[Congressional Record Volume 149, Number 120 (Thursday, September 4, 2003)]
[Senate]
[Pages S11115-S11117]
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-3740. A communication from the Members of the 
     Independent Commission on Reform of the United States Olympic 
     Committee, transferring, the Commission's report; to the 
     Committee on Commerce, Science, and Transportation.
       EC-3751. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; 
     Pennsylvania; Motor Vehicle Inspection and Maintenance 
     Program--Revised Final Standards for the Acceleration 
     Simulation Mode Exhaust Emissions Test'' (FRL#7544-7) 
     received on August 22, 2003; to the Committee on Environment 
     and Public Works.
       EC-3752. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of State Air Quality Plans for Designated 
     Facilities and Control of Emissions from Existing Commercial/
     Industrial Solid Waste Incinerator Units; Arizona; Nevada'' 
     (FRL#7534-8) received on August 22, 2003; to the Committee on 
     Environment and Public Works.
       EC-3753. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``New Mexico: 
     Incorporation by Reference of Approved State Hazardous Waste 
     Management Program'' (FRL#7479-5) received on August 22, 
     2003; to the Committee on Environment and Public Works.
       EC-3754. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Oklahoma: 
     Incorporation by Reference of Approved State Hazardous Waste 
     Management Program'' (FRL#7479-3) received on August 22, 
     2003; to the Committee on Environment and Public Works.
       EC-3755. A communication from the Executive Vice President, 
     River System Operations and Environment, Tennessee Valley 
     Authority, transmitting, pursuant to law, the report of a 
     rule entitled ``Approval of Construction in the Tennessee 
     River System; Regulations of Structures; Residential Use on 
     TVA-controlled Residential Access Shoreland and TVA Flowage 
     Easement Shoreland'' (RIN3316-AA19) received on September 2, 
     2003; to the Committee on Environment and Public Works.
       EC-3756. A communication from the Chairman, Nuclear 
     Regulatory Commission, transferring, a report of an 
     organizational change in the Commission's safeguards and 
     security programs; to the Committee on Environment and Public 
     Works.
       EC-3757. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans and Operating Permits 
     Program'' (FRL#7552-9) received on September 2, 2003; to the 
     Committee on Environment and Public Works.
       EC-3758. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants for Lime 
     Products Manufacturing Plants'' (FRL#7551-7) received on 
     September 2, 2003; to the Committee on Environment and Public 
     Works.
       EC-3759. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Revisions to 
     the California State Implementation Plan, Kern County Air 
     Pollution Control District and San Joaquin Valley Unified Air 
     Pollution Control District'' (FRL#7548) received on September 
     2, 2003; to the Committee on Environment and Public Works.
       EC-3760. A communication from the Deputy Associate 
     Administrator, Environmental

[[Page S11116]]

     Protection Agency, transmitting, pursuant to law, the report 
     of a rule entitled ``Revisions to the California State 
     Implementation Plan, South Coast Air Quality Management 
     District'' (FRL#7546-5) received on September 2, 2003; to the 
     Committee on Environment and Public Works.
       EC-3761. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants for Primary 
     Magnesium Refining'' (FRL#7551-4) received on September 2, 
     2003; to the Committee on Environment and Public Works.
       EC-3762. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants: Organic 
     Liquids Distribution (Non-Gasoline)'' (FRL#7551-6) received 
     on September 2 , 2003; to the Committee on Environment and 
     Public Works.
       EC-3763. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``South 
     Carolina: Final Authorization of State Hazardous Waste 
     Management Program Revision'' (FRL#7550-3) received on 
     September 2, 2003; to the Committee on Environment and Public 
     Works.
       EC-3764. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants: 
     Miscellaneous Organic Chemical Manufacturing'' (FRL#7551-3) 
     received on September 2, 2003; to the Committee on 
     Environment and Public Works.
       EC-3765. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants: Taconite 
     Iron Ore Processing'' (FRL#7551-2) received on September 2, 
     2003; to the Committee on Environment and Public Works.
       EC-3766. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; West 
     Virginia; Redesignation of the Follansbee PM10 Nonattainment 
     Area to Attainment and Approval of the Associate Maintenance 
     Plan'' (FRL#7549-1) received on September 2, 2003; to the 
     Committee on Environment and Public Works.
