A Daily Legislative Update Service of the Governmental Affairs Office
daily edition 8.29.2009
The Senate and House are not in session today. The House and Senate will reconvene 9/8/09.
Federal Register, Vol. 74, Nos. 163-165 (August 25-27, 2009)
Children and Families
Notices
On 8/26/09, the Office of Personnel Management announced proposed regulations that would provide an eligible employee up to 26 administrative workweeks of leave under the Family and Medical Leave Act (FMLA) to care for a member of the Armed Forces who is injured in the line of duty; amend the rules on advancing sick leave, including sick leave that may be substituted for FMLA unpaid leave to care for a covered service member and sick leave that may be used to provide care for a family member and/or for bereavement purposes; and propose organizational changes to the existing sick leave and FMLA regulations to enhance reader understanding and administration of these programs. Comments are due 10/26/09. FR 43064.
Civil Rights/Constitutional Law
Notices
On 8/25/09, the United States Commission on Civil Rights announced a 9/3/09 meeting of the commission via teleconference to hear an update on the National Civil Rights Conference, to hear State Advisory Committee issues, and for other matters. The public dial-in number is 1800-597-7623, and the conference ID number is 26317162. FR 42851.
Criminal Law
Notices
On 8/26/09, the Centers for Disease Control and Prevention (CDC), HHS, announced request for public comment on a proposed project, the Program Effectiveness Evaluation of Workplace Intervention for Intimate Partner Violence, which documents the workplace intimate partner violence prevention activities delivered by the company, determines the impact of these activities on short-term and long-term outcomes, and determines the cost-effectiveness of the programs. Comments are due 10/25/09. FR 43139.
Disability Law
Notices
On 8/25/09, the Department of Education announced a request for public comment on several information collections providing instructions and forms necessary for states to report on issues concerning children with disabilities who are receiving special education and related services under the Individuals with Disabilities Education Act, Part B. Comments are due 9/24/09. FR 42878.
On 8/27/09, the Department of Education announced a request for public comment on a proposed information collection, the Student Assistance General Provisions for Financial Assistance for Students with Intellectual Disabilities, which allows students with intellectual disabilities who enroll in an eligible comprehensive transitional and postsecondary program to receive program assistance under the Federal Pell Grant, Federal Supplemental Educational Opportunity Grant, and Federal Work Study programs. Comments are due 10/26/09. FR 43687.
Elder Law
Notices
On 8/25/09, the National Institutes of Health (NIH), Department of Health and Human Services (HHS), announced a 10/20/09 meeting of the National Institute on Aging Board of Scientific Counselors in Baltimore, MD, to hear committee discussion. FR 42904.
Election Law
Notices
On 8/25/09, the Election Assistance Commission (EAC) announced a virtual public forum for the EAC Standards Board on 9/9/09-9/18/09 to review and provide comment on five draft chapters of the Election Management Guidelines containing best practices and recommendations regarding building community partnerships, canvassing and certifying an election, communicating with the public, conducting a recount, and provisional ballots. The forum may be accessed at http://eac.gov. FR 42883.
Health Law
Notices
On 8/25/09, the Food and Drug Administration (FDA), HHS, announced a request for public comment on a regulation specifying how the FDA will determine the organizational component assigned to have primary jurisdiction for the premarket review and regulation of products that are comprised of any combination of drugs, devices, and biological products; and providing procedures for classifying and determining which agency component is designated to have primary jurisdiction for any drug, device, or biological product where such jurisdiction is unclear or in dispute. Comments are due 10/16/09. FR 42900.
On 8/25/09, HHS announced a direct final rule amending the Patient Safety and Quality Improvement Rule by adjusting for inflation the maximum civil monetary penalty amount for violations of the confidentiality provisions of the rule, amending the penalty amount to comply with the Federal Civil Penalties Inflation Adjustment Act. Comments are due 9/24/09. The final rule becomes effective 11/23/09. FR 42777.
On 8/25/09, the Health Resources and Services Administration, HHS, announced a 9/9/09-9/11/09 meeting in Sacramento, CA, to hear presentations from subcommittees on primary care workforce, home-based care options for seniors, and health care provider integration, and for other matters. FR 42905.
On 8/26/09, the FDA, HHS, announced a two-day public workshop in Pittsburgh, PA, entitled “FDA Clinical Trial Requirements, Regulations, Compliance and GCP,” which will provide information about FDA clinical trial requirements to the regulated industry. FR 43141.
On 8/26/09, the Health Resources and Services Administration (HRSA), HHS, announced the issuing of non-competitive supplemental funding under the Office for the Advancement of Telehealth’s Telehealth Resource Center Grant Program to ensure that the National Telehealth Resource Center in Washington, DC, can continue to provide much needed technical assistance services to the Regional Telehealth Resource Centers, HRSA grantees, and new and existing telehealth organizations in order to address legal and regulatory barriers to the effective implementation of telehealth technologies at the state and national level. FR 43143.
