[Congressional Record Volume 155, Number 6 (Monday, January 12, 2009)]
[Senate]
[Pages S304-S308]
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-326. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``novaluron; Pesticide Tolerances Technical Amendment'' 
     ((EPA-HQ-OPP-2007-0438)(FRL-8396-4)) received in the Office 
     of the President of the Senate on January 5, 2009; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-327. A communication from the Under Secretary for 
     Industry and Security, Department of Commerce, transmitting, 
     pursuant to law, a report relative to the Department's intent 
     to impose new foreign policy-based export controls on certain 
     persons in Burma; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-328. A communication from the Secretary of Housing and 
     Urban Development, transmitting, pursuant to law, the Office 
     of Inspector General's Semiannual Report for the period of 
     April 1, 2008, through September 30, 2008; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-329. A communication from the Deputy Secretary of the 
     Treasury, transmitting, pursuant to law, a six-month periodic 
     report on the national emergency that was declared in 
     Executive Order 12947 with respect to terrorists who threaten 
     to disrupt the Middle East peace process; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-330. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Final Flood Elevation Determinations'' ((44 CFR Part 67)(73 
     FR 76234)) received in the Office of the President of the 
     Senate on January 5, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-331. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Changes in Flood Elevation Determinations'' (Docket No. 
     FEMA-B-1023) received in the Office of the President of the 
     Senate on January 5, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-332. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Changes in Flood Elevation Determinations'' ((44 CFR Part 
     65)(73 FR 76230)) received in the Office of the President of 
     the Senate on January 5, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-333. A communication from the Acting Secretary, Division 
     of Corporation Finance, Securities and Exchange Commission, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Modernization of Oil and Gas Reporting'' (RIN3235-AK00) 
     received in the Office of the President of the Senate on 
     January 5, 2009; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-334. A communication from the Under Secretary of 
     Commerce for Oceans and Atmosphere, transmitting, pursuant to 
     law, a report relative to the National Oceanographic 
     Partnership Program; to the Committee on Commerce, Science, 
     and Transportation.
       EC-335. A communication from the Secretary, Federal Trade 
     Commission, transmitting, pursuant to law, a report entitled 
     ``Report to Congress Under Section 319 of the Fair and 
     Accurate Credit Transactions Act of 2003 (December 2008)''; 
     to the Committee on Commerce, Science, and Transportation.
       EC-336. A communication from the Assistant Administrator 
     for Legislative and Intergovernmental Affairs, National 
     Aeronautics and Space Administration, transmitting, pursuant 
     to law, a report relative to the Administration's competitive 
     sourcing activities during fiscal year 2008; to the Committee 
     on Commerce, Science, and Transportation.
       EC-337. A communication from the Executive Director, 
     Consumer Product Safety Commission, transmitting, pursuant to 
     law, a report relative to the Commission's competitive 
     sourcing efforts during fiscal year 2008; to the Committee on 
     Commerce, Science, and Transportation.
       EC-338. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Taking of 
     Marine Mammals Incidental to Commercial Fishing Operations; 
     Atlantic Large Whale Take Reduction Plan'' (RIN0648-XM18) 
     received in the Office of the President of the Senate on 
     January 5, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-339. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Sea Turtle 
     Conservation; Shrimp Trawling Requirements'' (RIN0648-XL11) 
     received in the Office of the President of the Senate on 
     January 5, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-340. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``List of 
     Fisheries for 2009'' (RIN0648-AW48) received in the Office of 
     the President of the Senate on January 5, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-341. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Sea Turtle 
     Conservation; Fishing Gear Inspection Program'' (RIN0648-
     AU98) received in the Office of the President of the Senate 
     on January 5, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-342. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Taking of 
     Marine Mammals Incidental to Commercial Fishing Operations; 
     Atlantic Large Whale Take Reduction Plan'' (RIN0648-XL74) 
     received in the Office of the President of the Senate on 
     January 5, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-343. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Taking of 
     Marine Mammals Incidental to Commercial Fishing Operations; 
     Atlantic Large Whale Take Reduction'' (RIN0648-XL75) received 
     in the Office of the President of the Senate on January 5, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-344. A communication from the Deputy Assistant 
     Administrator for Regulatory Programs, National Marine 
     Fisheries Service, Department of Commerce, transmitting, 
     pursuant to law, the report of a rule entitled ``Taking of 
     Marine Mammals Incidental to Commercial Fishing Operations; 
     Atlantic Large Whale Take Reduction'' (RIN0648-XM19) received 
     in the Office of the President of the Senate on January 5, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.

