[Congressional Record Volume 148, Number 129 (Friday, October 4, 2002)]
[Senate]
[Pages S9981-S9983]
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, which were referred 
as indicated:

       EC-9221. A communication from the Secretary of Housing and 
     Urban Development, transmitting, pursuant to law, the report 
     of a violation of the Antideficiency Act relative to Section 
     514 grant program during Fiscal Years 1999 and 2001; to the 
     Committee on Appropriations.
       EC-9222. A communication from the Chief of Staff, Trade and 
     Development Agency, transmitting, pursuant to law, a report 
     relative to Serbia; to the Committee on Appropriations.
       EC-9223. A communication from the Deputy General Counsel, 
     Board of Veterans' Appeals, Department of Veterans' Affairs, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Board of Veterans' Appeals: Rules of Practice - Attorney 
     Fee Matters; Notice of Disagreement Requirement'' (RIN2900-
     AL25) received on September 30, 2002; to the Committee on 
     Veterans' Affairs.
       EC-9224. A communication from the Director, Office of 
     Personnel Policy, Department of the Interior, transmitting, 
     pursuant to law, the report of a vacancy and a nomination for 
     the position of Chairman, National Indian Gaming Commission, 
     received on September 30, 2002; to the Committee on Indian 
     Affairs.
       EC-9225. A communication from the Director, Office of 
     Personnel Policy, Department of the Interior, transmitting, 
     pursuant to law, the report of a vacancy and the designation 
     of acting officer for the position of Special Trustee for 
     American Indians, received on September 30, 2002; to the 
     Committee on Indian Affairs.
       EC-9226. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to the Arms Export Control Act, the report of a 
     certification of a proposed license for the export of defense 
     articles to India; to the Committee on Foreign Relations.
       EC-9227. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to the Arms Export Control Act, transmitting, the 
     report of a certification of a proposed license for the 
     export of defense articles or defense services sold 
     commercially under a contract in the amount of $50,000,000 or 
     more to Germany and Russia; to the Committee on Foreign 
     Relations.
       EC-9228. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, the Annual Report on the Proliferation of 
     Missiles and Essential Components of Nuclear, Biological, and 
     Chemical Weapons for the period December 1, 2000 through 
     December 31, 2001; to the Committee on Foreign Relations.
       EC-9229. A communication from the Assistant Secretary for 
     Land and Minerals Management, Bureau of Land Management, 
     Department of the Interior, transmitting, pursuant to law, 
     the report of a rule entitled ``Rights-of-Ways Under the 
     Mineral Leasing Act; Timing of Approval'' (RIN1004-AD55) 
     received on September 30, 2002; to the Committee on Energy 
     and Natural Resources.
       EC-9230. A communication from the Assistant Secretary of 
     the Interior, Bureau of Land Management, transmitting, 
     pursuant to law, the report of a rule entitled ``Permits for 
     Recreation on Public Lands'' (RIN1004-AD25) received on 
     September 30, 2002; to the Committee on Energy and Natural 
     Resources.
       EC-9231. A communication from the Director, Cooperative and 
     State Programs, Occupational Safety and Health 
     Administration, Department of Labor, transmitting, pursuant 
     to law, the report of a rule entitled ``Changes to State 
     Plans (revised)'' (RIN1218-AB91) received on September 26, 
     2002; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-9232. A communication from the Deputy General Counsel, 
     National Science Foundation, transmitting, pursuant to law, 
     the report of a rule entitled ``Antarctic Conservation Act of 
     1978, Civil Monetary Penalties'' (45 CFR Part 672) received 
     on September 30, 2002; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-9233. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of the Agriculture, transmitting, pursuant to law, 
     the report of a rule entitled ``Oriental Fruit Fly; Removal 
     of Quarantined Areas'' (Doc. No. 01-080-3) received on 
     September 30, 2002; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-9234. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of the Agriculture, transmitting, pursuant to law, 
     the report of a rule entitled ``Gypsy Moth Host Material from 
     Canada; Removal of Infested Areas in British Columbia, 
     Canada'' (Doc. No. 01-132-2) received on September 30, 2002; 
     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-9235. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of the Agriculture, transmitting, pursuant to law, 
     the report of a rule entitled ``Change in Disease Status of 
     Denmark Because of Exotic Newcastle Disease'' (Doc. No. 02-
     089-1) received on September 30, 2002; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-9236. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of the Agriculture, transmitting, pursuant to law, 
     the report of a rule entitled ``Texas (Splenetic) Fever in 
     Cattle; Incorporation by Reference'' (Doc. No. 01-110-2) 
     received on September 30, 2002; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-9237. A communication from the Congressional Review 
     Coordinator, Animal and Plant Health Inspection Service, 
     Department of the Agriculture, transmitting, pursuant to law, 
     the report of a rule entitled ``Imported Fire Ant; Approved 
     Treatments'' (Doc. No. 01-115-2) received on September 30, 
     2002; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-9238. A communication from the Congressional Review 
     Coordinator, Animal and

[[Page S9982]]

     Plant Health Inspection Service, Department of the 
     Agriculture, transmitting, pursuant to law, the report of a 
     rule entitled ``Pink Bollworm Regulated Areas; Removal of 
     Oklahoma'' (Doc. No. 02-031-2) received on September 30, 
     2002; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-9239. A communication from the Secretary of Defense, 
     transmitting, the report of a retirement; to the Committee on 
     Armed Services.
