The ABA Washington Summary

Daily Edition 4.15.11 The Senate is not in session today. The House is in session today.

Federal Register, Vol. 76, Nos. 71 - 72 (April 13, 2011 – April 14, 2011)
Congressional Record, Vol. 157, Nos. 53 - 54 (April 12, 2011 – April 13, 2011)

Civil Rights/ Constitutional Law
Courts/ Judiciary
Criminal Law
Elder Law
Emergency Preparedness and Response

Gun Violence
HIV/AIDS
Housing and Homelessness
Immigration Law
Indian Affairs
International Law
 Military Law
National Security
Veterans Affairs

Civil Rights/ Constitutional Law 

Bills Introduced

S 788 (Harkin, D-IA), to amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes; to Health, Education, Labor, and Pensions. CR 4/12/11, S2387.

S 797 (Mikulski, D-MD), to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes; to Health, Education, Labor, and Pensions. CR 4/12/11, S2387.

HR 1488 ( Israel, D-NY), to amend the Equal Credit Opportunity Act to prohibit discrimination on account of sexual orientation or gender identity when extending credit; to Financial Services. CR 4/12/11, H2603.

HR 1493 (Norton, D-DC), to amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes; to Education and the Workforce. CR 4/12/11, H2603.

S 811 (Merkley, D-OR), to prohibit employment discrimination on the basis of sexual orientation or gender identity; to Health, Education, Labor, and Pensions. CR 4/13/11, S2446.

HR 1519 (DeLauro, D-CT), to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes; to Education and the Workforce. CR 4/13/11, H2665.

H Con Res 40 (Engel, D-NY), to support the goals and ideals of the National Day of Silence in bringing attention to anti-lesbian, gay, bisexual, and transgender name-calling, bullying, and harassment faced by individuals in schools; to Education and the Workforce. CR 4/13/11, H2665.

 

Courts/ Judiciary

Hearings

On 4/13/11, the Senate Judiciary Committee held a hearing to examine the following nominations: Henry F. Floyd, of South Carolina, to be United States Circuit Judge for the Fourth Circuit; Nelva Gonzales Ramos, of Texas, to be United States District Judge for the Southern District of Texas; Richard Brooke Jackson, of Colorado, to be United States District Judge for the District of Colorado; and Sara Lynn Darrow, of Illinois, to be United States District Judge for the Central District of Illinois.

Committee Action

The Senate Judiciary Committee is scheduled to vote on the nomination of Bernice Bouie Donald, of , to be United States Circuit Judge for the Sixth Circuit. 5/5/11, 10 am, 226 Dirksen.

Floor Action

On 4/12/11, the Senate confirmed the following nominations:Vincent L. Briccetti,of New York, to be United States District Judge for the Southern District of New York (voice vote); and John A. Kronstadt, of California, to be United States District Judge for the Central District of California (unanimous vote of 96 yeas).

On 4/14/11, the Senate reached a unanimous-consent-time agreement providing that at 4:30 p.m., on Monday, 5/2/11, the Senate will begin consideration of the nominations of Roy Bale Dalton Jr., of Florida, to be United States District Judge for the Middle District of Florida, and Kevin Hunter Sharp, of Tennessee, to be United States District Judge for the Middle District of Tennessee.

 

Criminal Law

Bills Introduced  

HR 1523 (Maloney, D-NY), to amend the DNA Analysis Backlog Elimination Act of 2000 to provide for Debbie Smith grants for auditing sexual assault evidence backlogs and to establish a Sexual Assault Forensic Evidence Registry, and for other purposes; to Judiciary. CR 4/13/11, H2665.

Notices

On 4/13/11, the Department of Justice (DOJ) announced a 4/26/11 – 4/27/11 hearing of the Review Panel on Prison Rape, to assist the Bureau of Justice Statistics (BJS) in identifying common characteristics of victims and perpetrators of sexual victimization in U.S. prisons, and the common characteristics of prisons with the highest and lowest incidence of rape, respectively, based on an anonymous survey by the BJS of inmates in a representative sample of U.S. prisons. FR20711.