[[Page S305]]

       EC-345. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, 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; Northeast Multispecies Fishery; 
     Increase of the Landing Limit for Eastern Georges Bank Cod in 
     the U.S./Canada Management Area'' (RIN0648-XL94) received in 
     the Office of the President of the Senate on January 5, 2009; 
     to the Committee on Commerce, Science, and Transportation.
       EC-346. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Magnuson-Stevens Act 
     Provisions; Fisheries Off West Coast States; Pacific Coast 
     Groundfish Fishery; Biennial Specifications and Management 
     Measures; In-season Adjustments'' (RIN0648-AX46) received in 
     the Office of the President of the Senate on January 5, 2009; 
     to the Committee on Commerce, Science, and Transportation.
       EC-347. A communication from the Assistant Secretary for 
     Export Administration, Bureau of Industry and Security, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Chemical Weapons Convention 
     Regulations: Additions to the List of States Parties; Updates 
     to Contact Information for the Treaty Compliance Division; 
     Editorial Corrections'' (RIN0694-AE39) received in the Office 
     of the President of the Senate on January 7, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-348. A communication from the Acting Administrator, 
     Energy Information Administration, Department of Energy, 
     transmitting, pursuant to law, a report entitled 
     ``Performance Profiles of Major Energy Producers 2007''; to 
     the Committee on Energy and Natural Resources.
       EC-349. A communication from the Secretary of Energy, 
     transmitting, pursuant to law, an annual report relative to 
     the Strategic Petroleum Reserve for calendar year 2007; to 
     the Committee on Energy and Natural Resources.
       EC-350. A communication from the Assistant Secretary, 
     Bureau of Land Management, Department of the Interior, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Leasing of Solid Minerals Other Than Coal and Oil Shale'' 
     (RIN1004-AD91) received in the Office of the President of the 
     Senate on January 7, 2009; to the Committee on Energy and 
     Natural Resources.
       EC-351. A communication from the Director, Fish and 
     Wildlife Service, Department of the Interior, transmitting, 
     pursuant to law, the 2005 and 2006 annual reports relative to 
     identifiable expenditures for the conservation of endangered 
     and threatened species by Federal and State agencies; to the 
     Committee on Environment and Public Works.
       EC-352. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Clean Air Act and Clean Water Act 
     Exemptions'' (RIN0750-AF97) received in the Office of the 
     President of the Senate on January 9, 2009; to the Committee 
     on Environment and Public Works.
       EC-353. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of Air Quality Implementation 
     Plans; West Virginia; Update to Materials Incorporated by 
     Reference'' (FRL-8750-1) received in the Office of the 
     President of the Senate on January 7, 2009; to the Committee 
     on Environment and Public Works.
       EC-354. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval and Promulgation of Implementation Plans; 
     Washington; Interstate Transport of Pollution'' (FRL-8760-7) 
     received in the Office of the President of the Senate on 
     January 7, 2009; to the Committee on Environment and Public 
     Works.
       EC-355. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Civil Monetary Penalty Inflation Adjustment Rule'' 
     (RIN2020-AA46) received in the Office of the President of the 
     Senate on January 7, 2009; to the Committee on Environment 
     and Public Works.
       EC-356. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Extract of Chenopodium ambrosioides near ambrosioides; 
     Exemption from the Requirement of a Tolerance'' (FRL-8396-2) 
     received in the Office of the President of the Senate on 
     January 7, 2009; to the Committee on Environment and Public 
     Works.