HIV/AIDS
Notices
On 8/25/09, the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), announced a request for public comment on a proposed project entitled Formative Research to Inform an HIV Testing Social Marketing Campaign for African American Heterosexual Men, which will be used for the development of a CDC-sponsored campaign aimed at increasing HIV testing rates among young African American homosexual males. Comments are due 9/24/09. FR 42899.
On 8/25/09, NIH, HHS, announced a 9/15/09-9/16/09 meeting of the AIDS Research Advisory Committee in Bethesda, MD, to discuss recent developments and future plans in AIDS vaccine research, development and clinical testing. FR 42905.
On 8/26/09, the Office of HIV/AIDS Policy, HHS, announced a solicitation of nominations of qualified candidates to be considered for appointment as members to the Presidential Advisory Council on HIV/AIDS, which provides advice, information, and recommendations to the secretary of HHS regarding programs and policies to promote effective prevention and cure of HIV and AIDS. Nominations are due 9/11/09. FR 43132.
Immigration Law
Notices
On 8/25/09, U.S. Customs and Border Protection, Department of Homeland Security, announced the postponement of the commencement date of the H-2A and H-2B Temporary Worker Visa Exit Program Pilot, which will require temporary workers within H-2A and H-2B nonimmigrant classifications that enter the United States at either the port of San Luis, AZ, or the port of Douglas, AZ, to depart from one of those ports and to submit certain biographical and biometric information at one of the kiosks established for this purpose. The pilot program will now begin 12/8/09. FR 42909.
Indian Affairs
Notices
On 8/26/09, the Administration for Children and Families, HHS, announced a request for public comment on an information collection, the Grant Application Data Summary Form, which collects information from applicants seeking grants from the Administration for Native Americans. Comments are due 9/25/09. FR 43139.
On 8/26/09, the Bureau of Indian Affairs, Department of the Interior, announced a request for public comment on a submitted information collection, the Tribal Self-Governance Program. Comments are due 9/25/09. FR 43150.
International Law
Notices
On 8/25/09, the State Department announced that it has imposed statutory debarment pursuant to the International Traffic in Arms Regulations on persons convicted of violating, attempting to violate, or conspiring to violate Section 38 of the Arms Export Control Act (AECA), which prohibits the State Department from issuing licenses or other approvals for the export of defense articles or defense services where the applicant, or any party to the export, has been convicted of violating certain statutes, including the AECA. FR 42949.
Military Law
Notices
On 8/26/09, the Department of Education announced a request for public comment on a proposed information collection, the General Provisions Readministration for Service Members, which establish the requirements under which an institution must readmit service members with the same academic status they had at the institution when they last attended before being called to uniformed service. Comments are due 10/26/09. FR 43100.
On 8/27/09, the Department of Defense announced a 9/23/09-9/26/09 meeting in Alexandria, VA, of the Defense Task Force on Sexual Assault in the Military Services to obtain and discuss information on the task force’s congressionally mandated task to examine matters related to sexual briefings from, and discussions with, task force staff and subject-matter experts; to review documents; and to prepare the task force report. FR 43683.
Tort and Insurance Law
Notices
On 8/26/09, the Consumer Product Safety Commission announced a withdrawal of the 7/12/06 rule identifying and explaining related factors, other than those specified by statute, which the Commission may consider in evaluating the appropriateness and amount of a civil penalty under the Consumer Product Safety Act (CPSA). The Consumer Product Safety Improvement Act of 2008 supersedes the proposed rule by amending the CPSA, the Federal Hazardous Substances Act, and the Flammable Fabrics Act to require the commission to consider additional factors and to issue a rule providing its interpretation of all statutory factors pertaining to civil penalties. The proposed rule is withdrawn as of 8/26/09. FR 43084.
Veterans Affairs
Notices
On 8/26/09, the Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), announced a request for public comment on a proposed information collection, the Vocational Rehabilitation and Employment (VR&E) Program National Outcome Follow-up with Employment Based Rehabilitated Veterans Survey, which will be used to determine whether the VR&E program is meeting the needs of severely disabled veterans and whether rehabilitation services are as effective as they can be. Comments are due 9/25/09. FR 43227.
On 8/26/09, the VBA, VA, announced a request for public comment on a proposed information collection, the Authorization to Substitute a Claim of Deceased Claimant, which will be used to allow beneficiaries to request authorization to be substituted for a claimant who passed away while a claim or appeal for benefits is pending. Comments are due 9/25/09. FR 43228.

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