[Congressional Record (Bound Edition), Volume 149 (2003), Part 15]
[Senate]
[Pages 21126-21129]
[From the U.S. 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

[[Page 21127]]

     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 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,

[[Page 21128]]

     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 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

[[Page 21129]]

     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.

                          ____________________