       EC-357. A communication from the National Treasurer, 
     American Ex-Prisoners of War, transmitting, pursuant to law, 
     the organization's 990 Return of Organization Exempt From 
     Income Tax; to the Committee on Finance.
       EC-358. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report relative to extending 
     certain Memorandums of Understanding; to the Committee on 
     Finance.
       EC-359. A communication from the Director of 
     Administration, National Labor Relations Board, transmitting, 
     pursuant to law, a report relative to competitive sourcing 
     efforts; to the Committee on Finance.
       EC-360. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Section 482: Methods to Determine Taxable 
     Income in Connection With a Cost Sharing Arrangement'' 
     (RIN1545-BI46) received in the Office of the President of the 
     Senate on January 8, 2009; to the Committee on Finance.
       EC-361. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Employer's Annual Federal Tax Return and 
     Modifications to the Deposit Rules'' (RIN1545-BI39) received 
     in the Office of the President of the Senate on January 7, 
     2009; to the Committee on Finance.
       EC-362. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Advisor Payments to Money Market Funds'' 
     (Rev. Proc. 2009-10) received in the Office of the President 
     of the Senate on January 7, 2009; to the Committee on 
     Finance.
       EC-363. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Disclosure of Return Information to the 
     Bureau of Economic Analysis'' (RIN1545-BC93) received in the 
     Office of the President of the Senate on January 7, 2009; to 
     the Committee on Finance.
       EC-364. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Consolidated Returns; Intercompany 
     Obligations'' (RIN1545-BA11) received in the Office of the 
     President of the Senate on January 7, 2009; to the Committee 
     on Finance.
       EC-365. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Section 529 Programs'' (Notice 2009-1) 
     received in the Office of the President of the Senate on 
     January 7, 2009; to the Committee on Finance.
       EC-366. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Guidance regarding foreign base company 
     sales income'' (RIN1545-BI50) received in the Office of the 
     President of the Senate on January 7, 2009; to the Committee 
     on Finance.
       EC-367. A communication from the Deputy Director, Office of 
     Regulations, Social Security Administration, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Clarification of Evidentiary Standard for Determinations 
     and Decisions'' (RIN0960-AG75) received in the Office of the 
     President of the Senate on January 5, 2009; to the Committee 
     on Finance.
       EC-368. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Areas in which rulings will not be issued; 
     Associate Chief Counsel (International)'' (Rev. Proc. 2009-7) 
     received in the Office of the President of the Senate on 
     January 7, 2009; to the Committee on Finance.
       EC-369. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule relative to temporary guidance regarding the 
     application of Section 305 (Rev. Proc. 2009-15) received in 
     the Office of the President of the Senate on January 8, 2009; 
     to the Committee on Finance.
       EC-370. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule ``Calculation of Volume of Alcohol for Fuel Credits; 
     Denaturants'' (Notice 2009-06) received in the Office of the 
     President of the Senate on January 8, 2009; to the Committee 
     on Finance.
       EC-371. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Creditor Continuity of Interest'' (RIN1545-
     BC88) received in the Office of the President of the Senate 
     on January 8, 2009; to the Committee on Finance.
       EC-372. A communication from the Program Manager, Centers 
     for Medicare and Medicaid Services, Department of Health and 
     Human Services, transmitting, pursuant to law, the report of 
     a rule entitled ``Medicare Program; Medicare Advantage and 
     Prescription Drug Benefit Programs: Negotiated Pricing and 
     Remaining Revisions'' (RIN0938-AP24) received in the Office 
     of the President of the Senate on January 7, 2009; to the 
     Committee on Finance.
       EC-373. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report relative to the 
     waiver of reimbursement under the United Nations 
     Participation Act to support the United Nations/

[[Page S306]]

     African Union Mission in Darfur; to the Committee on Foreign 
     Relations.
       EC-374. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report relative to training 
     of consular officers to counter terrorist travel; to the 
     Committee on Foreign Relations.
       EC-375. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law, the semiannual report on the 
     continued compliance of Azerbaijan, Kazakhstan, Moldova, the 
     Russian Federation, Tajikistan, and Uzbekistan with the 1974 
     Trade Act's freedom of emigration provisions, as required 
     under the Jackson-Vanik Amendment; to the Committee on 
     Foreign Relations.
