[Congressional Record (Bound Edition), Volume 151 (2005), Part 1]
[Senate]
[Pages 180-183]
[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-4. A communication from the President of the United 
     States, transmitting, pursuant to law, the Report to the 
     Congress on Implementation of Public Law 107-228 Authority 
     for Russian Federation Debt Reduction for Nonproliferation; 
     to the Committee on Foreign Relations.
       EC-5. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Spinosad; 
     Pesticide Tolerance'' (FRL7691-4) received on December 31, 
     2004; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-6. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Thiamethoxam; Pesticide Tolerance'' (FRL7689-7) received on 
     December 31, 2004; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-7. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Chlorothalonil; Re-establishment of Tolerance for Emergency 
     Exemptions'' (FRL 7691-1) received on December 31, 2004; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-8. A communication from the Administrator, Rural 
     Utilities Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``7 CFR 1775, 
     1777, 1778, 1780, 1942, 3570, and 4274, `Definition 
     Clarification of State Nonmetropolitan Median Household 
     Income' '' (RIN0572-AB96) received on December 17, 2004; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-9. A communication from the Administrator, Rural 
     Utilities Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``7 CFT 1775, 
     Technical Assistance Grants'' (RIN0572-AB75) received on 
     December 17, 2004; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-10. A communication from the Administrator, Rural 
     Housing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Servicing of 
     Delinquent Community and Business Program Loans--Workout 
     Agreements'' (RIN0575-AC57) received on December 17, 2004; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-11. A communication from the Administrator, Poultry 
     Programs, Department of Agriculture, transmitting, pursuant 
     to law, the report of a rule entitled ``Voluntary Shell Egg 
     Grading Regulations--Facilities and Equipment'' (RIN0581-
     AC33) received on December 31, 2004; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-12. A communication from the Administrator, Agricultural 
     Marketing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Hazelnuts 
     Grown in Oregon and Washington; Establishment of Final Free 
     and Restricted Percentages for the 2004-2005 Marketing Year'' 
     (Doc. No. FV05-982-1 IFR) received on December 31, 2004; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-13. A communication from the Administrator, Agricultural 
     Marketing Service, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Oranges, 
     Grapefruits, Tangerines, and Tangelos Grown in Florida; 
     Change in the Minimum Maturity Requirements for Fresh 
     Grapefruit.'' (Doc. No. FV05-905-1 IFR) received on December 
     31, 2004; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-14. A communication from the Congressional Review 
     Coordinator, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Swine Health 
     Protection'' (Doc. No. 04-109-1) received on December 8, 
     2004; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-15. A communication from the Congressional Review 
     Coordinator, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Importation 
     of Clementines, Mandarins, and Tangerines from Chile'' (Doc. 
     No. 02-081-3) received on December 17, 2004; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-16. A communication from the Congressional Review 
     Coordinator, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``User Fees 
     for Agricultural Quarantine and Inspection Services'' (Doc. 
     No. 04-042-1) received on December 17, 2004; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-17. A communication from the Congressional Review 
     Coordinator, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Emerald Ash 
     Borer; Quarantined Areas'' (Doc. No. 02-125-2) received on 
     January 5, 2005; to the Committee on Agriculture, Nutrition, 
     and Forestry.
       EC-18. A communication from the Acting Inspector General, 
     transmitting, pursuant to law, the report of the Office of 
     the Inspector General concerning alternative Medicare payment 
     methodologies for the costs of training medical residents in 
     nonhospital settings; to the Committee on Finance.
       EC-19. A communication from the Acting Inspector General, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of the Office of the Inspector 
     General concerning alternative Medicare payment methodologies 
     for the costs of training medical residents in nonhospital 
     settings; to the Committee on Finance.
       EC-20. A communication from the Commissioner, Social 
     Security Administration, transmitting, pursuant to law, the 
     Report on Fiscal Year 2004 Competitive Sourcing Efforts as 
     required by the Consolidated Appropriations Act of Fiscal 
     Year 2004; to the Committee on Finance.
       EC-21. A communication from the Chairman, Medicare Payment 
     Advisory Board, transmitting, pursuant to law, the Report on 
     the Impact of Resource-Based Practice Expense Payment for 
     Physician Services; to the Committee on Finance.
       EC-22. A communication from the Chairman, Medicare Payment 
     Advisory Commission, transmitting, pursuant to law, the 
     Report on the Growth in the Volume of Physician Services; to 
     the Committee on Finance.
