[Congressional Record Volume 169, Number 16 (Wednesday, January 25, 2023)]
[Senate]
[Pages S95-S97]
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-21. A communication from the Senior Attorney Advisor/
     Regulations Officer, Federal Highway Administration, 
     Department of Transportation, transmitting, pursuant to law, 
     the report of a rule entitled ``Indefinite Delivery and 
     Indefinite Quantity Contracts for Federal-aid Construction'' 
     (RIN2125-AF83) received in the Office of the President of the 
     Senate on December 1, 2022; to the Committee on Environment 
     and Public Works.
        EC-22. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``National Priorities List'' (FRL No. 10435-01-OLEM) received 
     in the Office of the President of the Senate on December 21, 
     2022; to the Committee on Environment and Public Works.
        EC-23. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Air Plan Approval; Oregon; Updates to Materials 
     Incorporated by Reference'' (FRL No. 10172-01-R10) received 
     in the Office of the President of the Senate on December 21, 
     2022; to the Committee on Environment and Public Works.
        EC-24. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revisions to the Clean Air Act Operating Permit Program; 
     California; San Diego County Air Pollution Control District'' 
     (FRL No. 10031-02-R9) received in the Office of the President 
     of the Senate on December 21, 2022; to the Committee on 
     Environment and Public Works.
        EC-25. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Air Plan Approval; California; San Diego County Air 
     Pollution Control District; San Joaquin Valley Unified Air 
     Pollution Control District'' (FRL No. 10004-02-R9) received 
     in the Office of the President of the Senate on December 21, 
     2022; to the Committee on Environment and Public Works.
        EC-26. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``National Emission Standards for Hazardous Air Pollutants: 
     Site Remediation'' (FRL No. 4866.1-02-OAR) received in the 
     Office of the President of the Senate on December 21, 2022; 
     to the Committee on Environment and Public Works.
        EC-27. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Reconsideration of the 2020 National

[[Page S96]]

     Emission Standards for Hazardous Air Pollutants: 
     Miscellaneous Organic Chemical Manufacturing Residual Risk 
     and Technology Review'' (FRL No. 6494.1-02-OAR) received in 
     the Office of the President of the Senate on December 21, 
     2022; to the Committee on Environment and Public Works.
        EC-28. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Air Plan Approval; California; Eastern Kern Air 
     Pollution Control District; Stationary Source Permits'' (FRL 
     No. 10268-02-R9) received in the Office of the President of 
     the Senate on December 21, 2022; to the Committee on 
     Environment and Public Works.
        EC-29. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Air Plan Approval; Alaska; Updates to Materials 
     Incorporated by Reference'' (FRL No. 10023-01-R10) received 
     in the Office of the President of the Senate on December 21, 
     2022; to the Committee on Environment and Public Works.
        EC-30. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``National Emissions Standards for Hazardous Air 
     Pollutants; Delegation of Authority to Washington'' (FRL No. 
     9881-02-R10) received in the Office of the President of the 
     Senate on December 21, 2022; to the Committee on Environment 
     and Public Works.
        EC-31. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Community Right-To-Know; Adopting 2022 North 
     American Industry Classification System (NAICS) Codes for 
     Toxics Release Inventory (TRI) Reporting; Correction'' (FRL 
     No. 10268-02-R9) received in the Office of the President of 
     the Senate on December 21, 2022; to the Committee on 
     Environment and Public Works.
        EC-32. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Revised Definition of `Waters of the United 
     States' '' ((RIN2040-AG19) (FRL No. 6027.4-01-OW)) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on January 10, 2023; to the Committee 
     on Environment and Public Works.
        EC-33. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Civil Monetary Penalty Inflation Adjustment'' (FRL 
     No. 5906.7-01-OECA) received during adjournment of the Senate 
     in the Office of the President of the Senate on January 10, 
     2023; to the Committee on Environment and Public Works.
        EC-34. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Second 10-Year Maintenance Plan for the Indian 
     Wells Valley PM10 Planning Area; Claifornia'' (FRL No. 8856-
     02-R9) received during adjournment of the Senate in the 
     Office of the President of the Senate on January 10, 2023; to 
     the Committee on Environment and Public Works.
        EC-35. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Air Plan Approval; Arizona; Maricopa County; Power 
     Plants'' (FRL No. 9426-02-R9) received during adjournment of 
     the Senate in the Office of the President of the Senate on 
     January 10, 2023; to the Committee on Environment and Public 
     Works.
