A Daily Legislative Update Service of the Governmental Affairs Office
daily edition 8.20.2010
The House and Senate are not in session today. The House will return 9/14/10, and the Senate will return 9/13/10.

Federal Register, Vol. 75, Nos. 157 – 161 (August 16, 2010 – August 20, 2010)

Business Law
Civil Rights
Courts/ Judiciary
Criminal Law
Disability Law
Environmental Law
Health Law

Housing and Homelessness
Immigration Law
Indian Law

Intellectual Property Law
International Law

Labor and Unemployment Law
Legal Services Corporation (LSC)
National Security
Substance Abuse
Tort and Insurance Law

On 8/16/10, the Department of Treasury announced a request for public comment for an extension without change of a currently approved information collection, Troubled Asset Relief Program—Community Development Capitol Initiative (CDIC), to request participation in the CDIC, under which the Department of Treasury may purchase qualifying assets from U.S. banking organizations that are certified Community Development Financial Institutions. Comments are due 9/15/10. FR 50039.
On 8/19/10, the Commission on Civil Rights announced an 9/27/10 meeting via teleconference to discuss the New Black Panther Party Enforcement Project, the Sex Discrimination in Liberal Arts College Admissions Project, the timeline for a briefing report on English-only in the work place, and other topics. FR 51238.
On 8/05/10, the Senate returned the following nominations to the White House: Robert Neil Chatigny , of Connecticut, to be United States Circuit Judge for the 2nd Circuit; Goodwin Liu , of California, to be United States Circuit Judge for the 2nd Circuit; Louis B. Butler Jr., of Wisconsin, to be United States District Judge for the Western District of Wisconsin; Edward Milton Chen, of California, to be United States District Judge for the Northern District of California; and John J. McConnell, of Rhode Island, to be United States District Judge for the District of Rhode Island.
On 9/15/10, the Senate is scheduled to vote on the nomination of Jane Branstetter Stranch, of Tennessee, to be United States Circuit Judge for the 6th Circuit.
On 8/19/10, the Parole Commission, Department of Justice (DOJ), announced a final rule, effective 9/27/10, to implement its authority under the District of Columbia Youth Rehabilitation Act to set aside a conviction for a youth offender, and to clarify the commission’s policy for issuing a set-aside certificate for a youth offender who was formerly on supervised release and who was not reviewed for the set-aside certificate before the offender’s sentence expired. FR 51179.
On 8/19/10, the Social Security Administration (SSA) announced a request for public comment for a proposed rulemaking to revise the criteria in the Listing of Impairments that is used to evaluate claims involving mental disorders in adults and children under Titles II and XVI of the Social Security Act. Comments are due 11/17/10. FR 51336.
On 8/16/10, the Council on Environmental Quality announced an extension of thecomment period on draft guidance, “Federal Greenhouse Gas Accounting and Reporting,” which establishes government-wide requirements for federal agencies in calculating and reporting GHG emissions associated with agency operations. Comments are due 9/01/10. FR 49913.
On 8/16/10, the Environmental Protection Agency (EPA) announced a request for public comment and an 8/26/10 meeting via teleconference to discuss EPA’s charge to the National Environmental Justice Advisory Council (NEJAC) on incorporating environmental justice concerns into permits under federal environmental laws and EPA’s draft plan EJ 2014. NEJAC provides advice to the EPA Administrator on areas including environmental justice, including environment-related strategic, scientific, technological, regulatory, and economic issues related to environmental justice. Comments are due 8/23/10. FR 49930.
On 8/16/10, the Centers for Medicare and Medicaid Services (CMS), Department of Health and Human Services (HHS), announced final rules and an interim final rule effective 10/01/10 with comment period to revise the Medicare hospital inpatient prospective payment systems (IPPS) for acute care hospitals and long-term care hospital prospective payment system changes and FY2011 rates, provider agreements and supplier approvals, and hospital conditions of participation for rehabilitation and respiratory care services. Comments are due 9/28/10. FR 50042.
