A Daily Legislative Update Service of the Governmental Affairs Office
daily edition 10.30.2009
The Senate is in session today. The House is not in session.

Congressional Record, Vol. 155, No. 159 (October 29, 2009)
Federal Register, Vol. 74, No. 209 (October 30, 2009)
CQ, Vol. 45, No. 158 (October 30, 2009)

Business Law
The Senate Homeland Security and Governmental Affairs Committee will hold a hearing titled “Business Formation and Financial Crime: Finding a Legislative Solution.” Kevin Shepherd, member of the ABA Task Force on Gatekeeper Regulation and the Profession, will testify on behalf of the ABA. 11/5/09, 10 am, 342 Dirksen.
Court Action
On 10/29/09, a federal judge at the U.S. District Court for the District of Columbia granted a partial summary judgment in a case filed by the ABA, ruling that the Federal Trade Commission exceeded its authority by applying its “Red Flags Rule” to practicing lawyers. ABA President Carolyn B. Lamm issued a statement applauding the ruling.
On 10/29/09, the Senate received the nominations of William M. Conley, of Wisconsin, to be United States District Judge for the Western District of Wisconsin; and Brian Anthony Jackson, of Louisiana, to be United States District Judge for the Middle District of Louisiana.
On 10/29/09, the Senate Judiciary Committee approved the nomination of Barbara Milano Keenan, of Virginia, to be United States Circuit Judge for the Fourth Circuit.
Environmental Law
The Oceans, Atmosphere, Fisheries, and Coast Guard Subcommittee, Senate Commerce, Science, and Transportation Committee, will hold a hearing titled “The Future of Ocean Governance: Building Our National Ocean Policy.” 11/4/09, 10 am, 253 Russell.
Health Law
Bills Introduced
S 2128 ( Lemieux, R-FL), to provide for the establishment of the Office of Deputy Secretary for Health Care Fraud Prevention; to Health, Education, Labor, and Pensions. S10916, CR 10/29/09.
HR 3962 ( Dingell, D-MI), to provide affordable, quality health care for all Americans and reduce the growth in health care spending; to Energy and Commerce. H12140, CR 10/29/09.
HR 3966 ( Carson, D-IN), to amend the American Reinvestment and Recovery Act of 2009 to extend for six months the period of eligibility for COBRA premium assistance under such act; to Education and Labor. H12140, CR 10/29/09.
HR 3970 ( Kirk, R-IL), to protect the doctor-patient relationship, improve the quality of health care services, lower the costs of health care services, and expand access to health care services; to Energy and Commerce. H12140, CR 10/29/09.
HR 3971 ( Flake, R-AZ), to amend the Internal Revenue Code of 1986 to expand the permissible use of health savings accounts to include health insurance payments and to increase the dollar limitation for contributions to health savings accounts; to Ways and Means. H12140, CR 10/29/09.
On 10/30/09, the Office of the Secretary, Department of Health and Human Services, announced the adoption of an interim final rule to conform the enforcement regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA) of 1996 to the effective statutory revisions made pursuant to the Health Information Technology for Economic and Clinical Health (HITECH) Act. The final rule also amends HIPAA’s enforcement regulations, as they relate to the imposition of civil penalties, to incorporate the HITECH Act’s categories of violations, tiered ranges of civil money penalty amounts, and revised limitations on the secretary’s authority to impose civil money penalties for established violations of HIPAA’s Administrative Simplification Rules. This interim final rule becomes effective 11/30/09. FR 56123.
On 10/30/09, the Department of Housing and Urban Development (HUD) announced a request for public comment on a proposed information collection, the Annual Performance Report and Annual Homeless Assessment Report, which examines the performance of individual projects that aim to understand homeless clients and their service needs at the local level, determines project compliance with funding requirements, and reports overall program performance and outcomes to HUD staff and other federal agencies, Congress, and the Office of Management and Budget. Comments are due 11/30/09. FR 56204.
Indian Law
On 10/30/09, the Bureau of Indian Affairs (BIA), Department of the Interior, announced a request for public comment on a proposed information collection, the Payment for Appointed Counsel in Involuntary Indian Child Custody Proceedings in State Courts, which allows BIA to receive written requests by state courts that appoint counsel for an indigent Indian parent or Indian custodian in an involuntary Indian child custody proceeding when appointment of counsel is not authorized by state law. Comments are due 12/29/09. FR 56208.
International Law
Bills Introduced
S Res 328 ( Kerry, D-MA), commemorating the 20 th anniversary of the fall of the Berlin Wall, the end of the division of Europe, and the beginning of the peaceful and democratic reunification of Germany; to Foreign Relations. S10924, CR 10/29/09.
Committee Action
The Senate Committee on Banking, Housing, and Urban Affairs approved an original bill entitled “The Comprehensive Iran Sanctions, Accountability and Divestment Act of 2009.”
Military Law
Bills Introduced
HR 3976 ( Perriello, D-VA), to extend certain expiring provisions providing enhanced protections for servicemembers relating to mortgages and mortgage foreclosure; to Veterans’ Affairs. H12141, CR 10/29/09.
Public Laws
On 10/29/09, the president signed PL 111-84 (HR 2647), to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense and to prescribe military personnel strengths for fiscal year 2010.
On 10/30/09, the Department of Education announced a request for public comment on a new information collection, the General Provisions Readmission for Servicemembers, which establishes the requirements under which an institution must readmit servicemembers with the same academic status they had at the institution they last attended before being called to uniformed service. Comments are due 11/30/09. FR 56188.
National Security
Bills Introduced
S 2336 ( Sessions, R-AL), to safeguard intelligence collection and enact a fair and responsible reauthorization of the three expiring provisions of the USA PATRIOT Improvements and Reauthorization Act; to Judiciary. S10921, 10/29/09.
HR 3969 ( Reyes, D-TX), to extend and modify certain provisions of the Foreign Intelligence Surveillance Act of 1978 relating to combating terrorism; to Judiciary. H12140, CR 10/29/09.
Substance Abuse
On 10/30/09, the Substance Abuse and Mental Health Services Administration announced a request for public comment on a proposed project, the Pretesting of Substance Abuse Prevention and Treatment and Mental Health Services Communication Message, which will collect information on audience knowledge, attitudes, and behavior to improve materials, messages, communication strategies, and public information programs. Comments are due 12/29/09. FR 56201.
Tort and Insurance Law
On 10/30/09, the Federal Emergency Management Agency (FEMA), Department of Homeland Security, announced a final rule making an address change in FEMA’s National Flood Insurance Program Claims Appeals regulation. This final rule becomes effective 10/30/09. FR 56122.
On 10/30/09, the Department of Labor announced a request for public comment on a submitted information collection, the Hazard Communication Standard, which requires all employers to establish hazard communications programs to transmit information on the hazards of chemicals to their employees by means of container labels, material safety data sheets and training programs. This action will reduce the incidence of chemical-related illness and injury in the workplace. Comments are due 11/29/09. FR 56217.