[Congressional Record Volume 157, Number 42 (Monday, March 28, 2011)]
[Senate]
[Pages S1892-S1894]
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-985. A communication from the Administrator of the 
     National Organic Program, 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-AD04) (Docket No. AMS-NOP-
     10-0051; NOP-10-04FR)) received during adjournment of the 
     Senate in the Office of the President of the Senate on March 
     18, 2011; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-986. A communication from the Administrator of the Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Olives Grown in California; 
     Decreased Assessment Rate'' (Docket No. AMS-FV-10-0115; FV11-
     932-1 IR) received during adjournment of the Senate in the 
     Office of the President of the Senate on March 18, 2011; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-987. A communication from the Administrator of the Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Walnuts Grown in California; 
     Decreased Assessment Rate'' (Docket No. AMS-FV-10-0060; FV10-
     984-1 FIR) received during adjournment of the Senate in the 
     Office of the President of the Senate on March 18, 2011; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-988. A communication from the Administrator of the Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Tart Cherries Grown in the States 
     of Michigan, et al.; Final Free and Restricted Percentages 
     for the 2010-2011 Crop Year for Tart Cherries'' (Docket No. 
     AMS-FV-10-0081; FV10-930-4 FR) received during adjournment of 
     the Senate in the Office of the President of the Senate on 
     March 18, 2011; to the Committee on Agriculture, Nutrition, 
     and Forestry.
       EC-989. A communication from the Administrator of the Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Minimum Quality and Handling 
     Standards for Domestic and Imported Peanuts Marketed in the 
     United States; Section 610 Review'' (Docket No. AMS-FV-10-
     0030; FV10-996-610 Review) received during adjournment of the 
     Senate in the Office of the President of the Senate on March 
     18, 2011; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-990. A communication from the Administrator of the Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Avocados Grown in South Florida; 
     Increased Assessment Rate'' (Docket No. AMS-FV-10-0067; FV10-
     915-1 FIR) received during adjournment of the Senate in the 
     Office of the President of the Senate on March 18, 2011; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-991. A communication from the Administrator of the Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Blueberry Promotion, Research, 
     and Information Order; Section 610 Review'' (Docket No. AMS-
     FV-10-0006) received during adjournment of the Senate in the 
     Office of the President of the Senate on March 18, 2011; to 
     the Committee on Agriculture, Nutrition, and Forestry.
       EC-992. A communication from the Associate Administrator of 
     the Fruit and Vegetable Programs, Agricultural Marketing 
     Service, Department of Agriculture, transmitting, pursuant to 
     law, the report of a rule entitled ``Marketing Order 
     Regulating the Handling of Spearmint Oil Produced in the Far 
     West; Revision of the Salable Quantity and Allotment 
     Percentage for Class 3 (Native) Spearmint Oil for the 2010-
     2011 Marketing Year'' (Docket No. AMS-FV-09-0082; FV10-985-1A 
     IR) received during adjournment of the Senate in the Office 
     of the President of the Senate on March 18, 2011; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-993. A communication from the Administrator of the Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Country of Origin Labeling of 
     Packed Honey'' ((RIN0581-AC89) (Docket No. AMS-FV-08-0075)) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on March 18, 2011; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-994. A communication from the Administrator of the Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Kiwifruit Grown in California; 
     Order Amending Marketing Order No. 920; Correction'' (Docket 
     No. AMS-FV-10-0115; FV11-932-1 IR) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on March 18, 2011; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-995. A communication from the Administrator of the Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Pears Grown in Oregon and 
     Washington; Amendment to Allow Additional Exemptions'' 
     (Docket No. AMS-FV-10-0072; FV10-927-1 IR) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on March 18, 2011; to the Committee on 
     Agriculture, Nutrition, and Forestry.
