-052-1) 
     received on May 10, 2004; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-7456. 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 ``Highly Pathogenic Avian 
     Influenza; Additional Restrictions'' (Doc. No. 04-011-1) 
     received on May 10, 2004; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-7457. 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 ``Procedures for Reestablishing a 
     Region as Free of a Disease'' (Doc. No. 02-001-2) received on 
     May 10, 2004; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-7458. A communication from the Director, Regulatory 
     Review Group, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Extra Long 
     Staple Cotton Outside Storage and Strength Adjustment for 
     Loan'' (RIN0560-AH03) received on May 10, 2004; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-7459. A communication from the Assistant to the Board of 
     Governors of the Federal Reserve System, Division of Banking 
     Supervision and Regulation, transmitting, pursuant to law, 
     the report of a rule entitled ``Risk-Based Capital 
     Guidelines; Capital Adequacy Guidelines; Capital Maintenance: 
     Interim Capital Treatment of Consolidated Asset-Backed 
     Commercial Paper Program Assets; Extension'' (Doc. No. 1156) 
     received on May 10, 2004; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-7460. A communication from the Deputy Secretary of the 
     Treasury, transmitting, pursuant to law, a report on the 
     national emergency declared in Executive Order 12978 of 
     October 21, 1995 with respect to significant narcotics 
     traffickers centered in Columbia; to the Committee on 
     Banking, Housing, and Urban Affairs .
       EC-7461. A communication from the Under Secretary for 
     Emergency Preparedness and Response, Federal Emergency 
     Management Agency, transmitting, pursuant to law, a report 
     relative to funding for the State of Connecticut as a result 
     of the record/near record snowfall on December 5-7, 2003; to 
     the Committee on Banking, Housing, and Urban Affairs.
       EC-7462. A communication from the Under Secretary for 
     Emergency Preparedness and Response, Federal Emergency 
     Management Agency, transmitting, pursuant to law, a report 
     relative to funding for the Commonwealth of Massachusetts as 
     a result of the record/near record snowfall on December 5-7, 
     2003; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-7463. A communication from the Acting General Counsel, 
     Department of Homeland Security, transmitting, pursuant to 
     law, the report of a rule entitled ``Final Flood Elevation 
     Determinations; 69 FR 10927'' (44 CFR Part 67) received on 
     May 10, 2004; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-7464. A communication from the Acting General Counsel, 
     Department of Homeland Security, transmitting, pursuant to 
     law, the report of a rule entitled ``Final Flood Elevation 
     Determinations; 69 FR 10924'' (44 CFR Part 67) received on 
     May 10, 2004; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-7465. A communication from the Acting General Counsel, 
     Department of Homeland Security, transmitting, pursuant to 
     law, the report of a rule entitled ``Changes in Flood 
     Elevation Determinations; 69 FR 10923'' (Doc. # FEMA-D-7553) 
     received on May 10, 2004; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-7466. A communication from the Under Secretary for 
     Industry and Security, transmitting, pursuant to law, a 
     report relative to foreign policy-based export controls on 
     exports of protective and detection equipment and components 
     not specifically designed for military use; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-7467. A communication from the Acting Administrator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, a 
     report entitled ``Alternative to 96-hour Rule for Critical 
     Access Hospitals''; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-7468. A communication from the Acting Administrator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, a 
     report entitled ``Hospitals Overhead and Supervisory 
     Physician Components of Direct Medical Education Costs''; to 
     the Committee on Health, Education, Labor, and Pensions.
       EC-7469. A communication from the Acting Administrator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, a 
     report relative to rule 67 FR 13416 that described the 
     payment system that CMS was proposing for LTCHs; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-7470. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``Medical Nutrition Therapy''; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-7471. A communication from the Secretary of Labor, 
     transmitting, pursuant to law, the first report of the 
     President's National Hire Veterans Committee; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-7472. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Prescription Drug Marketing Act of 1987; Prescription Drug 
     Amendments of 1992; Policies, Requirements, and 
     Administrative Procedures; Delay of Effective Date; 
     Correction'' (RIN0905-AC81) received on May 10, 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-7473. A communication from the Director, Corporate 
     Policy and 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 May 10, 2004; to the Committee on Health, 
     Education, Labor, and Pensions.

[[Page S5226]]