       EC-9240. A communication from the Deputy Secretary of 
     Defense, transmitting, pursuant to law, a report relative to 
     mental health counselors demonstration project; to the 
     Committee on Armed Services.
       EC-9241. A communication from the Under Secretary of 
     Defense, Comptroller, transmitting, pursuant to law, a report 
     relative to a multi-service (Army/Navy) multiyear procurement 
     (MYP) for UH-60 and MH-60 aircraft for Fiscal Year 2002 
     through 2006; to the Committee on Armed Services.
       EC-9242. A communication from the Under Secretary of 
     Defense, Personnel and Readiness, transmitting, pursuant to 
     law, reports relative to the Ready Reserve of the Armed 
     Forces; to the Committee on Armed Services.
       EC-9243. A communication from the Secretary of Defense, 
     transmitting, the report of a retirement; to the Committee on 
     Armed Services.
       EC-9244. A communication from the Secretary of Defense, 
     transmitting, the report of a retirement; to the Committee on 
     Armed Services.
       EC-9245. A communication from the General Counsel, Federal 
     Emergency Management Agency, transmitting, pursuant to law, 
     the report of a rule entitled ``Change in Flood Elevation 
     Determinations'' (Doc. No. FEMA-D-7527) received on September 
     30, 2002; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-9246. A communication from the General Counsel, Federal 
     Emergency Management Agency, transmitting, pursuant to law, 
     the report of a rule entitled ``Final Flood Elevation 
     Determinations'' (44 CFR Part 67) received on September 30, 
     2002; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-9247. A communication from the General Counsel, Federal 
     Emergency Management Agency, transmitting, pursuant to law, 
     the report of a rule entitled ``Changes in Flood Elevation 
     Determinations'' (44 CFR Part 67) received on September 30, 
     2002; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-9248. A communication from the Assistant General Counsel 
     for Regulations, Office of Public and Indian Housing, 
     Department of Housing and Urban Development, transmitting, 
     pursuant to law, the report of a rule entitled ``Exception 
     Payment Standard to Offset Increase in Utility Costs in the 
     Housing Choice Voucher Program'' (RIN2577-AC29) received on 
     September 30, 2002; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-9249. A communication from the Chairman of the Federal 
     Reserve System, transmitting, pursuant to law, a report on 
     credit availability for small business; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-9250. A communication from the Senior Paralegal, Office 
     of Thrift Supervision, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Alternative Mortgage Transaction Parity Act; Preemption'' 
     (RIN1550-AB51) received September 25, 2002; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-9251. A communication from the Assistant Administrator 
     for a Procurement, National Aeronautics and Space 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``NASA Grant and Cooperative Agreement 
     Handbook--Rewrite of Section D--Cooperative Agreements with 
     Commercial Firms and Implementation of Section 319 of Public 
     Law 106-391, Buy American Encouragement'' (RIN2700-AC44) 
     received on September 25, 2002; to the Committee on Commerce, 
     Science, and Transportation.
       EC-9252. 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 ``Missile Technology Production 
     Equipment and Facilities'' (RIN0694-AC51) received on 
     September 30, 2002; to the Committee on Banking, Housing, and 
     Urban Affairs.
       EC-9253. A communication from the Principal Deputy 
     Associate Administrator of the Environmental Protection 
     Agency, transmitting, a report entitled ``Issuance of Revised 
     Model Administrative Order on Consent for Removal Actions''; 
     to the Committee on Environment and Public Works.