On 4/14/11, the U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), announced a request for public comment on a new information collection, Suspicious/Criminal Activity Tip Reporting, regarding multiple tools DHS/ICE is implementing for tip reporting to allow the public and law enforcement partners to report tip information regarding crimes within the jurisdiction of DHS. Comments are due 6/13/11. FR20997.

Presidential Action

On 4/8/11, the president issued Proclamation 8650, to declare 4/10/11 – 4/16/11, as National Crime Victims’ Rights Week, and to call upon the nation to observe the week by participating in events that raise awareness of victims’ rights and services and by volunteering to serve victims in their time of need. FR20829.

 

Elder Law

Bills Introduced  

S 789 (Baucus, D-MT), to express the sense of the Senate that Medicare should not be dismantled and turned into a voucher program; to Finance. CR 4/12/11, S2387.

S 804 (Graham, R-SC), to adjust the normal and early retirement ages for receipts of benefits under the Social Security program, increase the maximum age for delayed retirement credit, and provide for progressive price indexing of benefits; to Finance. CR 4/13/11, S2446.

Notices

On 4/13/11, the Department of Justice (DOJ) announced a request for public comment on a new information collection, Elder Justice Roadmap Project, to identify policy, practice, and research priorities in the field of elder abuse, neglect, and exploitation and to help develop a strategic roadmap for activities to address those priorities. Comments are due 6/13/11. FR20708.

 

Emergency Preparedness and Response

Notices  

On 4/13/11, the Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS), announced an interim rule regarding modified Base Flood Elevations (BFEs), for which new flood insurance premium rates will be calculated for new buildings and their contents. FR20553.

On 4/13/11, FEMA, DHS, announced proposed BFEs for specified communities, a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). Comments are due 7/12/11. FR20606.

 

Gun Violence

Bills Introduced  

HR 1506 (King, R-NY), to increase public safety by permitting the attorney general to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist; to Judiciary. CR 4/13/11, H2664.

HIV/AIDS

Bills Introduced  

S 795 (Gillibrand, D-NY), to address HIV/AIDS in the African-American community, and for other purposes; to Health, Education, Labor, and Pensions. CR 4/12/11, S2387.

 

Housing and Homelessness

Notices

On 4/13/11, the Department of Housing and Urban Development (HUD) announced a request for public comment on a proposed information collection, Public Housing Agency (PHA) 5-Year and Annual Plan, a comprehensive guide to PHA policies, programs, operations, and strategies for meeting local housing needs and goals. Comments are due 6/13/11. FR 20698.

 

Immigration Law

Bills Introduced  

HR 1475 (Peters, D-MI), to reform and modernize domestic refugee resettlement programs, and for other purposes; to Judiciary. CR 4/12/11, H2602.

Notices  

On 4/14/11, the U.S. Immigration and Customs Enforcement (ICE), DHS, announced a request for public comment on a proposed information collection, Fee Remittance for Certain F, J and M Nonimmigrants, regarding the fee that is collected from nonimmigrant foreign students and exchange visitors to the United States. Comments are due 6/13/11. FR20996.

 

Indian Affairs

Notices  

On 4/13/11, the Administration for Children and Families (ACF), Department of Health and Human Services (HHS), announced ACF is holding one-day tribal consultations between the Office of Head Start leadership and the leadership of Tribal Governments operating Head Start, to discuss ways to better meet the needs of American Indian and Alaska Native children and their families. FR20674.

 

International Law  

Bills Introduced  

S Con Res 12 (Lugar, R-IN), to express the sense of Congress that the president should take certain actions with respect to the Government of Burma; to Foreign Relations. CR 4/12/11, S2387.

HR 1501 (Walsh, R-IL), to withhold contributions to the United Nations until the United Nations formally retracts the final report of the ‘‘United Nations Fact Finding Mission on the Gaza Conflict’’; to Foreign Affairs. CR 4/12/11, H2603.

