[Congressional Record Volume 154, Number 159 (Wednesday, October 1, 2008)]
[Senate]
[Pages S10321-S10323]
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-8154. A communication from the Principal Deputy, Office 
     of the Under Secretary of Defense (Personnel and Readiness), 
     transmitting the report of (3) officers authorized to wear 
     the insignia of the next higher grade in accordance with 
     title 10, United States Code, section 777; to the Committee 
     on Armed Services.
       EC-8155. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``National Organic Program; Amendment to the National List of 
     Allowed and Prohibited Substances (Livestock)'' (RIN0581-
     AC81) received on September 30, 2008; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-8156. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Apricots Grown in Designated Counties in Washington; 
     Increased Assessment Rate'' ((Docket No. AMS-FV-08-
     0052)(FV08-922-1 FR)) received on September 30, 2008; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-8157. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Irish Potatoes Grown in Colorado; Reinstatement of the 
     Continuing Assessment Rate'' ((Docket No. AMS-FV-08-
     0048)(FV08-948-2 FR)) received on September 30, 2008; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-8158. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Irish Potatoes Grown in Washington; Relaxation of Handling 
     and Import Regulations'' ((Docket No. AMS-FV-08-0036)(FV08-
     946-1 IFR)) received on September 30, 2008; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-8159. 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 ``Encryption Simplification'' 
     (RIN0694-AE18) received on September 30, 2008; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-8160. 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 ``De Minimis U.S. Content in 
     Foreign Made Items'' (RIN0694-AC17) received on September 30, 
     2008; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-8161. A communication from the Associate Managing 
     Director--Performance Evaluation and Records Management, 
     Federal Communications Commission, transmitting, pursuant to 
     law, the report of a rule entitled ``Amendment of Section 
     90.20(e)(6) of the Commission's Rules'' ((FCC 08-186)(WT 
     Docket No. 06-142)) received on September 30, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8162. A communication from the Associate Managing 
     Director--Performance Evaluation and Records Management, 
     Federal Communications Commission, transmitting, pursuant to 
     law, the report of a rule entitled ``Amendment of Section 
     73.202(b), Table of Allotments, FM Broadcast Stations: 
     Beeville, Christine, George West, and Tilden, Texas'' ((DA 
     08-70)(MB Docket No. 07-78)) received on September 30, 2008; 
     to the Committee on Commerce, Science, and Transportation.
       EC-8163. A communication from the Associate Managing 
     Director--Performance Evaluation and Records Management, 
     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: Castle Rock, Colorado'' ((DA 08-2031)(MB 
     Docket No. 08-106)) received on September 30, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8164. A communication from the Associate Managing 
     Director--Performance Evaluation and Records Management, 
     Federal Communications Commission, transmitting, pursuant to 
     law, the report of a rule entitled ``Amendment of the 
     Commission's Rules Regarding Maritime Automatic 
     Identification Systems'' ((FCC 08-208)(WT Docket No. 04-344)) 
     received on September 30, 2008; to the Committee on Commerce, 
     Science, and Transportation.
       EC-8165. A communication from Director, Office of Surface 
     Mining, Department of the Interior, transmitting, pursuant to 
     law, the report of a rule entitled ``Wyoming Abandoned Mine 
     Land Reclamation Plan'' ((SATS No. WY-036-FOR)(Docket ID OSM-
     2008-0008)) received on September 30, 2008; to the Committee 
     on Energy and Natural Resources.
       EC-8166. A communication from the Administrator of the 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``RCRA Hazardous Waste 
     Identification of Methamphetamine Production Process By-
     products''; to the Committee on Environment and Public Works.
       EC-8167. A communication from the Director, Office of 
     Congressional Affairs, Nuclear Regulatory Commission, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Adjustment of Civil Penalties for Inflation'' (RIN3150-
     AI45) received on September 26, 2008; to the Committee on 
     Environment and Public Works.
       EC-8168. 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; Ohio; Removal of Vehicle Inspection and Maintenance 
     Programs for Cincinnati and Dayton'' ((EPA-R05-OAR-2007-
     1100)(FRL-8723-9)) received on September 30, 2008; to the 
     Committee on Environment and Public Works.
       EC-8169. 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; Revised Format for Materials Being Incorporated by 
     Reference for Maine'' ((ME-064-7013a)(FRL-8719-7)) received 
     on September 30, 2008; to the Committee on Environment and 
     Public Works.
       EC-8170. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Approval of Revised Municipal Waste Combustor State Plan 
     for Designated Facilities and Pollutants: Indiana'' ((EPA-
     R05-OAR-2007-0952)(FRL-8722-8)) received on September 30, 
     2008; to the Committee on Environment and Public Works.
       EC-8171. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Regulation of Fuels and Fuel Additives: Modifications to 
     Renewable Fuel Standard Program Requirements'' ((RIN2060-
     AO80)(FRL-8723-3)) received on September 30, 2008; to the 
     Committee on Environment and Public Works.
       EC-8172. A communication from the Director, Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Aspergillus flavus NRRL 21882; Exemption from the 
     Requirement of a Tolerance'' ((EPA-HQ-OPP-2008-0381)(FRL-
     8383-9)) received on September 30, 2008; to the Committee on 
     Environment and Public Works.
       EC-8173. A communication from the Chief of Trade and 
     Commercial Regulations Branch, Customs and Border Protection, 
     Department of Homeland Security, transmitting, pursuant to 
     law, the report of a rule entitled ``Haitian Hemispheric 
     Opportunity Through Partnership Encouragement Acts of 2006 
     and 2008'' (RIN1505-AB82) received on September 26, 2008; to 
     the Committee on Finance.
       EC-8174. A communication from the Chief of Publications and 
     Regulations Branch, Internal Revenue Service, Department of 
     the Treasury, transmitting, pursuant to law, the report of a 
     rule entitled ``No-Rule Areas under Section 409A'' (Rev. 
     Proc. 2008-61) received on September 30, 2008; to the 
     Committee on Finance.
       EC-8175. A communication from the Regulation Coordinator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant

