[Congressional Record Volume 151, Number 77 (Monday, June 13, 2005)]
[Senate]
[Pages S6402-S6404]
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-2545. A communication from the Assistant Administrator 
     for Procurement, National Aeronautics and Space 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``NASA Grant and Cooperative Agreement 
     Handbook--Research Misconduct'' (RIN2700-AD11) received on 
     June 3, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2546. A communication from the Attorney Advisor, Office 
     of the Secretary, Department of Transportation, transmitting, 
     pursuant to law, the report of a vacancy in the position of 
     Deputy Secretary, received on June 3, 2005; to the Committee 
     on Commerce, Science, and Transportation.
       EC-2547. A communication from the Attorney Advisor, Office 
     of the Secretary, Department of Transportation, transmitting, 
     pursuant to law, the report of a vacancy in the position of 
     Assistant Secretary for Budget and Programs, received on June 
     3, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2548. A communication from the Attorney Advisor, Office 
     of the Secretary, Department of Transportation, transmitting, 
     pursuant to law, the report of a vacancy in the position of 
     Administrator, received on June 3, 2005; to the Committee on 
     Commerce, Science, and Transportation.
       EC-2549. A communication from the Attorney Advisor, Office 
     of the Secretary, Department of Transportation, transmitting, 
     pursuant to law, the report of a vacancy in the position of 
     Assistant Secretary for Budget and Programs, received on June 
     3, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2550. A communication from the Acting White House 
     Liaison, Technology Administration, Department of Commerce, 
     transmitting, pursuant to law, the report of a vacancy in the 
     position of Under Secretary for Technology, received on June 
     6, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2551. A communication from the Acting White House 
     Liaison, International Trade Administration, Department of 
     Commerce, transmitting, pursuant to law, the report of a 
     vacancy in the position of Assistant Secretary and Director 
     General, received on June 6, 2005; to the Committee on 
     Commerce, Science, and Transportation.
       EC-2552. A communication from the Acting White House 
     Liaison, International Trade Administration, Department of 
     Commerce, transmitting, pursuant to law, the report of a 
     vacancy in the position of Under Secretary for International 
     Trade, received on June 6, 2005; to the Committee on 
     Commerce, Science, and Transportation.
       EC-2553. A communication from the Acting White House 
     Liaison, Office of the Deputy Secretary, Department of 
     Commerce, transmitting, pursuant to law, the report of a 
     vacancy in the position of Deputy Secretary,

[[Page S6403]]

     received on June 6, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2554. A communication from the Chief, Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Special Local Regulations (including 2 
     regulations): [CGD05-05-051], [CGD05-05-052]'' (RIN1625-AA08) 
     received on June 8, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2555. A communication from the Chief, Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Anchorage Grounds; Anacortes General Anchorage and 
     Cap Sante and Hat Island Tug and Barge General Anchorages, 
     Anacortes, WA'' (RIN1625-AA01) received on June 8, 2005; to 
     the Committee on Commerce, Science, and Transportation.
       EC-2556. A communication from the Chief, Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Drawbridge Operation Regulations (including 3 
     regulations): [CGD01-05-006], [CGD01-05-034], [CGD01-05-
     028]'' (RIN1625-AA09) received on June 8, 2005; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2557. A communication from the Chief, Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Regulated Navigation Area, Security Zoned and 
     Drawbridge Operation Regulations; Port Everglades, FL'' 
     (RIN1625-AA11) received on June 8, 2005; to the Committee on 
     Commerce, Science, and Transportation.
       EC-2558. A communication from the Chief, Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Security Zone; Portland Rose Festival on 
     Willamette River'' (RIN1625-AA87) received on June 8, 2005; 
     to the Committee on Commerce, Science, and Transportation.
       EC-2559. A communication from the Chief, Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Safety Zone (including 2 regulations): [CGD09-05-
     016], [CGD09-05-017]'' (RIN1625-AA00) received on June 8, 
     2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2560. A communication from the Chief, Regulations and 
     Administrative Law, U.S. Coast Guard, Department of Homeland 
     Security, transmitting, pursuant to law, the report of a rule 
     entitled ``Drawbridge Operation Regulation (including 4 
     regulations): [CGD08-05-030], [CGD07-05-044], [CGD08-05-035], 
     [CGD08-05-036]'' (RIN1625-AA09) received on June 8, 2005; to 
     the Committee on Commerce, Science, and Transportation.