       EC-996. A communication from the Director of the Regulatory 
     Management Division, Office of Policy, Environmental 
     Protection Agency, transmitting, pursuant to law, the report 
     of a rule entitled ``Flubendiamide; Pesticide Tolerances'' 
     (FRL No. 8863-8) received during adjournment of the Senate in 
     the Office of the President of the Senate on March 22, 2011; 
     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-997. A communication from the Director of the Regulatory 
     Management Division, Office of Policy, Environmental 
     Protection Agency, transmitting, pursuant to law, the report 
     of a rule entitled ``Aspergillus flavus AF36: Exemption from 
     the Requirement of a Tolerance'' (FRL No. 8868-7) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on March 22, 2011; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-998. A communication from the President of the United 
     States to the President Pro Tempore of the United States 
     Senate, transmitting, consistent with the War Powers 
     Resolution, a report relative to U.S. military operations to 
     assist an international effort authorized by the United 
     Nations Security Council relative to Libya; to the Committee 
     on Foreign Relations.
       EC-999. A communication from the Acting Assistant 
     Secretary, Bureau of Legislative Affairs, Department of 
     State, transmitting, pursuant to the Arms Export Control Act, 
     the certification of a proposed amendment to a manufacturing 
     license agreement for the export of defense articles, to 
     include technical data, and defense services to support the 
     development and production of the Evolved SeaSparrow Missile 
     in the amount of $50,000,000 or more; to the Committee on 
     Foreign Relations.
       EC-1000. A communication from the Acting Assistant 
     Secretary, Legislative Affairs, Department of State, 
     transmitting, pursuant to Executive Order 12163, as amended 
     by Executive Order 13346, a report relative to a waiver of 
     the restrictions contained in Section 907 of the FREEDOM 
     Support Act of 1992; to the Committee on Foreign Relations.
       EC-1001. A communication from the Acting Assistant 
     Secretary, Legislative Affairs, Department of State, 
     transmitting, pursuant to law, a report relative to 
     outstanding expropriation cases by country along with details 
     about each case; to the Committee on Foreign Relations.
       EC-1002. A communication from the Under Secretary of 
     Defense (Comptroller), transmitting, pursuant to law, a 
     report relative to a violation of the Antideficiency Act that 
     occurred within the Department of the Navy and was assigned 
     case number 10-03; to the Committee on Appropriations.
       EC-1003. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Multiyear Contract Authority for Electricity from Renewable 
     Energy Sources'' ((RIN0750-AG48) (DFARS Case 2008-D006)) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on March 22, 2011; to the 
     Committee on Armed Services.
       EC-1004. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Repeal of Restriction on Ballistic Missile Defense 
     Research, Development,

[[Page S1893]]

     Test, and Evaluation'' ((RIN0750-AH18) (DFARS Case 2011-
     D026)) received during adjournment of the Senate in the 
     Office of the President of the Senate on March 22, 2011; to 
     the Committee on Armed Services.
       EC-1005. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Nonavailability Exception for Procurement of Hand or 
     Measuring Tools'' ((RIN0750-AH17) (DFARS Case 2011-D025)) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on March 22, 2011; to the 
     Committee on Armed Services.
       EC-1006. A communication from the Director of Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Safety of Facilities, Infrastructure, and Equipment for 
     Military Operations'' ((RIN0750-AG73) (DFARS Case 2009-D029)) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on March 22, 2011; to the 
     Committee on Armed Services.
       EC-1007. A communication from the Attorney Advisor, U.S. 
     Coast Guard, Department of Homeland Security, transmitting, 
     pursuant to law, the report of a rule entitled ``Security 
     Zones; Moored Cruise Ships, Port of San Diego, California'' 
     ((RIN1625-AA87) (Docket No. USCG-2010-1129)) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on March 18, 2011; to the Committee on Commerce, 
     Science, and Transportation.
       EC-1008. A communication from the Secretary, Bureau of 
     Trade Affairs, Federal Maritime Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Service 
     Contracts and Non-Vessel-Operating Arrangements; Transmission 
     of Approved Log-In ID and Passwords'' (RIN3072-AC42) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on March 21, 2011; to the Committee 
     on Commerce, Science, and Transportation.
       EC-1009. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast Stations 
     (Lake Brownwood and Early, Texas)'' (MB Docket No. 09-181, 
     RM-11573) received during adjournment of the Senate in the 
     Office of the President of the Senate on March 18, 2011; to 
     the Committee on Commerce, Science, and Transportation.