       EC-376. 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, as amended, 
     the report of the texts and background statements of 
     international agreements, other than treaties (List 2008-
     222--2008-227); to the Committee on Foreign Relations.
       EC-377. 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, as amended, 
     the report of the texts and background statements of 
     international agreements, other than treaties (List 2008-
     228--2008-236); to the Committee on Foreign Relations.
       EC-378. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, the eighth 
     annual report for the Temporary Assistance for Needy Families 
     Program; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-379. A communication from the Director of the Office of 
     Standards, Regulations, and Variances, Mine Safety and Health 
     Administration, Department of Labor, transmitting, pursuant 
     to law, the report of a rule entitled ``Flame-Resistant 
     Conveyor Belt, Fire Prevention and Detection, and Use of Air 
     From the Belt Entry'' (RIN1219-AB59) received in the Office 
     of the President of the Senate on January 7, 2009; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-380. A communication from the Secretary, Railroad 
     Retirement Board, transmitting, pursuant to law, a report 
     relative to the Board's competitive sourcing activities 
     during fiscal year 2008; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-381. A communication from the Assistant Secretary for 
     Administration and Management, Department of Health and Human 
     Services, transmitting, pursuant to law, an annual report 
     relative to the Department's competitive sourcing efforts 
     during fiscal year 2008; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-382. A communication from the Deputy Assistant Secretary 
     for Policy, Employee Benefits Security Administration, 
     Department of Labor, transmitting, pursuant to law, the 
     report of a rule entitled ``Civil Penalties Under ERISA 
     Section 502(c)(4)'' (RIN1210-AB24) received in the Office of 
     the President of the Senate on January 7, 2009; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-383. A communication from the Director, Legislative and 
     Regulatory 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'' (29 CFR Parts 
     4022 and 4044) received in the Office of the President of the 
     Senate on January 8, 2009; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-384. A communication from the Director of the Office of 
     Standards, Regulations, and Variances, Mine Safety and Health 
     Administration, Department of Labor, transmitting, pursuant 
     to law, the report of a rule entitled ``Refuge Alternatives 
     for Underground Coal Mines'' (RIN1219-AB58) received in the 
     Office of the President of the Senate on January 7, 2009; to 
     the Committee on Health, Education, Labor, and Pensions.
       EC-385. A communication from the General Counsel, Office of 
     Government Ethics, transmitting, pursuant to law, a report 
     relative to competitions initiated or conducted in fiscal 
     year 2008; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-386. A communication from the Archivist of the United 
     States, National Archives and Records Administration, 
     transmitting, pursuant to law, the Organization's Performance 
     and Accountability Report for fiscal year 2008; to the 
     Committee on Homeland Security and Governmental Affairs.
       EC-387. A communication from the Secretary, Smithsonian 
     Institution, transmitting, pursuant to law, an annual report 
     relative to the Institution's competitive sourcing activities 
     during fiscal year 2008; to the Committee on Homeland 
     Security and Governmental Affairs.
       EC-388. A communication from the Deputy Secretary of 
     Defense, transmitting, pursuant to law, the Office of 
     Inspector General's Semiannual Report for the period of April 
     1, 2008, through September 30, 2008; to the Committee on 
     Homeland Security and Governmental Affairs.
       EC-389. A communication from the Acting Administrator, 
     General Services Administration, transmitting, pursuant to 
     law, a report relative to the Administration's competitive 
     sourcing efforts during fiscal year 2008; to the Committee on 
     Homeland Security and Governmental Affairs.
       EC-390. A communication from the Inspector General, General 
     Services Administration, transmitting, pursuant to law, the 
     Office of Inspector General's Semiannual Report for the six-
     month period ending September 30, 2008; to the Committee on 
     Homeland Security and Governmental Affairs.