       EC-3767. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval of 
     Section 112(1) Authority for Hazardous Air Pollutants; 
     Equivalency by Permit Provisions; National Emission Standards 
     for Hazardous Air Pollutants from the Pulp and Paper 
     Industry; State of North Carolina'' (FRL#7549-6) received on 
     September 2, 2003; to the Committee on Environment and Public 
     Works.
       EC-3768. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants Surface 
     Coating of Miscellaneous Metal Parts and Products'' 
     (FRL#7549-7) received on September 2, 2003; to the Committee 
     on Environment and Public Works.
       EC-3769. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National 
     Emission Standards for Hazardous Air Pollutants: Site 
     Remediation'' (FRL#7549-3) received on September 2, 2003; to 
     the Committee on Environment and Public Works.
       EC-3770. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; Forsyth 
     County, North Carolina; Update to Materials Incorporated by 
     Reference'' (FRL#7524-4) received on September 2, 2003; to 
     the Committee on Environment and Public Works.
       EC-3771. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; Ohiol 
     Oxides of Nitrogen Regulations'' (FRL#7539-4) received on 
     September 2, 2003; to the Committee on Environment and Public 
     Works.
       EC-3772. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; Maryland; 
     Revisions to Visible Emissions and Sulfur Dioxide 
     Regulations'' (FRL#7523-7) received on September 2, 2003; to 
     the Committee on Environment and Public Works.
       EC-3773. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; 
     Pennsylvania; Revision to Pittsburgh-Beaver Valley Area Ozone 
     Maintenance Plan'' (FRL#7524-9) received on September 2, 
     2003; to the Committee on Environment and Public Works.
       EC-3774. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Operating Permits Program; State of Kansas'' 
     (FRL#7540-7) received on September 2, 2003; to the Committee 
     on Environment and Public Works.
       EC-3775. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Award of 
     Grants and Cooperative Agreement for the Special Projects and 
     Programs Authorized by the Agency's FY 2003 Appropriations 
     Act'' received on September 2, 2003; to the Committee on 
     Environment and Public Works.
       EC-3776. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Part 71 
     Federal Operating Permits Program for California Agricultural 
     Sources, Announcement of a New Deadline For Application 
     Submittal'' (FRL#7537-1) received on September 2, 2003; to 
     the Committee on Environment and Public Works.
       EC-3777. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Prevention 
     of Significant Deterioration (PSD) and Non-attainment New 
     Source Review (NSR): Reconsideration'' received on September 
     2, 2003; to the Committee on Environment and Public Works.
       EC-3778. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; West 
     Virginia; Regulation to Prevent and Control Particulate Air 
     Pollution from Combustion of Fuel in Indirect Heat 
     Exchangers'' (FRL#7525-2) received on September 2, 2003; to 
     the Committee on Environment and Public Works.
       EC-3779. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans Revisions to Florida 
     State Implementation Plan: Transportation Conformity Rule'' 
     (FRL#7541-9) received on September 2, 2003; to the Committee 
     on Environment and Public Works.
       EC-3780. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans; State of Missouri'' 
     (FRL#7542-3) received on September 2, 2003; to the Committee 
     on Environment and Public Works.
       EC-3781. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of State Plan for Designated Facilities and 
     Pollutants; Commonwealth of Kentucky and Jefferson County, 
     Kentucky'' (FRL#7542-6) received on September 2, 2003; to the 
     Committee on Environment and Public Works.
       EC-3782. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Hazardous 
     Waste Management System; Exclusion for Identifying and 
     Listing Hazardous Waste and a Determination Equivalent 
     Treatment; Final Exclusion'' (FRL#7541-7) received on 
     September 2, 2003; to the Committee on Environment and Public 
     Works.
       EC-3783. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``National Oil 
     and Hazardous Substances Pollution Contingency Plan; National 
     Priorities List'' (FRL#7542-7) received on September 2, 2003; 
     to the Committee on Environment and Public Works.
       EC-3784. A communication from the Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Revisions to 
     the California State Implementation Plan, Great Basin Unified 
     Air Pollution Control District'' (FRL#3784) received on 
     September 2, 2003; to the Committee on Environment and Public 
     Works.