       EC-23. A communication from the Assistant Secretary, 
     Employees Benefits Security Administration, Department of 
     Labor, transmitting, pursuant to law, the report of a rule

[[Page 181]]

     entitled ``Final Regulations for Health Coverage Portability 
     for Group Health Plans and Group Health Insurance Issuers 
     under HIPAA Titles I and IV'' (RIN1210-AA54) received on 
     December 31, 2004; to the Committee on Finance.
       EC-24. A communication from the Regulations Coordinator, 
     Office of Inspector General, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Medicare and State Health Care Programs: Fraud and 
     Abuse: OIG Civil Money Penalties Under the Medicare 
     Prescription Drug Discount Card Program'' (RIN0991-AB30) 
     received on January 3, 2005; to the Committee on Finance.
       EC-25. A communication from the Regulations Coordinator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Modifications 
     to Managed Care Rules'' (RIN0938-AK71) received on January 3, 
     2005; to the Committee on Finance.
       EC-26. A communication from the Regulations Coordinator, 
     Administration for Children and Families, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Child Support Enforcement 
     Program; Reasonable Quantitative Standard for Review and 
     Adjustment of Child Support Orders'' (45 CFR 303) received on 
     January 3, 2005; to the Committee on Finance.
       EC-27. A communication from the Regulations Coordinator, 
     Office of Inspector General, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Health Coverage Portability for Group Health Plans 
     and Group Health Insurance Issuers Under HIPPA Title I and 
     IV'' (RIN0938-AL43) received on January 3, 2005; to the 
     Committee on Finance.
       EC-28. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Areas in 
     which Rulings in the International Area will not be issued'' 
     (Rev. Proc. 2005-7) received on January 5, 2005; to the 
     Committee on Finance.
       EC-29. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Republication of Rev. Proc. 2004-6'' (Rev. Proc. 2005-6) 
     received on January 5, 2005; to the Committee on Finance.
       EC-30. A communication from the Chief, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``Letter Rulings and 
     Determination Letters'' (Rev. Proc. 2005-1) received on 
     January 5, 2005; to the Committee on Finance.
       EC-31. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Fees for 
     Copies of Exempt Organization Material'' (RIN1545-BB22) 
     received on January 5, 2005; to the Committee on Finance.
       EC-32. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Election to 
     Determine Corporate Tax on Certain International Shipping 
     Activities under Tonnage Tax Regime'' (Notice 2005-2) 
     received on January 5, 2005; to the Committee on Finance.
       EC-33. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Republication of Rev. Proc. 2004-8'' (Rev. Proc. 2005-8) 
     received on January 5, 2005; to the Committee on Finance.
       EC-34. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Gross 
     Estate; Election to Value on Alternate Valuation Date.'' (TD 
     9172) received on January 5, 2005; to the Committee on 
     Finance.
       EC-35. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Republication of Rev. Proc. 2004-4'' (Rev. Proc. 2004-4) 
     received on January 5, 2005; to the Committee on Finance.
       EC-36. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Republication of Rev. Proc. 2004-5'' (Rev. Proc. 2005-5) 
     received on January 5, 2005; to the Committee on Finance.
       EC-37. A communication from the Acting Chief, 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 (domestic areas)--Revised to 
     Remove Restrictions on Sections 107, 1402(a)(8), (c)(4) and 
     (e), 3121(b)(8)(A), and 3401 of the Internal Revenue Code.'' 
     (Rev. Proc. 2005-3) received on January 5, 2005; to the 
     Committee on Finance.
       EC-38. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Procedures 
     for issuing TAMs and TEAMs.'' (Rev. Proc. 2005-2) received on 
     January 5, 2005; to the Committee on Finance.
       EC-39. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Automatic 
     Rollover and Section 401(a)(31)(B) of the Code'' (Notice 
     2005-5) received on January 5, 2005; to the Committee on 
     Finance.
       EC-40. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Automatic 
     Extension of Time to File Certain Information Returns and 
     Exempt Organization Returns'' (RIN1545-BB29) received on 
     December 17, 2004; to the Committee on Finance.
       EC-41. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Tier 2 Tax 
     Rates for 2005'' (Notice 2005-1) received on December 17, 
     2004; to the Committee on Finance.
       EC-42. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Revenue 
     Procedure: Reduction of Penalty for Understanding Tax by 
     Adequate Disclosure of an Item on Return'' (Rev. Proc. 2004-
     73) received on December 17, 2004; to the Committee on 
     Finance.
       EC-43. A communication from the Acting Chief, 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 2004-82) received on December 17, 2004; 
     to the Committee on Finance.
       EC-44. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Public 
     Hearings on the Advance Pricing Agreement Programs'' (Ann. 
     2004-98) received on December 17, 2004; to the Committee on 
     Finance.