        EC-36. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Air Plan Approval; North Carolina; Charlotte-
     Gastonia-Rock Hill Area Limited Maintenance Plan for the 1997 
     8-Hour Ozone NAAQS'' (FRL No. 9781-02-R4) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on January 10, 2023; to the Committee on 
     Environment and Public Works.
        EC-37. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Approval and Promulgation of State Air Quality 
     Plans for Dsignated Facilities and Pollutants; Arkansas; 
     Control of Emissions From Existing Municipal Solid Waste 
     Landfills'' (FRL No. 10189-02-R6) received during adjournment 
     of the Senate in the Office of the President of the Senate on 
     January 10, 2023; to the Committee on Environment and Public 
     Works.
        EC-38. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Air Plan Approval; North Carolina; Miscellaneous 
     NSR Revisions and Updates; Updates to References to Appendix 
     W Modeling Guideline'' (FRL No. 10215-02-R4) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on January 10, 2023; to the Committee on 
     Environment and Public Works.
        EC-39. A communication from the Associate Director of the 
     Regulatory Management Division, Environmental Protection 
     Agency, transmitting, pursuant to law, the report of a rule 
     entitled ``Air Plan Approval; North Carolina; Minor Revisions 
     to Nitrogen Oxides Rule'' (FRL No. 10402-02-R4) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on January 10, 2023; to the Committee 
     on Environment and Public Works.
        EC-40. A communication from the Branch of Administrative 
     Support Services, Fish and Wildlife Service, Department of 
     the Interior, transmitting, pursuant to law, the report of a 
     rule entitled ``Endangered and Threatened Wildlife and 
     Plants; Endangered Status for the Dolphin and the Union 
     Caribou'' (RIN1018-BD03) received during adjournment of the 
     Senate in the Office of the President of the Senate on 
     January 10, 2023; to the Committee on Environment and Public 
     Works.
        EC-41. A communication from the Chief of the Branch of 
     Domestic Listing, Fish and Wildlife Service, Department of 
     the Interior, transmitting, pursuant to law, the report of a 
     rule entitled ``Endangered and Threatened Wildlife and 
     Plants; Threatened Species Status With Section 4(d) Rule for 
     Whitebark Pine (Pinus albicaulis)'' (RIN1018-BE23) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on January 10, 2023; to the Committee 
     on Environment and Public Works.
        EC-42. A communication from the Chief of the Branch of 
     Domestic Listing, Fish and Wildlife Service, Department of 
     the Interior, transmitting, pursuant to law, the report of a 
     rule entitled ``Endangered and Threatened Wildlife and 
     Plants; Endangered Species Status and Designation of Critical 
     Habitat for Tiehm's Buckwheat'' (RIN1018-BF94) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on January 10, 2023; to the Committee 
     on Environment and Public Works.
        EC-43. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Civil Monetary Penalty Inflation Adjustment'' (FRL No. 
     5906.7-01-OECA) received in the Office of the President of 
     the Senate on December 21, 2022; to the Committee on 
     Environment and Public Works.
        EC-44. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Air Plan Approval; California; San Joaquin Valley Unified 
     Air Pollution Control District; South Coast Air Quality 
     Management District'' (FRL No. 9304-02-R9) received in the 
     Office of the President of the Senate on December 21, 2022; 
     to the Committee on Environment and Public Works.
        EC-45. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Air Plan Approval; California; San Diego County Air 
     Pollution Control District'' (FRL No. 9870-02-R9) received in 
     the Office of the President of the Senate on December 21, 
     2022; to the Committee on Environment and Public Works.
        EC-46. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Air Plan Disapproval; Missouri; Control of Sulfur Dioxide 
     Emissions'' (FRL No. 9976-02-R7) received in the Office of 
     the President of the Senate on December 21, 2022; to the 
     Committee on Environment and Public Works.
        EC-47. A communication from the Director of the Regulatory 
     Management Division, Environmental Protection Agency, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Control of Air Pollution from New Motor Vehicles: Heavy-
     Duty Engine and Vehicle Standards'' (FRL No. 7165-02-OAR) 
     received in the Office of the President of the Senate on 
     December 21, 2022; to the Committee on Environment and Public 
     Works.
        EC-48. A communication from the Deputy Inspector General 
     for Audit Services, Department of Health and Human Services, 
     transmitting, pursuant to law, a report entitled ``Mandated 
     Analysis of Home Health Service Utilization From January 2016 
     Through March 2022''; to the Committee on Finance.
        EC-49. A communication from the Branch Chief of the 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``Revenue Procedure: 
     procedures for determination letters and private letter 
     rulings under the jurisdiction of the Commissioner, Tax 
     Exempt and Government Entities Division, Employee Plans 
     Rulings and Agreements'' (Rev. Proc. 2023-4) received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on January 10, 2023; to the Committee on Finance.