       EC-391. A communication from the Chairman, National Capital 
     Planning Commission, transmitting the Commission's 2009-2014 
     Strategic Plan; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-392. A communication from the Acting Associate General 
     Counsel for General Law, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a vacancy and 
     designation of acting officer in the position of Chief 
     Financial Officer, received in the Office of the President of 
     the Senate on January 7, 2009; to the Committee on Homeland 
     Security and Governmental Affairs.
       EC-393. A communication from the Director of Legislative 
     Affairs, Office of the Director of National Intelligence, 
     transmitting, pursuant to law, a report of relative to the 
     designation of acting officer in the position of Associate 
     Director of National Intelligence and Chief Information 
     Officer, received in the Office of the President of the 
     Senate on November 13, 2008; to the Select Committee on 
     Intelligence.
       EC-394. A communication from the Acting Clerk of Court, 
     U.S. Court of Federal Claims, transmitting, pursuant to law, 
     the Court's annual report for the year ended September 30, 
     2008; to the Committee on the Judiciary.
       EC-395. A communication from the Acting General Counsel, 
     Executive Office for Immigration Review, Department of 
     Justice, transmitting, pursuant to law, the report of a rule 
     entitled ``Professional Conduct for Practitioners--Rules and 
     Procedures, and Representation and Appearances'' (RIN1125-
     AA59) received in the Office of the President of the Senate 
     on January 7, 2009; to the Committee on the Judiciary.
       EC-396. A communication from the Acting General Counsel, 
     Executive Office for Immigration Review, Department of 
     Justice, transmitting, pursuant to law, the report of a rule 
     entitled ``Voluntary Departure: Effect of a Motion To Reopen 
     or Reconsider or a Petition for Review'' (RIN1125-AA60) 
     received in the Office of the President of the Senate on 
     January 7, 2009; to the Committee on the Judiciary.
       EC-397. A communication from the Deputy White House 
     Liaison, Department of Justice, transmitting, pursuant to 
     law, the report of a change in previously submitted reported 
     information in the position of United States Attorney, 
     Western District of Virginia, received in the Office of the 
     President of the Senate on January 8, 2009; to the Committee 
     on the Judiciary.
       EC-398. A communication from the Deputy White House 
     Liaison, Department of Justice, transmitting, pursuant to 
     law, the report of a change in previously submitted reported 
     information in the position of United States Attorney, 
     Western District of Tennessee, received in the Office of the 
     President of the Senate on January 8, 2009; to the Committee 
     on the Judiciary.
       EC-399. A communication from the Chairman, Office of 
     General Counsel, Federal Election Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Repeal of 
     Increased Contribution and Coordinated Party Expenditure 
     Limits for Candidates Opposing Self-financed Candidates'' 
     (Notice 2008-14) received in the Office of the President of 
     the Senate on January 5, 2009; to the Committee on Rules and 
     Administration.
       EC-400. A communication from the Secretary of Veterans 
     Affairs, transmitting, pursuant to law, a report relative to 
     expenditures from the Pershing Hall Revolving Fund; to the 
     Committee on Veterans' Affairs.
       EC-401. 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 Cattle From 
     Mexico; Addition of Port at San Luis, AZ'' (RIN0579-AC63) 
     received in the Office of the President of the Senate on 
     January 7, 2009; to the Committee on Agriculture, Nutrition, 
     and Forestry.
       EC-402. 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 ``Viral Hemorrhagic Septicemia; 
     Interstate Movement and Import Restrictions on Certain Live 
     Fish'' (RIN0579-AC74) received in the Office of the President 
     of the Senate on January 7, 2009; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-403. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Walnuts Grown in California; Section 610 Review'' ((Docket 
     No. AMS-FV-08-0010)(FV08-984-610)) received in the Office of 
     the President of the Senate on January 7, 2009; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-404. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Lamb Promotion and Research Program: Procedures To Request 
     Conduct of a Referendum'' (Docket No. LS-08-0041) received in 
     the Office of the President of the Senate

[[Page S307]]

     on January 7, 2009; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-405. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Cotton Board Rules and Regulations: Adjusting Supplemental 
     Assessment on Imports (2008 Amendments)'' ((Docket No. AMS-
     CN-08-0040)(CN-08-002)) received in the Office of the 
     President of the Senate on January 7, 2009; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-406. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Dried Prunes Produced in California; Decreased Assessment 
     Rate'' ((Docket No. AMS-FV-08-0060)(FV08-993-1 FIR)) received 
     in the Office of the President of the Senate on January 7, 
     2009; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-407. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Milk in the Northeast and Other Marketing Areas; Final 
     Decision on Proposed Amendments to Tentative Marketing 
     Agreements and to Orders and Termination of Proceeding'' 
     (((Docket No. AO-14-A76, et al.)(DA-07-01)(AMS-DA-07-0116))) 
     received in the Office of the President of the Senate on 
     January 7, 2009; to the Committee on Agriculture, Nutrition, 
     and Forestry.