       EC-45. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Section 
     1397E--Allocation of National Limitation for Qualified Zone 
     Academy Bonds for year 2005'' (Rev. Proc. 2004-72) received 
     on December 17, 2004; to the Committee on Finance.
       EC-46. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Annual 
     Cumulative List of Changes in Plan Qualification 
     Requirements'' (Notice 2004-84) received on December 17, 
     2004; to the Committee on Finance.
       EC-47. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Bureau of 
     Labor Statistics Price Indexes for Department Stores--October 
     2004'' (Rev. Rul. 2004-113) received on December 17, 2004; to 
     the Committee on Finance.
       EC-48. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Prohibited 
     Allocations of Securities in an S Corporation'' (RIN1545-
     BC33) received on December 17, 2004; to the Committee on 
     Finance.
       EC-49. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Appeals 
     Settlement Guidelines: IRC sec. 44 Disabled Access Credit'' 
     (UIL:0044.60-00) received on December 17, 2004; to the 
     Committee on Finance.
       EC-50. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Inflation 
     Indexing Revenue Procedure'' (Rev. Proc. 2004-71) received on 
     December 8, 2004; to the Committee on Finance.
       EC-51. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Internet 
     Activities of Trade Associations Revenue Ruling'' (Rev. Rul. 
     2004-112) received on December 8, 2004; to the Committee on 
     Finance.
       EC-52. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Federal 
     Unemployment Tax Deposits--Special Rule'' (RIN1545-BB66) 
     received on December 8, 2004; to the Committee on Finance.
       EC-53. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Optional 10-
     Year Writeoff of Certain Tax Preferences'' (RIN 1545-BC13) 
     received on January 3, 2005; to the Committee on Finance.
       EC-54. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Revision of 
     Rev. Proc. 2001-22'' (Rev. Proc. 2005-12) received on January 
     3, 2005; to the Committee on Finance.
       EC-55. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``2005 Per 
     Diem Rates Update'' (Rev. Proc. 2005-10) received on January 
     3, 2005; to the Committee on Finance.

[[Page 182]]


       EC-56. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``New Markets 
     Tax Credit'' (RINS1545-AY87, 1545-BC03) received on January 
     3, 2005; to the Committee on Finance.
       EC-57. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Section 1374 
     Effective Dates'' (TD9170) received on January 3, 2005; to 
     the Committee on Finance.
       EC-58. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Guidance 
     Under 409A of the Internal Revenue Code'' (Notice 2005-1) 
     received on January 3, 2005; to the Committee on Finance.
       EC-59. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Regulations 
     Governing Practice Before the Internal Revenue Service 
     (Circular 230--Shelter)'' (RIN1545-BA70) received on December 
     31, 2004; to the Committee on Finance.
       EC-60. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Automatic 
     Consent to Change an Accounting Method Provided in 1.263(a)-4 
     or -5'' (Rev . Proc. 2005-9) received on December 31, 2004; 
     to the Committee on Finance.
       EC-61. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Services by 
     a Student that Qualify for the Exception from Federal 
     Insurance Contributions Act Tax'' (Rev. Proc. 2005-11; 2005-
     2) received on January 3, 2005; to the Committee on Finance.
       EC-62. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Applicable 
     Federal Rates--January 2005'' (Rev. Rul. 2005-102) received 
     on January 3, 2005; to the Committee on Finance.
       EC-63. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Notice: Fuel 
     Tax Guidance; Request for Public Comments'' (Notice 2005-04) 
     received on January 3, 2005; to the Committee on Finance.
       EC-64. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Final 
     Regulation Providing Guidance on the Student FICA Exception'' 
     (RIN1545-BC81) received on January 3, 2005; to the Committee 
     on Finance.
       EC-65. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Cash or 
     Deferred Arrangements Under Section 401(k) and Matching 
     Contributions Section 401(m)'' (TD9169) received on January 
     3, 2005; to the Committee on Finance.
       EC-66. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``901(j)(5) 
     Presidential Waiver with Respect to Libya'' (Rev. Rul. 2005-
     3) received on January 3, 2005; to the Committee on Finance.
       EC-67. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Final 
     Regulations for Health Coverage Portability for Group Health 
     Plans and Group Health Insurance Issuers under HIPAA Titles I 
     and IV'' (TD9166) received on January 3, 2005; to the 
     Committee on Finance.
       EC-68. A communication from the Acting Chief, Internal 
     Revenue Service, Department of the Treasury, transmitting, 
     pursuant to law, the report of a rule entitled ``Tier 2 Tax 
     Rates for 2005'' received on January 3, 2005; to the 
     Committee on Finance.