        EC-50. A communication from the Branch Chief of the 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``List of No-Rule Areas 
     of IRC for Letter Rulings or Determination Letters'' (Rev. 
     Proc. 2023-3) received during adjournment of the Senate in 
     the Office of the President of the Senate on January 10, 
     2023; to the Committee on Finance.
        EC-51. A communication from the Branch Chief of the 
     Publications and Regulations

[[Page S97]]

     Branch, Internal Revenue Service, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Treatment of Special Enforcement Matters'' (RIN1545-BP01) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on January 10, 2023; to the 
     Committee on Finance.
        EC-52. A communication from the Branch Chief of the 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``TD: Information 
     Reporting of Health Insurance Coverage and Other Issues under 
     Sections 5000A, 6055, and 6056'' (RIN1545-BQ11) received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on January 10, 2023; to the Committee 
     on Finance.
        EC-53. A communication from the Branch Chief of the 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``Prevailing Wage and 
     Apprenticeship Initial Guidance Under Section 45 (b) (6) (B) 
     (ii) and Other Substantially Similar Provisions'' (Notice 
     2022-61) received during adjournment of the Senate in the 
     Office of the President of the Senate on January 10, 2023; to 
     the Committee on Finance.
        EC-54. A communication from the Regulations Coordinator, 
     Centers for Medicare and Medicaid Services, Department of 
     Health and Human Services, transmitting, pursuant to law, the 
     report of a rule entitled ``Medicare Program; Calendar Year 
     (CY) 2023 Home Health Prospective Payment System Rate Update; 
     Home Health Quality Reporting Program Requirements; Home 
     Health Value-Based Purchasing Expanded Model Requirements; 
     and Home Infusion Therapy Services Requirements'' (RIN0938-
     AU85) received in the Office of the President of the Senate 
     on December 21, 2022; to the Committee on Finance.
        EC-55. 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; 
     CY 2023 Payment Policies under the Physician Fee Schedule and 
     Other Changes to Part B Payment and Coverage Policies; 
     Medicare Shared Savings Program Requirements; Implementing 
     Requirements for Manufacturers of Certain Single-dose 
     Container or Single-use Package Drugs to Provide Refunds with 
     Respect to Discarded Amounts; and COVID-19 Interim Final 
     Rule'' ((RIN0938-AU81) (RIN0938-AU95) (RIN0938-AU31) 
     (RIN0938-AU32)) received in the Office of the President of 
     the Senate on December 21, 2022; to the Committee on Finance.
        EC-56. A communication from the Secretary of Labor, 
     transmitting, pursuant to law, a report entitled ``List of 
     Goods Produced by Child Labor or Forced Labor''; to the 
     Committees on Foreign Relations; and the Judiciary.
        EC-57. A communication from the Assistant Secretary, 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to section 36(c) of the Arms Export Control Act, the 
     certification of a proposed license amendment for the export 
     of defense articles, including technical data, and defense 
     services to the Republic of Korea in the amount of 
     $50,000,000 or more (Transmittal No. DDTC 22-049); to the 
     Committee on Foreign Relations.
        EC-58. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, Department of State, transmitting, 
     pursuant to the Case-Zablocki Act, 1 U.S.C. 112b, as amended, 
     the report of the texts and background statements of 
     international agreements, other than treaties (List 2022-
     0173-2022-0177); to the Committee on Foreign Relations.
        EC-59. A communication from the Chief of the Regulatory 
     Coordination Division, Citizenship and Immigration Services, 
     Department of Homeland Security, transmitting, pursuant to 
     law, the report of a rule entitled ``Exercise of Time-Limited 
     Authority to Increase the Numerical Limitation for FY 2023 
     for the H-2B Temporary Nonagricultural Worker Program and 
     Portability Flexibility for H-2B Workers Seeking To Change 
     Employers'' ((RIN1615-AC66) (RIN1205-AC14)) received in the 
     Office of the President of the Senate on December 21, 2022; 
     to the Committee on the Judiciary.
        EC-60. A communication from the Chief of the Regulatory 
     Coordination Division, Citizenship and Immigration Services, 
     Department of Homeland Security, transmitting, pursuant to 
     law, the report of a rule entitled ``Security Bars and 
     Processing; Delay of Effective Date'' ((RIN1615-AC57) 
     (RIN1205-AB08)) received in the Office of the President of 
     the Senate on January 10, 2023; to the Committee on the 
     Judiciary.