       EC-408. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Tomatoes Grown in Florida; Partial Exemption to the Minimum 
     Grade Requirements'' ((Docket No. AMS-FV-08-0090)(FV09-966-1 
     IFR)) received in the Office of the President of the Senate 
     on January 7, 2009; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-409. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Tomatoes Grown in Florida; Section 610 Review'' ((Docket 
     No. AMS-FV-08-0009)(FV08-966-610)) received in the Office of 
     the President of the Senate on January 7, 2009; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-410. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Pears Grown in Oregon and Washington; Section 610 Review'' 
     ((Docket No. AMS-FV-08-0008)(FV08-927-610)) received in the 
     Office of the President of the Senate on January 7, 2009; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-411. A communication from the Director of the Regulatory 
     Review Group, Commodity Credit Corporation, Department of 
     Agriculture, transmitting, pursuant to law, the report of a 
     rule entitled ``Direct and Counter-Cyclical Program and 
     Average Crop Revenue Election Program'' (RIN0560-AH84) 
     received in the Office of the President of the Senate on 
     January 8, 2009; to the Committee on Agriculture, Nutrition, 
     and Forestry.
       EC-412. A communication from the Under Secretary, Food, 
     Nutrition, and Consumer Services, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Verification of Eligibility for Free and Reduced Price 
     Meals in the National School Lunch and School Breakfast 
     Programs'' (RIN0584-AD61) received in the Office of the 
     President of the Senate on January 8, 2009; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-413. A communication from the Chief Financial Officer, 
     Department of Housing and Urban Development, transmitting, 
     pursuant to law, a report of four violations of the 
     Antideficiency Act; to the Committee on Appropriations.
       EC-414. A communication from the Deputy Under Secretary of 
     Defense (Acquisition and Technology), transmitting, pursuant 
     to law, a report relative to promoting environmental 
     stewardship throughout the Department of Defense and the 
     Green Procurement Plan; to the Committee on Armed Services.
       EC-415. A communication from the Under Secretary of Defense 
     (Acquisition, Technology and Logistics), transmitting, 
     pursuant to law, a report relative to the Advanced Extremely 
     High Frequency program; to the Committee on Armed Services.
       EC-416. A communication from the Assistant Secretary of the 
     Navy (Installations and Environment), transmitting, pursuant 
     to law, a report relative to the notification of the result 
     of a public-private competition for public works functions; 
     to the Committee on Armed Services.
       EC-417. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Senior DoD Officials Seeking 
     Employment with Defense Contractors'' (RIN0750-AG07) received 
     in the Office of the President of the Senate on January 9, 
     2009; to the Committee on Armed Services.
       EC-418. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Security-Guard Functions'' (RIN0750-
     AF64) received in the Office of the President of the Senate 
     on January 9, 2009; to the Committee on Armed Services.
       EC-419. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Statutory Waiver for Commercially 
     Available Off-the-Shelf Items'' (RIN0750-AG12) received in 
     the Office of the President of the Senate on January 9, 2009; 
     to the Committee on Armed Services.
       EC-420. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Steel for Military Construction 
     Projects'' (RIN0750-AG16) received in the Office of the 
     President of the Senate on January 9, 2009; to the Committee 
     on Armed Services.