       EC-3785. A communication from the Director, Office of 
     Congressional Affairs, Nuclear Regulatory Commission, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``List of Approved Spent Fuel Storage Casks: Standardized 
     NUHOMS -24P, -52B, and -61BT Revisions'' (RIN3150-AH26) 
     received on August 26, 2003; to the Committee on Environment 
     and Public Works .
       EC-3786. A communication from the Director, Office of 
     Congressional Affairs, Nuclear Regulatory Commission, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Adjustment of the Maximum Retrospective Deferred Premium'' 
     (RIN3150-AH23) received on August 26, 2003; to the Committee 
     on Environment and Public Works.
       EC-3787. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, the Report to 
     Congress on the Fiscal Year 2001 Low Income Home Energy 
     Assistance Program; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-3788. A communication from the Human Resources 
     Specialist, Office of the Assistant Secretary for 
     Administration and Management, Department of Labor, 
     transmitting, pursuant to law, the report of a vacancy in the 
     position of Assistant Secretary

[[Page S11117]]

     for Public Affairs, received on August 11, 2003; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-3789. A communication from the Assistant Secretary of 
     Labor for Mine Safety and Health, transmitting, pursuant to 
     law, the report of a rule entitled ``Testing and Evaluation 
     by Independent Laboratories and Non-MSHA Product Safety 
     Standards'' (RIN1219-AA87) received on September 2, 2003; to 
     the Committee on Health, Education, Labor, and Pensions.
       EC-3790. A communication from the Assistant Secretary for 
     Administration and Management, Department of Labor, 
     transferring, pursuant to law, the Department's revised 
     Commercial Activities Inventory for the Year 2002; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-3791. A communication from the Assistant General 
     Counsel, Office of Elementary and Secondary Education, 
     Department of Education, transmitting, pursuant to law, the 
     report of a rule entitled ``Indian Education Discretionary 
     Grant Program'' (RIN1810-AA93) received on September 2, 2003; 
     to the Committee on Health, Education, Labor, and Pensions.
       EC-3792. A communication from the Assistant General 
     Counsel, Office of Elementary and Secondary Education, 
     Department of Education, transmitting, pursuant to law, the 
     report of a rule entitled ``Community Technology Centers 
     Program'' received on September 2, 2003; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-3793. A communication from the Assistant General 
     Counsel, Office of Elementary and Secondary Education, 
     Department of Education, transmitting, pursuant to law, the 
     report of a rule entitled ``Community Technology Centers'' 
     received on September 2, 2003; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-3794. A communication from the Acting Director of 
     Communications and Legislative Affairs, Equal Employment 
     Opportunity Commission, transmitting, pursuant to law, the 
     Commission's revised draft Strategic Plan for Fiscal Years 
     2004-2009; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-3795. A communication from the Director, Regulations, 
     Policy, and Management Staff, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Medical Devices; Obstetrical and Gynecological 
     Devices; Classification of the Breast Lesion Documentation'' 
     (Doc. no. 2003P-0301) received on September 2, 2003; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-3796. A communication from the Director, Regulations, 
     Policy, and Management Staff, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``New Drug and Biological Drug Products; Evidence 
     Needed to Demonstrate Effectiveness of New Drugs When Human 
     Efficacy Studies Are Not Ethical or Feasible'' (RIN0910-AC05) 
     received on September 2, 2003; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-3797. A communication from the Director, Regulations, 
     Policy, and Management Staff, Department of Health and Human 
     Services, transmitting, pursuant to law, the report of a rule 
     entitled ``Food Labeling: Health Claims; Soluble Dietary 
     Fiber From Certain Foods and Coronary Heart Disease'' (Doc. 
     no. 2001Q-0313) received on September 2, 2003; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-3798. A communication from the Secretary of Health and 
     Human Services, transmitting, pursuant to law, a report 
     relative to Mild Traumatic Brain Injury in the United States; 
     to the Committee on Health, Education, Labor, and Pensions.