       EC-9254. A communication from the Director, Office of 
     Congressional Affairs, Office of the Chief Financial Officer, 
     United States Nuclear Regulatory Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Revision to 
     Salary Offset Procedures'' (RIN3150-AG96) received on 
     September 27, 2002; to the Committee on Environment and 
     Public Works.
       EC-9255. A communication from the Administrator of the 
     Environmental Protection Agency, transmitting, pursuant to 
     law, a report entitled ``Status of the State Small Business 
     Stationary Source Technical and Environmental Compliance 
     Programs (SBTCPs)'' for calendar year 2000; to the Committee 
     on Environment and Public Works.
       EC-9256. A communication from the Principal Deputy 
     Associate Administrator of the Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Approval and Promulgation of Implementation Plans; 
     Louisiana; Baton Rouge Nonattainment Area; Ozone; 1-Hour 
     Ozone Attainment Demonstration; Attainment Date Extension, 
     and Withdrawal of Nonattainment Determination and 
     Reclassification'' (FRL7387-5) received on September 26, 
     2002; to the Committee on Environment and Public Works.
       EC-9257. A communication from the Principal Deputy 
     Associate Administrator of the Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Approval and Promulgation of State Implementation 
     Plan; Ohio'' (FRL7386-9) received on September 26, 2002; to 
     the Committee on Environment and Public Works.
       EC-9258. A communication from the Principal Deputy 
     Associate Administrator of the Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Fining of Failure to Submit State Implementation 
     Plan Revisions for Ozone (1-hour Standard), California--San 
     Joaquin Valley'' (FRL7387-9) received on September 26, 2002; 
     to the Committee on Environment and Public Works.
       EC-9259. A communication from the Chief of the Regulations 
     Unit, Internal Revenue Service, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Retroactive Accident and Health Benefits'' (Rev. Rul. 2002-
     58) received on September 30, 2002; to the Committee on 
     Finance.
       EC-9260. A communication from the Chief of the Regulations 
     Unit, Internal Revenue Service, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Archer MSA Counter 2002'' (Ann. 2002-90) received on 
     September 30, 2002; to the Committee on Finance.
       EC-9261. A communication from the Chief of the Regulations 
     Unit, Internal Revenue Service, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Railroad Track Maintenance Costs--Class II and III 
     Railroads'' (Rev. Proc. 2002-65) received on September 30, 
     2002; to the Committee on Finance.
       EC-9262. A communication from the Chief of the Regulations 
     Unit, Internal Revenue Service, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``2003 Per Diem Rates'' (Rev. Proc. 2002-63) received on 
     September 30, 2002; to the Committee on Finance.
       EC-9263. A communication from the Chief of the Regulations 
     Branch, United States Customs Service, Department of the 
     Treasury, transmitting, pursuant to law, the report of a rule 
     entitled ``Extension of Import Restrictions Imposed on 
     Archaeological Material From Guatemala'' (RIN1515-AD17) 
     received on September 30, 2002; to the Committee on Finance.
       EC-9264. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to the Republic of Cyprus 
     and the status of cultural property agreements with Peru and 
     Canada; to the Committee on Finance.
       EC-9265. A communication from the Commissioner of the 
     Financial Management Service, Department of the Treasury, 
     transmitting, pursuant to law, a report concerning the 
     appearance of Social Security account numbers on or through 
     unopened mailings of checks or other drafts issued on public 
     money in the Treasury; to the Committee on Finance.
       EC-9266. A communication from the Fiscal Assistant 
     Secretary, Department of the Treasury, transmitting, pursuant 
     to law, the annual reports that appear on pages 119-141 of 
     the March 2002 Treasury Bulletin; to the Committee on 
     Finance.
       EC-9267. A communication from the Regulations Coordinator 
     for the Centers for Medicare and Medicaid Services, 
     Department of Health and Human Service, transmitting, 
     pursuant to law, the report of a rule entitled ``Medicare 
     Program; Supplementary Medical Insurance Premium Surcharge 
     Agreements'' (RIN0938-AK42) received on September 30, 2002; 
     to the Committee on Finance.
       EC-9268. A communication from the Regulations Coordinator, 
     Centers for Medicare and Medicaid Service, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``State Children's Health Insurance 
     Program; Eligibility for Prenatal Care for Unborn Children'' 
     (RIN0938-AL37) received on September 30, 2002; to the 
     Committee on Finance.
       EC-9269. 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 and Medicaid Programs; 
     Program of All-inclusive Care for the Elderly (PACE) Program 
     Revisions'' (RIN0938-AL59) received on September 30, 2002; to 
     the Committee on Finance.