       EC-2561. A communication from the Attorney Advisor, Office 
     of the Secretary, Department of Transportation, transmitting, 
     pursuant to law, the report of a vacancy in the position of 
     Assistant Secretary for Budget and Programs, received on June 
     8, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2562. A communication from the Attorney Advisor, Federal 
     Railroad Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a vacancy in the 
     position of Federal Railroad Administrator, received on June 
     8, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2563. A communication from the Under Secretary and 
     Director, Patent and Trademark Office, Department of 
     Commerce, transmitting, pursuant to law, the report of a rule 
     entitled ``Changes to the Practice for Handling'' (RIN0651-
     AB87) received on June 8, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2564. 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; Final Rule to Lift Trade 
     Restrictive Measures as Recommended at the 2004 Meeting of 
     International Commission for the Conservation of Atlantic 
     Tuna (ICCAT)'' ((RIN0648-AT05) (I.D. No. 021105C)) received 
     on June 8, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2565. A communication from the Acting Director, 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; 
     Yellowfin Sole in the Bering Sea and Aleutian Islands 
     Management Area; Closure'' (I.D. No. 051705F) received on 
     June 8, 2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2566. A communication from the Deputy Assistant 
     Administrator for Operations, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Magnuson-Stevens Fishery 
     Conservation and Management Act Provisions; Fisheries of the 
     Northeastern United States; Spiny Dogfish Fishery'' (RIN0648-
     AS24) received on June 8, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2567. A communication from the Assistant Administrator 
     for Procurement, National Aeronautics and Space 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``Head of Contracting Activity (HCA) Change 
     for Exploration Systems Directorate'' (48 CFR Part 1802) 
     received on June 3, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2568. A communication from the Assistant Chief, 
     Regulations and Procedures Division, Alcohol and Tobacco Tax 
     and Trade Bureau, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Establishment of the Ribbon Ridge Viticultural Area (2002R-
     215P)'' (RIN1513-AA58) received on June 8, 2005; to the 
     Committee on the Judiciary.
       EC-2569. A communication from the Acting Assistant 
     Secretary for Policy, Planning, and Preparedness, Department 
     of Veterans Affairs, transmitting, pursuant to law, a report 
     relative to an inventory of commercial activities which are 
     currently being performed by Federal employees for calendar 
     year 2004; to the Committee on Veterans' Affairs.
       EC-2570. A communication from the Secretary of Veterans 
     Affairs, transmitting, the report of a draft bill entitled 
     ``To Amend Title 38, United States Code, to Provide Authority 
     for the Secretary of Veterans Affairs to Release 
     Individually-identified Medical Information to Assist in the 
     Donation of Organs, Tissue, and Eyes for the Purpose of 
     Transplantation'' received on June 8, 2005; to the Committee 
     on Veterans' Affairs.
       EC-2571. A communication from the Acting Assistant 
     Secretary for Legislative Affairs, Department of State, 
     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 contract 
     in the amount of $100,000,000 or more to Greece; to the 
     Committee on Foreign Relations.
       EC-2572. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``Second Biennial Report to the Congress on 
     Evaluation, Research and Technical Assistance Activities 
     Supported by the Promoting Safe and Stable Families 
     Program''; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-2573. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report on 
     the Community Food and Nutrition Program (CFNP) for Fiscal 
     Year 2001; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-2574. A communication from the Secretary of Education, 
     transmitting, a report of proposed legislation entitled 
     ``Higher Education Act Reform Amendments of 2005''; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-2575. A communication from the Political Personnel and 
     Advisory Communication Management Specialist, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a vacancy in the position of Assistant Secretary 
     for Legislation, received on June 8, 2005; to the Committee 
     on Health, Education, Labor, and Pensions.
       EC-2576. A communication from the Political Personnel and 
     Advisory Communication Management Specialist, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a vacancy in the position of Assistant Secretary 
     for Legislation, received on June 8, 2005; to the Committee 
     on Health, Education, Labor, and Pensions.