       EC-69. A communication from the Assistant Attorney General, 
     Department of Justice, transmitting, pursuant to law, a 
     report on the activities of the Department of Justice in 
     Relation to the Prison Rape Elimination Act (PL 108-79); to 
     the Committee on the Judiciary.
       EC-70. A communication from the Clerk of Court, Court of 
     Federal Claims, transmitting, pursuant to law, the report of 
     Judgements of the United States Court of Federal Claims 
     during the year ended September 30, 2004; to the Committee on 
     the Judiciary.
       EC-71. A communication from the Assistant Attorney General, 
     Department of Justice, transmitting, pursuant to law, the 
     Second Year Report of the Corporate Fraud Task Force; to the 
     Committee on the Judiciary.
       EC-72. A communication from the Secretary, Judicial 
     Conference of the United States, transmitting, pursuant to 
     law, a report on the Continuing Need for Existing Bankruptcy 
     Judgeships; to the Committee on the Judiciary.
       EC-73. A communication from the Deputy Assistant 
     Administrator, Drug Enforcement Administration, Department of 
     Justice, transmitting, pursuant to law, the report of a rule 
     entitled ``Exemption from Control of Certain Industrial 
     Products and Materials derived from the Cannabis Plant'' 
     (RIN1117-AA55) received on December 7, 2004; to the Committee 
     on the Judiciary.
       EC-74. A communication from the Acting Assistant Secretary, 
     Department of State transmitting, pursuant to law, the report 
     of a rule entitled ``Documentation of Nonimmigrants Under the 
     Immigration and Nationality Act, as Amended-Student and 
     Exchange Visitor Information System (SEVIS)'' received on 
     December 8, 2004; to the Committee on the Judiciary.
       EC-75. A communication from the Assistant Chief, 
     Regulations and Procedures Division, Alcohol and Tobacco Tax 
     and Trade Bureau, transmitting, pursuant to law, the report 
     of a rule entitled ``Materials and Processes Authorized for 
     the Treatment of Wine and Juice (2004R-517P)'' (TD17) 
     received on December 8, 2004; to the Committee on Finance.
       EC-76. A communication from the Assistant Attorney General 
     for Administration, Criminal Division, Department of Justice, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Final Rule Exempting a Privacy Act System of Records of the 
     Criminal Division (CRM) from Certain Subsections of the 
     Privacy Act (5 U.S.C. 552a): Organized Crime Drug Enforcement 
     Task Force'' received on December 17, 2004; to the Committee 
     on the Judiciary.
       EC-77. A communication from the Assistant Secretary, 
     Department of State, transmitting, pursuant to law, the 
     report of a rule entitled ``Visas: Documentation of 
     Nonimmigrants Under the Immigration and Nationality Act, as 
     Amended: Electronic Petition for Diversity Immigrant Status'' 
     (RIN1400-AB84) received on January 3, 2005; to the Committee 
     on the Judiciary.
       EC-78. A communication from the Chairman, National 
     Endowment for the Humanities, transmitting, pursuant to law, 
     a report on FAIR Act inventories for Fiscal Year 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-79. A communication from the Secretary to the Board, 
     Railroad Retirement Board, transmitting, pursuant to law, a 
     report on competitive sourcing activities in Fiscal Year 2004 
     and 2004 Commercial Activities Inventory Under the Federal 
     Activities Inventory Reform (FAIR) Act of 1998; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-80. A communication from the Assistant Secretary for 
     Administration and Management, Department of Labor, 
     transmitting, pursuant to law, the report of a nomination 
     confirmed for the position of Assistant Secretary for Public 
     Affairs, received on January 3, 2005; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-81. A communication from the Acting Director, 
     Occupational Safety and Health Administration, Department of 
     Labor, transmitting, pursuant to law, the report of a rule 
     entitled ``Standards Improvement Project--Phase II'' 
     (RIN1218-AB81) received on January 5, 2005; to the Committee 
     on Health, Education, Labor, and Pensions.
       EC-82. A communication from the Senior Regulatory Officer, 
     Employment Standards Administration, Department of Labor, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Child Labor Regulations, Orders and Statements of 
     Interpretation (29 CFR Part 570); Child Labor Violations--
     Civil Money Penalties (29 CFR Part 579); Civil Money 
     Penalties--Procedures for Assessing and Contesting Penalties 
     (29 CFR Part 580)'' (RIN1215-AA09) received on December 17, 
     2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-83. A communication from the Assistant Secretary, 
     Employment and Training Administration, Department of Labor, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Labor Certification for the Permanent Employment of Aliens 
     in the United States; Implementation of New System'' 
     (RIN1205-AA66) received on January 3, 2005; to the Committee 
     on Health, Education, Labor, and Pensions.