HR 1514 ( , D-NV), to limit assistance to unless is honoring its commitments under the 1979 peace treaty between and ; to Foreign Affairs. CR 4/13/11, H2664.

HR 1518 (Critz, D-PA), to amend Section 310 of the Trade Act of 1974 to strengthen provisions relating to the identification of United States trade expansion priorities; to Ways and Means. CR 4/13/11, H2664.

H Con Res 39 (Andrews, D-NJ), to express the sense of Congress regarding the freedom, security, and stability of ; to Foreign Affairs. CR 4/13/11, H2665.

Presidential Action  

On 4/8/11, the president issued Proclamation 8651, to declare 4/14/11 as Pan American Day and 4/10/11 – 4/16/11 as Pan American Week, and to urge nation’s officials to honor these observances with appropriate ceremonies and activities. FR20831.

 

Military Law

Bills Introduced  

S 815 (Snowe, R-ME), to guarantee that military funerals are conducted with dignity and respect; to Veterans’ Affairs. CR 4/13/11, S2446.

HR 1517 (Braley, D-IA), to amend Titles 10 and 28, United States Code, to provide for military sexual assault and domestic violence accountability, and for other purposes; to Armed Services. CR 4/13/11, H2664.

HR 1529 (Tsongas, D-MA), to amend Title 10, United States Code, and the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to provide for implementation of additional recommendations of the Defense Task Force on Sexual Assault in the Military Services; to Armed Services. CR 4/13/11, H2665.

Presidential Action  

On 4/8/11, the president issued Proclamation 8652, to declare 4/9/11 as National Former Prisoner of War Recognition Day, and to call upon the nation to observe the day of remembrance by honoring our service members, veterans, and all American prisoners of war. FR20833.

 

National Security

Bills Introduced  

HR 1502 (Wolf, R-VA), to establish the Counterterrorism Competitive Analysis Council; to Intelligence (Permanent Select). CR 4/12/11, H2603.

S 803 (McCain, R-AZ), to implement a comprehensive border security plan to combat illegal immigration, drug and alien smuggling, and violent activity in the southwest border of the United States; to Homeland Security and Governmental Affairs. CR 4/13/11, S2446.

S 813 (Whitehouse, D-RI), to promote public awareness of cyber security; to Homeland Security and Governmental Affairs. CR 4/13/11, S2446.

HR 1505 (Bishop, R-UT), to prohibit the secretaries of the Interior and Agriculture from taking action on public lands which impede border security on such lands, and for other purposes; to Natural Resources. CR 4/13/11, H2664.

HR 1507 (Flake, R-AZ), to implement a comprehensive border security plan to combat illegal immigration, drug and alien smuggling, and violent activity in the southwest border of the United States; to Homeland Security. CR 4/13/11, H2664.

 

Veterans Affairs

 

Bills Introduced  

S 798 (Tester, D-MT), to provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes; to Judiciary. CR 4/12/11, S2387.

HR 1484 (Filner, D-CA), to amend Title 38, United States Code, to improve the appeals process of the Department of Veterans Affairs and to establish a commission to study judicial review of the determination of veterans’ benefits; to Veterans’ Affairs. CR 4/12/11, H2602.

Notices

On 4/13/11, the Department of Veterans Affairs (VA) announced a request for public comment on a proposed information collection, Civil Rights Discrimination Complaint, used by veterans and other VHA customers to file a formal complaint of the alleged discrimination. Comments are due 6/13/11. FR20821.

On 4/13/11, the VA announced a request for public comment on a proposed information collection, VA Advance Directive: Living Will and Durable Power of Attorney for Health Care, used by claimants admitted to a VA medical facility to appoint a health care agent to make decisions about his or her medical treatment and to record specific instructions about their treatment preferences in the event they no longer can express their preferred treatment. Comments are due 6/13/11. FR20822.

 

 

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