       EC-7474. A communication from the Director, Corporate 
     Policy and 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 May 10, 2004; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-7475. A communication from the Director, Corporate 
     Policy and 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 May 10, 2004; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-7476. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Human Cells, Tissues, and Cellular and Tissue-Based 
     Products; Establishment Registration and Listing'' (Doc. No. 
     97N-484R) received on May 5, 2004; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-7477. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Human Cells, Tissues, and Cellular and Tissue-Based 
     Products; Establishment Registration and Listing; 
     Correction'' (Doc. No. 97N-484R) received on May 5, 2004; to 
     the Committee on Health, Education, Labor, and Pensions.
       EC-7478. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Change of Name; Technical Amendment'' received on May 5, 
     2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-7479. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Drug Labeling; Sodium Labeling for Over-the-Counter Drugs; 
     Technical Amendment; Termination of Delay of Effective Date; 
     Compliance Dates'' (Doc. No. 90N-0309) received on May 5, 
     2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-7480. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Drug Labeling: Orally Ingested Over-the-Counter Drug 
     Products Containing Calcium, Magnesium, and Potassium'' (Doc. 
     No. 1995N-0254) received on May 5, 2004; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-7481. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Change of Address; Technical Amendment'' received on May 5, 
     2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-7482. 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; Hematology and Pathology Devices; 
     Classification of the Factor V Leiden DNA Mutation Detection 
     Systems Devices'' (Doc. No. 2004P-0044) received on May 5, 
     2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-7483. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     relative to the Prescription Drug User Fee Act 
     reauthorization; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-7484. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Food Labeling and Indirect Food Additives; Technical 
     Amendment'' received on May 5, 2004; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-7485. A communication from the Director, Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Application of 30-month Stays on Approval of Abbreviated 
     New Drug Applications and Certain New Drug Applications 
     Containing a Certification That a Patent Claiming the Drug Is 
     Invalid or Will Not Be Infringed; Technical Amendment'' (Doc. 
     No. 2003N-0417) received on May 5, 2004; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-7486. 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 Device Reports; Reports of Corrections and 
     Removals; Establishment Registration and Device Listing: 
     Premarket Approval Supplements; Quality System Regulation; 
     Importation of Electronic Products; Technical Amendment'' 
     received on May 5, 2004; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-7487. A communication from the Assistant General 
     Counsel, Division of Regulatory Services, Department of 
     Education, transmitting, pursuant to law, the report of a 
     rule entitled ``Federal Perkins Loan Program, Federal Family 
     Education Loan Program, and William D. Ford Direct Loan 
     Program'' (RIN1840-AC84) received on May 5, 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-7488. A communication from the Assistant General 
     Counsel, Division of Regulatory Services, Department of 
     Education, transmitting, pursuant to law, the report of a 
     rule entitled ``Impact Aid Discretionary Construction 
     Program'' (RIN1810-AA96) received on May 5, 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-7489. A communication from the Assistant General 
     Counsel, Division of Regulatory Services, Department of 
     Education, transmitting, pursuant to law, the report of a 
     rule entitled ``Institutional Elig. Under the HEA of 1965; 
     Patricia Roberts Harris Fellowship Prog.; Student Assistance 
     Gen. Prov.; Fed. Perkins Loan Prog.; FWS Prog.; FSEOG; FFELP; 
     Wm. D. Ford FDL Prog.; Fed. Pell Grant Prog.; and National 
     Early Intervention Scholarship and Partnership Program'' 
     (RIN1840-AC47) received on May 5, 2004; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-7490. A communication from the Assistant General 
     Counsel, Division of Regulatory Services, Department of 
     Education, transmitting, pursuant to law, the report of a 
     rule entitled ``Smaller Learning Communities Program'' 
     (RIN1830-ZA04) received on May 5, 2004; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-7491. A communication from the Acting Administrator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, a 
     report relative to the Proposed Prospective Payment System 
     Methodology for Psychiatric Hospitals and Units; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-7492. A communication from the Assistant Secretary for 
     Administration and Management, Department of Labor, 
     transmitting, pursuant to law, the Department's Commercial 
     Activities Inventory for Fiscal Year 2003; to the Committee 
     on Health, Education, Labor, and Pensions.
       EC-7493. A communication from the Senior Regulatory 
     Officer, Wage and Hour Division, Department of Labor, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Defining and Delimiting the Exemptions for Executive, 
     Administrative, Professional, Outside Sales, and Computer 
     Employees, 29 CFR Part 541'' (RIN1215-AA14) received on April 
     27, 2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-7494. A communication from the Assistant General Counsel 
     for Regulatory Services, Office of Vocational and Adult 
     Education, Department of Education, transmitting, pursuant to 
     law, the report of a rule entitled ``Community Technology 
     Centers Program'' (RIN1830-ZA05) received on April 27, 2004; 
     to the Committee on Health, Education, Labor, and Pensions.
       EC-7495. A communication from the Director, Office of 
     Surface Mining, Department of the Interior, transmitting, 
     pursuant to law, the report of a rule entitled ``Kentucky 
     Regulatory Program'' (KY-244-FOR) received on May 10, 2004; 
     to the Committee on Energy and Natural Resources.
       EC-7496. A communication from the Assistant Secretary for 
     Land and Minerals Management, Minerals Management Service, 
     Department of the Interior, transmitting, pursuant to law, 
     the report of a rule entitled ``Federal Oil Valuation'' 
     (RIN1010-AD04) received on May 10, 2004; to the Committee on 
     Energy and Natural Resources.
       EC-7497. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Notice of 
     Availability of `Award of Grants and Cooperative Agreements 
     for the Special Projects and Programs Authorized by the 
     Agency's FY 2004 Appropriations Act' '' received on May 10, 
     2004; to the Committee on Environment and Public Works.

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