       EC-2577. A communication from the Director, Office of 
     Worker's Compensation Programs, Department of Labor, 
     transmitting pursuant to law, the report of a rule entitled 
     ``Performance of Functions; Claims for Compensation Under the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000, as amended 20 CFR Parts 1 and 30'' (RIN1215-
     AB51) received on June 8, 2005; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-2578. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``Physician Referrals to Specialty Hospitals''; to 
     the Committee on Finance.
       EC-2579. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     entitled ``Finalizing Medicare Regulations under Section 902 
     of the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003 (MMA) for Calendar Year 2004''; to 
     the Committee on Finance.
       EC-2580. A communication from the Fiscal Assistant 
     Secretary, Department of the Treasury, transmitting, pursuant 
     to law, the annual reports of the Airport and Airway Trust 
     Fund, Aquatic Resources Trust Fund, Black Lung Disability 
     Trust Fund, Harbor Maintenance Trust Fund, Hazardous 
     Substance Superfund, Highway Trust Fund, Inland Waterways 
     Trust Fund, Leaking Underground Storage Tank Trust Fund, 
     Nuclear Waste Fund, Oil Spill Liability Trust Fund, 
     Reforestation Trust Fund, Uranium Enrichment Decontamination 
     and Decommissioning Fund, Vaccine Injury Compensation Trust 
     Fund, Wool Research, Development, and Promotion Trust Fund 
     located in the March 2005 Treasury Bulletin; to the Committee 
     on Finance.
       EC-2581. A communication from the Acting Chief, 
     Publications and Regulations, Internal Revenue Service, 
     Department of the Treasury, transmitting, pursuant to law, 
     the report of a rule entitled ``Prevailing State Assumed 
     Interest Rates'' (Rev. Rul. 2005-29) received on June 8, 
     2005; to the Committee on Finance.
       EC-2582. A communication from the Acting Chief, 
     Publications and Regulations, Internal Revenue Service, 
     Department of the

[[Page S6404]]

     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Section 146(f)--Extension of Time to Make a 
     Carryforward Election of Unused Private Activity Bond Volume 
     Cap'' (Rev. Proc. 2005-30) received on June 8, 2005; to the 
     Committee on Finance.
       EC-2583. A communication from the Acting Chief, 
     Publications and Regulations, Internal Revenue Service, 
     Department of the Treasury, transmitting, pursuant to law, 
     the report of a rule entitled ``Revenue Ruling: Premium 
     Stabilization Reserves'' (Rev. Rul. 2005-33) received on June 
     8, 2005; to the Committee on Finance.
       EC-2584. A communication from the Acting Chief, 
     Publications and Regulations, Internal Revenue Service, 
     Department of the Treasury, transmitting, pursuant to law, 
     the report of a rule entitled ``Section 1446 Regulations (TD 
     9200)'' (RIN1545-AY28, 1545-BD80) received on June 8, 2005; 
     to the Committee on Finance.
       EC-2585. A communication from the Acting Chief, 
     Publications and Regulations, Internal Revenue Service, 
     Department of the Treasury, transmitting, pursuant to law, 
     the report of a rule entitled ``Weighted Average Interest 
     Rate Update Notice--Pension Funding Equity Act of 2004'' 
     (Notice 2005-46) received on June 8, 2005; to the Committee 
     on Finance.
       EC-2586. A communication from the Acting Chief, 
     Publications and Regulations, Internal Revenue Service, 
     Department of the Treasury, transmitting, pursuant to law, 
     the report of a rule entitled ``Estate of Mitchell v. 
     Commissioner, 250 F. 3d 696 (9th Cir. 2001). aff'g in part, 
     rev'g in part, and remanding T.C. Memo 1997-461; on remand, 
     T.C. Memo. 2002-98'' (AOD 2005-23) received on June 8, 2005; 
     to the Committee on Finance.
       EC-2587. A communication from the Under Secretary, 
     Emergency Preparedness and Response, Federal Emergency 
     Management Agency, transmitting, pursuant to law, a report 
     that funding for the State of Connecticut as a result of the 
     record snow on January 22-23, 2005, has exceeded $5,000,000; 
     to the Committee on Banking Housing, and Urban Affairs.