[[Page S10322]]

     to law, the report of a rule entitled ``Medicare Program; 
     Hospital Inpatient Prospective Payment Systems and Fiscal 
     Year 2009 Rates: Final Fiscal Year 2009 Wage Indices and 
     Payment Rates Including Implementation of Section 124 of the 
     Medicare Improvement for Patients and Providers Act for 
     2008'' (RIN0938-AP15) received on September 30, 2008; to the 
     Committee on Finance.
       EC-8176. A communication from the Regulation Coordinator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicaid Program; Self-Directed 
     Personal Assistance Services Program State Plan Option (Cash 
     and Counseling)'' (RIN0938-AO52) received on September 30, 
     2008; to the Committee on Finance.
       EC-8177. 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 ``2008 National Pool'' (Rev. Proc. 2008-57) 
     received on October 1, 2008; to the Committee on Finance.
       EC-8178. 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 ``Travel Per Diem Revenue Procedure'' (Rev. 
     Proc. 2008-59) received on October 1, 2008; to the Committee 
     on Finance.
       EC-8179. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed agreement for the export of 
     defense articles or defense services sold commercially under 
     contract in the amount of $50,000,000 or more to Germany; to 
     the Committee on Foreign Relations.
       EC-8180. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification regarding the proposed blanket transfer of 
     major defense equipment having an original acquisition value 
     of more than $14,000,000 to Norway, Greece, Portugal, Spain, 
     the Republic of Korea, Chile, Canada, New Zealand, Germany, 
     Australia, and Japan; to the Committee on Foreign Relations.
       EC-8181. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed manufacturing license 
     agreement for the manufacture of significant military 
     equipment to Turkey; to the Committee on Foreign Relations.
       EC-8182. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of technical data, defense services, 
     and defense articles in the amount of $50,000,000 or more to 
     Mexico; to the Committee on Foreign Relations.
       EC-8183. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of defense services and defense 
     articles in the amount of $50,000,000 or more to Saudi 
     Arabia; to the Committee on Foreign Relations.
       EC-8184. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification regarding the proposed transfer of major 
     defense equipment with an original acquisition value of more 
     than $14,000,000 to Germany; to the Committee on Foreign 
     Relations.
       EC-8185. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed manufacturing license 
     agreement for the manufacture of significant military 
     equipment with the United Kingdom; to the Committee on 
     Foreign Relations.
       EC-8186. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     a certification of a proposed manufacturing license agreement 
     for the manufacture of significant military equipment abroad 
     and the export of defense services and defense articles in 
     the amount of $50,000,000 or more to France; to the Committee 
     on Foreign Relations.
       EC-8187. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed license for the export of 
     defense articles that are firearms controlled under Category 
     I of the United States Munitions List sold commercially under 
     contract in the amount of $1,000,000 or more to Iraq; to the 
     Committee on Foreign Relations.
       EC-8188. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed manufacturing license 
     agreement to include the export of technical data, defense 
     services, and defense articles in the amount of $100,000,000 
     or more to Japan; to the Committee on Foreign Relations.
       EC-8189. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of technical data, defense services, 
     and defense articles in the amount of $50,000,000 or more to 
     South Korea; to the Committee on Foreign Relations.
       EC-8190. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of technical data, defense services, 
     and defense articles in the amount of $50,000,000 or more to 
     Algeria and France; to the Committee on Foreign Relations.
       EC-8191. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of technical data, defense services, 
     and defense articles in the amount of $100,000,000 or more to 
     the Netherlands, United Kingdom, Luxembourg, Belgium, Sweden, 
     Germany, France, and Spain; to the Committee on Foreign 
     Relations.
       EC-8192. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed agreement for the export of 
     defense articles or defense services sold commercially under 
     contract in the amount of $50,000,000 or more to Japan; to 
     the Committee on Foreign Relations.
       EC-8193. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of technical data, defense services, 
     and defense articles in the amount of $100,000,000 or more to 
     the United Kingdom and Spain; to the Committee on Foreign 
     Relations.
       EC-8194. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed manufacturing license 
     agreement to include the export of technical data, defense 
     services, and defense articles in the amount of $100,000,000 
     or more to the United Kingdom; to the Committee on Foreign 
     Relations.
       EC-8195. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to law, a report entitled 
     ``Report of U.S. Citizen Expropriation Claims and Certain 
     Other Commercial and Investment Disputes''; to the Committee 
     on Foreign Relations.
       EC-8196. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to law, the report of a rule 
     entitled ``Amendment to the International Traffic in Arms 
     Regulations: Registration Fee Change'' (RIN1400-AC50) 
     received on September 26, 2008; to the Committee on Foreign 
     Relations.
       EC-8197. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of an application for a license for the 
     export of defense articles or defense services to be sold 
     under a contract in the amount of $50,000,000 or more to 
     Singapore; to the Committee on Foreign Relations.
       EC-8198. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed manufacturing license 
     agreement for the manufacture of significant military 
     equipment abroad and the export of defense services and 
     defense articles in the amount of $100,000,000 or more to 
     Japan; to the Committee on Foreign Relations.
       EC-8199. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to law, the report of a rule 
     entitled ``Amendment to the International Arms Traffic in 
     Arms Regulations: Eritrea'' (22 CFR Part 126) received on 
     September 30, 2008; to the Committee on Foreign Relations.
       EC-8200. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of major defense articles to include 
     technical data, defense services, and defense articles in the 
     amount of $14,000,000 or more to the United Arab Emirates; to 
     the Committee on Foreign Relations.
       EC-8201. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of defense articles, including 
     technical data, and defense services in the amount of 
     $50,000,000 or more to Singapore; to the Committee on Foreign 
     Relations.
       EC-8202. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act,