       EC-84. A communication from the Regulations Coordinator, 
     Food and Drug Administration, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Current Good Tissue Practice for Human Cell, 
     Tissue, and Cellular and Tissue-Based Product Establishments; 
     Inspection and Enforcement'' (Doc. No. 1997N-484P) received 
     on December 17, 2004; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-85. A communication from the Regulations Coordinator, 
     Food and Drug Administration, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Establishment and Maintenance of Records Under the 
     Public Health Security and Bioterrorism Preparedness and 
     Response Act of 2002'' (RIN0910-AC30) received on December 
     17, 2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-86. A communication from the Director, Regulations 
     Policy Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Advisory Committee: Change of Name and Function; Technical 
     Amendment'' received on November 22, 2004; to the Committee 
     on Health, Education, Labor, and Pensions.

[[Page 183]]


       EC-87. A communication from the Director, Regulations 
     Policy Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Food Additives Permitted in Food on an Interim Basis or in 
     Contact with Food Pending Additional Study; Mannitol'' (Doc. 
     No. 2004F-0066) received on December 8, 2004; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-88. A communication from the Director, Regulations 
     Policy Management Staff, Food and Drug Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Medical Devices; Clinical Chemistry and Clinical Toxicology 
     devices; Classification of Newborn Screening Test Systems for 
     Amino Acids, Free Carnitine, and Acylcarnitines Using Mass 
     Spectrometry'' (Doc. No. 2004N-0482) received on December 31, 
     2004; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-89. A communication from the Director, Regulations 
     Policy 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'' 
     (RIN0910-AF50) received on January 3, 2005; to the Committee 
     on Health, Education, Labor, and Pensions.
       EC-90. A communication from the Administrator, Employment 
     and Training Administration, Department of Labor, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Unemployment Insurance Program Letter: SUTA Dumping--
     Amendments to Federal Law Affecting the Federal-State 
     Unemployment Compensation Program--Additional Guidance'' 
     received on January 3, 2005; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-91. A communication from the Assistant Secretary, 
     Employee Benefits Security Administration, Department of 
     Labor, transmitting, pursuant to law, the report of a rule 
     entitled ``Mental Health Parity; Interim Final amendment to 
     Regulation'' (RIN1210-AA62) received on January 3, 2005; to 
     the Committee on Health, Education, Labor, and Pensions.
       EC-92. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Safety zone Regulations 
     (Including 4 regulations): [CGD05-04-224], [COTP Western 
     Alaska 04-001], [CGD13-04-043], [COTP Western Alaska 04-
     002]'' (RIN1625-AA00) received on January 3, 2005; to the 
     Committee on Commerce, Science, and Transportation.
       EC-93. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Drawbridge Operation 
     Regulation (Including 2 regulations): [CGD05-04-223], [CGD08-
     04-040]'' (RIN1625-AA09) received on January 3, 2005; to the 
     Committee on Commerce, Science, and Transportation.
       EC-94. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Drawbridge Operation 
     Regulations (Including 2 Regulations): [CGD01-04-148], 
     [CGD01-04-151]'' (RIN1625-AA09) received on January 3, 2005; 
     to the Committee on Commerce, Science, and Transportation.
       EC-95. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Safety Zone (Including 2 
     Regulations): [CGD13-04-044], [CGD09-04-149]'' (RIN1625-AA00) 
     received on January 3, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-96. A communication from the Chief, Regulations and 
     Administrative Law, Coast Guard, transmitting, pursuant to 
     law, the report of a rule entitled ``Regulated Navigation 
     Area: East Rockaway Inlet to Atlantic Beach Bridge, Nassau 
     County, Long Island, New York [CGD01-04-152]'' (RIN1625-AA11) 
     received on January 3, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-97. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Modification of Class E Airspace; Warrensburg, MO'' 
     (RIN2120-AA66) received on December 31, 2004; to the 
     Committee on Commerce, Science, and Transportation.
       EC-98. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Modification of Class E Airspace; Lexington, MO'' (RIN2120-
     AA66) received on December 31, 2004; to the Committee on 
     Commerce, Science, and Transportation.
       EC-99. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Modification of Class E Airspace; Fremont, NE'' (RIN2120-
     AA66) received on December 31, 2004; to the Committee on 
     Commerce, Science, and Transportation.
       EC-100. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Modification of Class E Airspace; Burwell, NE'' (RIN2120-
     AA66) received on December 31, 2004; to the Committee on 
     Commerce, Science, and Transportation.

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