       EC-2588. A communication from the Deputy General Counsel 
     for Equal Opportunity and Administrative Law, Department of 
     Housing and Urban Development, transmitting, pursuant to law, 
     the report of a vacancy in the position of Assistant 
     Secretary for Public and Indian Housing, received on June 8, 
     2005; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-2589. A communication from the Assistant to the Board of 
     Governors of the Federal Reserve System, transmitting, 
     pursuant to law, the report of a rule entitled ``Fair Credit 
     Reporting Medical Information Regulations'' (RIN1557-AC85) 
     received on June 6, 2005; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-2590. A communication from the Director, Office of 
     Management and Budget, Executive Office of the President, 
     transmitting, the report of proposed legislation entitled 
     ``Financial Transparency and Accountability Act of 2005''; to 
     the Committee on Environment and Public Works.
       EC-2591. A communication from the Administrator of the 
     General Services Administration, transmitting, pursuant to 
     law, an informational copy of an alterations in leased space 
     prospectus for the James L. King Federal Building in Miami 
     FL; to the Committee on Environment and Public Works.
       EC-2592. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Texas Final 
     Authorization of Hazardous Waste Management Program 
     Revisions'' (FRL No. 7924-1) received on June 8, 2005; to the 
     Committee on Environment and Public Works.
       EC-2593. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Prevention 
     of Significant Deterioration (PSD) and Nonattainment New 
     Source Review (NSR): Routine Maintenance, Repair and 
     Replacement (RMRR) Equipment Replacement Provision (ERP); 
     Reconsideration'' (FRL No. 7923-3) received on June 8, 2005; 
     to the Committee on Environment and Public Works.
       EC-2594. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Test 
     Procedures for Testing Highway and Nonroad Engines and 
     Omnibus Technical Amendments'' (FRL No. 7922-5) received on 
     June 8, 2005; to the Committee on Environment and Public 
     Works.
       EC-2595. A communication from the Assistant Secretary of 
     Defense, Health Affairs, Department of Defense, transmitting, 
     pursuant to law, a report entitled ``Expanding Access to 
     Mental Health Counselors: Evaluation of the TRICARE 
     Demonstration''; to the Committee on Armed Services.
       EC-2596. A communication from the Director, Office of 
     Management and Budget, Executive Office of the President, 
     transmitting, pursuant to law, a report relative to the 
     estimated costs in future fiscal years for certain military 
     operations in and around Iraq and Afghanistan and estimated 
     costs over an unspecified period for reconstruction, internal 
     security, and related economic support to Iraq and 
     Afghanistan; to the Committee on Armed Services.
       EC-2597. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense for Personnel and 
     Readiness, Department of Defense, transmitting, pursuant to 
     law, a list of officers authorized to wear the insignia of 
     brigadier general; to the Committee on Armed Services.
       EC-2598. A communication from the Under Secretary of 
     Defense, Personnel and Readiness, Department of Defense, 
     transmitting, the report of a retirement; to the Committee on 
     Armed Services.
       EC-2599. A communication from the Director, Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Incentive Program for Purchase of Capital Assets 
     Manufactured in the United States'' (DFARS Case 2005-D003) 
     received on June 8, 2005; to the Committee on Armed Services.
       EC-2600. A communication from the Director, Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``DoD Pilot Mentor-Protege Program'' (DFARS Case 2004-D028) 
     received on June 8, 2005; to the Committee on Armed Services.
       EC-2601. A communication from the Director, Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval of Service Contracts and Task and Delivery 
     Orders'' (DFARS Case 2002-D024) received on June 8, 2005; to 
     the Committee on Armed Services.
       EC-2602. A communication from the Regulatory Officer, 
     Directives and Regulations Branch, Forest Service, Department 
     of Agriculture, transmitting, pursuant to law, the report of 
     a rule entitled ``Special Areas; State Petitions for 
     Inventoried Roadless Area Conservation; Roadless Area 
     Conservation National Advisory Committee (Final Rule and 
     Notice, 36 CFR Part 294)'' (RIN0596-AC10) received on June 8, 
     2005; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-2603. A communication from the Acting Under Secretary of 
     Defense, Comptroller, Department of Defense, transmitting, 
     pursuant to law, the report of a violation of the 
     Antideficiency Act, case number 02-01, relative to the Fort 
     Bragg, North Carolina, Public Works Business Center, Savannah 
     District; to the Committee on Appropriations.

                          ____________________