[[Page S10323]]

     the certification of a proposed manufacturing license 
     agreement to include the export of technical data, defense 
     services, and defense articles in the amount of $100,000,000 
     or more to Greece; to the Committee on Foreign Relations.
       EC-8203. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed retransfer of defense 
     articles or defense services in the amount of $50,000,000 or 
     more to Saudi Arabia; to the Committee on Foreign Relations.
       EC-8204. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed agreement for the export of 
     defense articles or defense services sold commercially under 
     contract in the amount of $50,000,000 or more to the Republic 
     of Korea; to the Committee on Foreign Relations .
       EC-8205. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement to include the export of technical data, defense 
     services, and defense articles regarding major defense 
     equipment in the amount of $14,000,000 or more to Qatar; to 
     the Committee on Foreign Relations.
       EC-8206. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement to include the export of technical data, defense 
     services, and defense articles in the amount of $50,000,000 
     or more to Italy; to the Committee on Foreign Relations.
       EC-8207. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, 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'' (22 CFR Part 
     41) received on September 30, 2008; to the Committee on 
     Foreign Relations.
       EC-8208. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of technical data, defense services, 
     and defense articles in the amount of $50,000,000 or more to 
     Italy; to the Committee on Foreign Relations.
       EC-8209. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed manufacturing license 
     agreement for the manufacture of significant military 
     equipment abroad with Japan; to the Committee on Foreign 
     Relations.
       EC-8210. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification regarding the proposed transfer of major 
     defense equipment with an original acquisition value of more 
     than $14,000,000 to Turkey; to the Committee on Foreign 
     Relations.
       EC-8211. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of defense articles, including 
     technical data, and defense services in the amount of 
     $50,000,000 or more to Mexico; to the Committee on Foreign 
     Relations .
       EC-8212. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement for the export of technical data, defense services, 
     and defense articles in the amount of $50,000,000 or more to 
     Sweden; to the Committee on Foreign Relations.
       EC-8213. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed technical assistance 
     agreement to include the export of technical data, defense 
     services, and defense articles in the amount of $50,000,000 
     or more to South Korea, United Kingdom, and France; to the 
     Committee on Foreign Relations.
       EC-8214. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     State, transmitting, pursuant to law, the report of a rule 
     entitled ``Amendment to the International Traffic in Arms 
     Regulations: Registration Fee Change'' (RIN1400-AC50) 
     received on September 30, 2008; to the Committee on Foreign 
     Relations.
       EC-8215. A communication from the General Counsel, Office 
     of Management and Budget, Executive Office of the President, 
     transmitting, pursuant to law, the report of a vacancy and 
     designation of an acting officer for the position of 
     Administrator, Office of Federal Procurement Policy, received 
     on September 30, 2008; to the Committee on Homeland Security 
     and Governmental Affairs.
       EC-8216. 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 ``Mine Rescue Team 
     Equipment'' (RIN1219-AB56) received September 30, 2008; to 
     the Committee on Health, Education, Labor, and Pensions.
       EC-8217. 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 ``Fire Extinguishers in 
     Underground Coal Mines'' (RIN1219-AB40) received October 1, 
     2008; to the Committee on Health, Education, Labor, and 
     Pensions.

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