        EC-61. A communication from the Director, Administrative 
     Office of the United States Courts, transmitting, pursuant to 
     law, a report on applications for delayed-notice search 
     warrants and extensions during fiscal year 2022; to the 
     Committee on the Judiciary.
        EC-62. A communication from the Director, Administrative 
     Office of the United States Courts, transmitting, pursuant to 
     law, a report relative to a compilation and summary of 
     reports received from chief district judges detailing each 
     public event conducted in accordance with the Pro bono Work 
     to Empower and Represent Act of 2018's requirements during 
     the previous fiscal year; to the Committee on the Judiciary.
        EC-63. A communication from the Secretary, Judicial 
     Conference of the United States, transmitting, a report 
     relative to bankruptcy judgeship recommendations; to the 
     Committee on the Judiciary.
        EC-64. A communication from the Section Chief of the 
     Diversion Control Division, Drug Enforcement Administration, 
     Department of Justice, transmitting, pursuant to law, the 
     report of a rule entitled ``Schedules of Controlled 
     Substances: Placement of Zipeprol in Schedule I'' ((21 CFR 
     Part 1308) (Docket No. DEA-477)) received in the Office of 
     the President of the Senate on December 21, 2022; to the 
     Committee on the Judiciary.
        EC-65. A communication from the Section Chief of the 
     Diversion Control Division, Drug Enforcement Administration, 
     Department of Justice, transmitting, pursuant to law, the 
     report of a rule entitled ``Schedules of Controlled 
     Substances: Placement of Mesocarb in Schedule I'' ((21 CFR 
     Part 1308) (Docket No. DEA-397)) received in the Office of 
     the President of the Senate on December 21, 2022; to the 
     Committee on the Judiciary.
        EC-66. A communication from the Section Chief of the 
     Diversion Control Division, Drug Enforcement Administration, 
     Department of Justice, transmitting, pursuant to law, the 
     report of a rule entitled ``Schedules of Controlled 
     Substances: Removal of [18F] FP-CIT From Control'' ((21 CFR 
     Part 1308) (Docket No. DEA-837)) received in the Office of 
     the President of the Senate on December 21, 2022; to the 
     Committee on the Judiciary.
        EC-67. A communication from the Assistant General Counsel 
     for Regulatory Affairs, Pension Benefit Guaranty Corporation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Allocation of Assets in Single-Employer Plans; Interest 
     Assumptions for Valuing Benefits'' (29 CFR Part 4044) 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on January 10, 2023; to the 
     Committee on Health, Education, Labor, and Pensions.
        EC-68. A communication from the Director of Regulations 
     and Policy Management Staff, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``International Dairy Foods Association and Chobani, Inc.; 
     Response to the Objections and Requests for a Public Hearing 
     on the Final Rule To Revoke the Standards for Lowfat Yogurt 
     and Nonfat Yogurt and To Amend the Standard for Yogurt'' 
     (RIN0910-AI40) received during adjournment of the Senate in 
     the Office of the President of the Senate on January 10, 
     2023; to the Committee on Health, Education, Labor, and 
     Pensions.
        EC-69. A communication from the Director of Regulations 
     and Policy Management Staff, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Uniform 
     Compliance Date for Food Labeling Regulations'' (Docket No. 
     FDA-2000-N-0011) received during adjournment of the Senate in 
     the Office of the President of the Senate on January 10, 
     2023; to the Committee on Health, Education, Labor, and 
     Pensions.
        EC-70. A communication from the Supervisory Regulations 
     Coordinator, Centers for Medicare and Medicaid Services, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Basic Health 
     Program; Federal Funding Methodology for Program Year 2023 
     and Changes to Basic Health Program Regulations'' (RIN0938-
     AU89) received in the Office of the President of the Senate 
     on December 21, 2022; to the Committee on Health, Education, 
     Labor, and Pensions.
        EC-71. A communication from the Assistant Secretary for 
     Legislation, Department of Health and Human Services, 
     transmitting, pursuant to law, a report entitled ``National 
     Plan to Address Alzheimer's Disease: 2022 Update''; to the 
     Committee on Health, Education, Labor, and Pensions.
        EC-72. A communication from the Assistant Secretary for 
     Legislation, Department of Health and Human Services, 
     transmitting, pursuant to law, a report entitled ``Health 
     Profession Opportunity Grants Program Third Report to 
     Congress''; to the Committee on Health, Education, Labor, and 
     Pensions.
        EC-73. A communication from the Assistant Secretary for 
     Legislation, Department of Health and Human Services, 
     transmitting, pursuant to law, a report entitled ``Report on 
     the Affordability of Insulin''; to the Committee on Health, 
     Education, Labor, and Pensions.

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