       EC-1010. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Policies to 
     Promote Rural Radio Service and to Streamline Allotment and 
     Assignment Procedures'' (MB Docket No. 09-52; FCC 11-28) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on March 18, 2011; to the 
     Committee on Commerce, Science, and Transportation.
       EC-1011. A communication from the Assistant Secretary, 
     Energy Efficiency and Renewable Energy, Department of Energy, 
     transmitting, pursuant to law, a report relative to the Zero-
     Net Energy Commercial Building Initiative and other 
     government initiatives that affect commercial buildings; to 
     the Committee on Energy and Natural Resources.
       EC-1012. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Hazardous Waste 
     Management System Identification and Listing of Hazardous 
     Waste; Final Exclusion'' (FRL No. 9285-7) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on March 22, 2011; to the Committee on Environment 
     and Public Works.
       EC-1013. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Prevention of 
     Significant Deterioration (PSD) and Nonattainment New Source 
     Review (NSR): Reconsideration of Inclusion of Fugitive 
     Emissions; Interim Rule; Stay and Revisions'' (FRL No. 9280-
     8) received during adjournment of the Senate in the Office of 
     the President of the Senate on March 22, 2011; to the 
     Committee on Environment and Public Works.
       EC-1014. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Revisions to the 
     California State Implementation Plan, San Joaquin Valley 
     Unified Air Pollution Control District'' (FRL No. 9279-2) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on March 22, 2011; to the 
     Committee on Environment and Public Works.
       EC-1015. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Approval and 
     Promulgation of Gila River Indian Community's Tribal 
     Implementation Plan'' (FRL No. 9259-9) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on March 22, 2011; to the Committee on Environment 
     and Public Works.
       EC-1016. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans; Designation of Areas 
     for Air Quality Planning Purposes; State of California; PM-
     10; Technical Amendment'' (FRL No. 9284-3) received in the 
     Office of the President of the Senate on March 16, 2011; to 
     the Committee on Environment and Public Works.
       EC-1017. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Final Regulation 
     Extending the Reporting Deadline for Year 2010 Data Elements 
     Required Under the Mandatory Reporting of Greenhouse Gases 
     Rule'' (FRL No. 9283-7) received in the Office of the 
     President of the Senate on March 16, 2011; to the Committee 
     on Environment and Public Works.
       EC-1018. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans; Nebraska: Prevention of 
     Significant Deterioration; Greenhouse Gas Permitting 
     Authority and Tailoring Rule Revision'' (FRL No. 9281-6) 
     received in the Office of the President of the Senate on 
     March 16, 2011; to the Committee on Environment and Public 
     Works.
       EC-1019. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Delegation of National 
     Emission Standards for Hazardous Air Pollutants for Source 
     Categories; State of Arizona, Maricopa County Air Quality 
     Department; State of California, Santa Barbara County Air 
     Pollution Control District'' (FRL No. 9283-4) received in the 
     Office of the President of the Senate on March 16, 2011; to 
     the Committee on Environment and Public Works.
       EC-1020. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; New 
     Hampshire; Determination of Attainment of the 1997 Ozone 
     Standard'' (FRL No. 9281-5) received in the Office of the 
     President of the Senate on March 16, 2011; to the Committee 
     on Environment and Public Works.
       EC-1021. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Approval and 
     Promulgation of Air Quality Implementation Plans; Virginia; 
     Adoption of the Revised Lead Standards and Related Reference 
     Conditions and Update of Appendices; Withdrawal of Direct 
     Final Rule'' (FRL No. 9281-4) received in the Office of the 
     President of the Senate on March 16, 2011; to the Committee 
     on Environment and Public Works.
       EC-1022. A communication from the Director of the 
     Regulatory Management Division, Office of Policy, 
     Environmental Protection Agency, transmitting, pursuant to 
     law, the report of a rule entitled ``Amendments to the 
     Protocol Gas Verification Program and Minimum Competency 
     Requirements for Air Emission Testing'' (FRL No. 9280-9) 
     received in the Office of the President of the Senate on 
     March 16, 2011; to the Committee on Environment and Public 
     Works.