       EC-9270. A communication from the Attorney, Research and 
     Special Programs Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Hazardous Material Regulations: Minor 
     Editorial Corrections and Clarifications'' (RIN2137-AD72) 
     received on September 30, 2002; to the Committee on Commerce, 
     Science, and Transportation.
       EC-9271. A communication from the Attorney, Research and 
     Special Programs Administration, Department of 
     Transportation,

[[Page S9983]]

     transmitting, pursuant to law, the report of a rule entitled 
     ``Hazardous Materials: Required for Maintenance, 
     Requalification, Repair and Use of DOT Specification 
     Cylinders; Extension of Compliance Date'' (RIN2137-AD58) 
     received on September 30, 2002; to the Committee on Commerce, 
     Science, and Transportation.
       EC-9272. A communication from the Chief of Regulations and 
     Administrative Law, United States Coast Guard, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Drawbridge Regulations: (including 3 
     regulations)'' ((RIN2115-AE47)(2002-0083)) received on 
     September 30, 2002; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9273. A communication from the Chief of Regulations and 
     Administrative Law, United States Coast Guard, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Regatta Regulations; Cape Fear River, 
     Wilmington, NC'' ((RIN2115-AE46)(2002-0032)) received on 
     September 30, 2002; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9274. A communication from the Chief of Regulations and 
     Administrative Law, United States Coast Guard, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Safety/Security Zone Regulations; Gulf 
     Intracoastal Waterway Mile 134.0, Cypremort Point, 
     Louisiana'' ((RIN2115-AA97)(2002-0189)) received on September 
     30, 2002; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9275. A communication from the Senior Regulations 
     Analyst, Department of Transportation, transmitting, pursuant 
     to law, the report of a rule entitled ``Procedures for 
     Transportation Workplace Drug and Alcohol Testing Programs; 
     Procedures for Non-Evidential Alcohol Screening Devices'' 
     (RIN2105-AD13) received on September 27, 2002; to the 
     Committee on Commerce, Science, and Transportation.
       EC-9276. A communication from the Senior Regulations 
     Analyst, Department of Transportation, transmitting, pursuant 
     to law, the report of a rule entitled ``Withdrawal of 
     Proposed Rulemaking Actions'' (RIN2105-AD16) received on 
     September 27, 2002; to the Committee on Commerce, Science, 
     and Transportation.
       EC-9277. A communication from the Trial Attorney, National 
     Highway Traffic Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Schedule of Fees Authorized by 49 USC 
     30141'' (RIN2127-AI77) received on September 30, 2002; to the 
     Committee on Commerce, Science, and Transportation.
       EC-9278. A communication from the Regulations Officer, 
     Federal Motor Carrier Safety Administration, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Development of a North American Standard 
     for Protection Against Shifting and Falling Cargo'' (RIN2126-
     AA27) received on September 30, 2002; to the Committee on 
     Commerce, Science, and Transportation.
       EC-9279. A communication from the Secretary of 
     Transportation, transmitting, pursuant to law, the National 
     Plan of Integrated Airport Systems (NPIAS), 2001-2005; to the 
     Committee on Commerce, Science, and Transportation.
       EC-9280. A communication from the Chairman of the Federal 
     Communications Commission, transmitting, pursuant to law, the 
     Commission's Revised Strategic Plan for Fiscal Years 2003 
     through 2008; to the Committee on Commerce, Science, and 
     Transportation.
       EC-9281. A communication from the Secretary of 
     Transportation, transmitting, pursuant to law, the report of 
     the Office of the Inspector General for the period October 1, 
     2001 through March 31, 2002; to the Committee on Governmental 
     Affairs.
       EC-9282. A communication from the Chairman of the Postal 
     Rate Commission, transmitting, pursuant to law, a report 
     relative to network vulnerability assessment report dated 
     August 2002; to the Committee on Governmental Affairs.
       EC-9283. A communication from the Chairman of the Federal 
     Maritime Commission, transmitting, pursuant to law, the 
     Semiannual Report of the Office of the Inspector General for 
     the period October 1, 2001 through March 31, 2002; to the 
     Committee on Governmental Affairs.
       EC-9284. A communication from the Assistant Secretary for 
     Policy, Management and Budget, Department of the Interior, 
     transmitting, pursuant to law, the Department's inventory of 
     commercial activities for Fiscal Year 2001; to the Committee 
     on Governmental Affairs.

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