       EC-421. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Pilot Program for Transition to 
     Follow-On Contracting After Use of Other Transaction 
     Authority'' (RIN0750-AG17) received in the Office of the 
     President of the Senate on January 9, 2009; to the Committee 
     on Armed Services.
       EC-422. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Contract Actions Supporting 
     Contingency Operations or Facilitating Defense Against or 
     Recovery from Nuclear, Biological, Chemical, or Radiological 
     Attack'' (RIN0750-AG19) received in the Office of the 
     President of the Senate on January 9, 2009; to the Committee 
     on Armed Services.
       EC-423. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Whistleblower Protections for 
     Contractor Employees'' (RIN0750-AG09) received in the Office 
     of the President of the Senate on January 9, 2009; to the 
     Committee on Armed Services.
       EC-424. A communication from the Director, Defense 
     Procurement, Acquisition Policy, and Strategic Sourcing, 
     Department of Defense, transmitting, pursuant to law, the 
     report of a rule entitled ``Defense Federal Acquisition 
     Regulation Supplement; Delegation of Authority for Single 
     Award Task or Delivery Order Contracts'' (RIN0750-AG14) 
     received in the Office of the President of the Senate on 
     January 9, 2009; to the Committee on Armed Services.
       EC-425. A communication from the Assistant Secretary for 
     Export Administration, Bureau of Industry and Security, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Burma: Revision of Restrictions 
     on Exports, Reexports and Transfers to Persons Whose Property 
     and Interests in Property Area Blocked Pursuant to Executive 
     Orders'' (RIN0694-AE35) received in the Office of the 
     President of the Senate on January 8, 2009; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-426. A communication from the Regulatory Specialist, 
     Office of the Comptroller of the Currency, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Minimum Capital Ratios; Capital Adequacy 
     Guidelines; Capital Maintenance; Capital: Deduction of 
     Goodwill Net of Associated Deferred Tax Liability'' (RIN1550-
     AC22) received in the Office of the President of the Senate 
     on January 8, 2009; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-427. A communication from the Regulatory Specialist, 
     Office of the Comptroller of the Currency, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Community Reinvestment Act Regulations'' 
     (((RIN1557-AD19)(RIN3064-AD39)(RIN1550-AC29))) received in 
     the Office of the President of the Senate on January 8, 2009; 
     to the Committee on Banking, Housing, and Urban Affairs.
       EC-428. A communication from the Acting Director of the 
     Office 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; Greenland Turbot and 
     Rougheye Rockfish in the Bering Sea and Aleutian Islands 
     Management Area'' (RIN0648-XM30) received in the Office of 
     the President of the Senate on January 9, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-429. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Northeastern United States; Atlantic Bluefish Fishery; Quota 
     Transfer'' (RIN0648-XM22) received in the Office of the 
     President of the Senate on January 9, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-430. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to

[[Page S308]]

     law, the report of a rule entitled ``Amendment of Section 
     73.622(i), Final DTV Table of Allotments, Television 
     Broadcast Stations; Casper, Wyoming'' (MB Docket No. 08-108) 
     received in the Office of the President of the Senate on 
     January 7, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-431. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.622(i), Final DTV Table of Allotments, Television 
     Broadcast Stations; Hayes Center, Nebraska'' (MB Docket No. 
     08-193) received in the Office of the President of the Senate 
     on January 7, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-432. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.622(i), Final DTV Table of Allotments, Television 
     Broadcast Stations; Huntsville, Alabama'' (MB Docket No. 08-
     105) received in the Office of the President of the Senate on 
     January 7, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-433. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.622(i), Final DTV Table of Allotments, Television 
     Broadcast Stations; Kansas City, Missouri'' (MB Docket No. 
     08-111) received in the Office of the President of the Senate 
     on January 7, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-434. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.622(i), Final DTV Table of Allotments, Television 
     Broadcast Stations; Sioux City, Iowa'' (MB Docket No. 08-109) 
     received in the Office of the President of the Senate on 
     January 7, 2009; to the Committee on Commerce, Science, and 
     Transportation.

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