       EC-1023. A communication from the Program Manager, Centers 
     for Medicare and Medicaid Services, Department of Health and 
     Human Services, transmitting, pursuant to law, the report of 
     a rule entitled ``Medicaid Program; State Allotments for 
     Payment of Medicare Part B Premiums for Qualifying 
     Individuals: Federal Fiscal Year 2010 and Federal Fiscal Year 
     2011'' (RIN0938-AQ42) received during adjournment of the 
     Senate in the Office of the President of the Senate on March 
     18, 2011; to the Committee on Finance.
       EC-1024. A communication from the Program Manager, Centers 
     for Medicare and Medicaid Services, Department of Health and 
     Human Services, transmitting, pursuant to law, the report of 
     a rule entitled ``Medicare and Medicaid Programs; Civil Money 
     Penalties for Nursing Homes'' (RIN0938-AQ02) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on March 18, 2011; to the Committee on Finance.
       EC-1025. A communication from the Chairman, Medicare 
     Payment Advisory Commission, transmitting, pursuant to law, a 
     report entitled ``Report to the Congress: Medicare Payment 
     Policy''; to the Committee on Finance.
       EC-1026. A communication from the Deputy Director of 
     Regulations Policy and Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Change of Address; Requests for Exemption From the Bar Code 
     Label Requirements'' ((21 CFR Part 201)(Docket No. FDA-2011-
     N-0101)) received in the Office of the President of the 
     Senate on March 17, 2011; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-1027. A communication from the Associate Legal Counsel, 
     Equal Employment Opportunity Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Regulations 
     to Implement the Equal Employment Provisions of the Americans 
     with Disabilities Act, as amended'' (RIN3046-

[[Page S1894]]

     AA85) received during adjournment of the Senate in the Office 
     of the President of the Senate on March 18, 2011; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-1028. A communication from the Chief Human Capital 
     Officer, Corporation for National and Community Service, 
     transmitting, pursuant to law, a report relative to a vacancy 
     in the position of Inspector General of the Corporation for 
     National and Community Service, received in the Office of the 
     President of the Senate on March 17, 2011; to the Committee 
     on Health, Education, Labor, and Pensions.
       EC-1029. A communication from the Ombudsman, Energy 
     Employees Compensation Program, Department of Labor, 
     transmitting, pursuant to law, a report relative to the 
     Energy Employees Occupational Illness Compensation Program; 
     to the Committee on Health, Education, Labor, and Pensions.
       EC-1030. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report on D.C. Act 18-160 ``Attorney General for the District 
     of Columbia Clarification and Elected Term Amendment Act of 
     2010''; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-1031. A communication from the Chairman of the Council 
     of the District of Columbia, transmitting, pursuant to law, a 
     report on D.C. Act 18-724 ``District of Columbia Official 
     Code Title 29 (Business Organizations) Enactment Act of 
     2010''; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-1032. A communication from the District of Columbia 
     Auditor, transmitting, pursuant to law, a report entitled, 
     ``Auditor's Examination of the Office of Risk Management's 
     Oversight of the District's Disability Compensation 
     Program''; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-1033. A communication from the Acting Assistant 
     Secretary, Bureau of Legislative Affairs, Department of 
     State, transmitting, pursuant to law, the Department's Fiscal 
     Year 2010 annual report relative to the Notification and 
     Federal Employee Antidiscrimination and Retaliation Act of 
     2002; to the Committee on Homeland Security and Governmental 
     Affairs.
       EC-1034. A communication from the Staff Director, United 
     States Commission on Civil Rights, transmitting, pursuant to 
     law, the report of the appointment of members to the North 
     Dakota Advisory Committee; to the Committee on the Judiciary.
       EC-1035. A communication from the Staff Director, United 
     States Commission on Civil Rights, transmitting, pursuant to 
     law, the report of the appointment of members to the Montana 
     Advisory Committee; to the Committee on the Judiciary.

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