       EC-3799. A communication from the Assistant Secretary for 
     Civil Rights, Department of Education, transmitting, pursuant 
     to law, the Office of Civil Rights' Annual Report for Fiscal 
     Years 2001 and 2002; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-3800. A communication from the White House Liaison, 
     Office of Civil Rights, Department of Education, 
     transmitting, pursuant to law, the report of a nomination 
     confirmed for the position of Assistant Secretary, received 
     on September 2, 2003; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-3801. A communication from the Secretary of Health and 
     Human Services, transmitting, a letter containing the 
     Secretary's recommendation for the applicable percentage 
     increase in Medicare's hospital inpatient prospective payment 
     system rates for fiscal year 2003; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-3802. A communication from the White House Liaison, 
     Office of Management, Department of Education, transmitting, 
     pursuant to law, the report of a nomination confirmed for the 
     position of Assistant Secretary, received on September 2, 
     2003 ; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-3803. A communication from the Human Resources 
     Specialist, Office of the Assistant Secretary for 
     Administration and Management, Department of Labor, 
     transmitting, pursuant to law, the report of a vacancy in the 
     position of Deputy Secretary of Labor, received on September 
     2, 2003; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-3804. A communication from the Acting Director of 
     Communications and Legislative Affairs, Equal Employment 
     Opportunity Commission, transmitting, the Commission's Annual 
     Report on the Federal Work Force for fiscal year 2002; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-3805. A communication from the Director, Corporate 
     Policy and Research Department, Pension Benefit Guaranty 
     Corporation, transmitting, pursuant to law, the report of a 
     rule entitled ``Benefits Payable in Terminated Single-
     Employer Plans; Allocation of Assets in Single-Employer 
     Plans; Interest Assumptions for Valuing and Paying Benefits'' 
     received on August 22, 2003; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-3806. A communication from the Acting Chairman, Merit 
     Systems Protection Board, transmitting, a report of proposed 
     legislation relative to reauthorization of the Board; to the 
     Committee on Governmental Affairs.
       EC-3807. A communication from the Chairman and General 
     Counsel, National Labor Relations Board, transmitting, 
     pursuant to law, the report of the Office of Inspector 
     General for the period October 1, 2001 through March 31, 
     2002; to the Committee on Governmental Affairs.
       EC-3808. A communication from the Chairman, National 
     Endowment for the Arts, transmitting, pursuant to law, the 
     2003 inventories of commercial activities and inherently 
     governmental activities performed by employees of the 
     Endowment; to the Committee on Governmental Affairs.
       EC-3809. A communication from the Trade Representative, 
     Executive Office of the President, transmitting, pursuant to 
     law, the Representative's FY 2004 Performance Plan and FY 
     2002 Annual Performance Report; to the Committee on 
     Governmental Affairs.
       EC-3810. A communication from the Secretary of 
     Transportation , transmitting, pursuant to law, the 
     Department of Transportation's Report on Management Decisions 
     and Final Actions on Office of Inspector General Audit 
     Recommendations for the period ending March 31, 2003; to the 
     Committee on Governmental Affairs.
       EC-3811. A communication from the Administrator, General 
     Services Administration, transmitting, a copy of lease 
     prospectuses in support of the General Services 
     Administration's Fiscal Year 2004 Capital Investment and 
     Leasing Program; to the Committee on Governmental Affairs.
       EC-3812. A communication from the Chair, Equal Employment 
     Opportunity Commission, transmitting, pursuant to law, the 
     report of the Office of Inspector General for the period 
     ending March 31 , 2003; to the Committee on Governmental 
     Affairs.
       EC-3813. A communication from the Chairman, Defense Nuclear 
     Facilities Safety Board, transmitting, the Board's 
     Performance Report for Fiscal Year 2001; to the Committee on 
     Governmental Affairs.
       EC-3814. A communication from the Vice President of the 
     United States, transmitting, an alternative plan for across-
     the-board and locality pay increases payable to civilian 
     Federal employees; to the Committee on Governmental Affairs.
       EC-3815. A communication from the Auditor of the District 
     of Columbia, transmitting, a report relative to the Advisory 
     Neighborhood Commission; to the Committee on Governmental 
     Affairs .
       EC-3816. A communication from the Director, Office of 
     Personnel Management, transmitting, a report relative to the 
     Federal student loan payment program; to the Committee on 
     Governmental Affairs.
       EC-3817. A communication from the Chairman, National Labor 
     Relations Board, transmitting, pursuant to law, the Board's 
     Office of Inspector General's inventory of inherently 
     governmental and commercial activities; to the Committee on 
     Governmental Affairs.

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