On 8/18/10, the Health Resources and Services Administration, HHS, announced meetings on 9/15/2010, 9/16/2010, and 9/17/2010, in Amana, Iowa, of the National Advisory Committee on Rural Health and Human Services, to discuss health and human services in rural areas, including, childhood obesity, quality implications of the Affordable Care Act, and child-hood development place-based initiatives. FR 51081.
On 8/16/10, the National Institutes of Health (NIH), HHS, announced a 9/21/2010 – 9/22/2010 meeting in Rockville, MD, of the AIDS Research Advisory Committee (NIAID), to discuss the updated vaccine enterprise strategic plan and NIAID planned activities in support of the plan, and plans for future vaccine clinical research trials and trial designs. FR 49942.
On 8/19/10, the Centers for Disease Control and Prevention (CDC), HHS, announced a request for public comment on proposed data collection projects of the National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention (NCHHSTP): the Gonococcal Isolate Surveillance Project (GISP), to monitor trends of specific STDs in the United States and to characterize resistant isolates; and Behavioral Assessment Component of the Behavioral Assessment and Rapid Testing Project for NCHHSTP, to conduct behavioral assessments and rapid HIV testing at a variety of events serving groups at high risk for acquiring or transmitting HIV infection. Comments are due 10/15/10. FR 51269.
On 8/19/10, the CDC announced its intent to increase funding available under the CDC Funding Opportunity Announcement, “Expanded Human Immunodeficiency Virus (HIV) Testing for Disproportionately Affected Populations,” to make awards to state, county and local public health departments. FR 51273.
On 8/17/10, the Substance Abuse and Mental Health Services Administration (SAMHSA), HHS, announced a request for public comment on a proposed information collection, to evaluate the implementation and outputs of the SOAR Technical Assistance Effort, which aims to provide technical assistance to help states and local communities develop strategies to increase the quality of Supplemental Security Income (SSI) and Social Security Disability Income (SSDI) applications that homeless individuals submit. Comments are due 10/15/10. FR 50764.
On 8/18/10, the U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS), announced a request for public comment on several currently approved information collections concerning immigration issues, including affidavit of support; application for certificate of citizenship; request to enforce affidavit of financial support and intent to petition for custody for Amerasian children; request for hearing on a decision in naturalization proceedings; application for naturalization; and application for preserve residence for naturalization. Comments are due 9/17/10. FR 51093, FR 51094, FR 51095 – FR 51096.
On 8/20/10, the Employment and Training Administration, Department of Labor, announced a request for public comment on a currently approved information collection, Application for Alien Employment Certification. Comments are due 10/19/10. FR 20648.
On 8/20/10, the Department of Education announced a request for public comment on a proposed information collection, Migrant Education Program (MEP) Student Information Exchange and Minimum Data Elements, to extend and add to the set of minimum data elements that are collected and transferred between state MEPs as part of a larger mandated Migrant Student Information Exchange. Comments are due 10/19/10. FR 51149.
On 8/17/10, the Bureau of Indian Affairs (BIE), Department of the Interior, announced meetings on 9/2/2010, 9/3/2010, and 9/4/2010, in Washington, DC, of the Advisory Board for Exceptional Children to meet the mandates of the individuals with Disabilities Education Act of 2004 for Indian children with disabilities. FR 50780.
On August 18, 2010, the Indian Health Service, HHS, announced it is accepting competitive cooperative agreement applications for Project CHOICES Pilot Implementation and Evaluation for American Indian and Alaska Native Women. Applications are due 9/15/10. FR 51083.
On 8/17/10, the United States Patent and Trademark Office (USPTO) announced a streamlined procedure for the review of appeal briefs filed in inter partes reexamination proceeding appeals to increase the efficiency of the appellate process and to reduce the pendency of appeals. FR 50750.
On 8/16/10, the Office of Foreign Assets Control, Department of the Treasury, announced a final rule, effective immediately with comment period, to implement provisions of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Comments are due 10/15/10. FR 49836.
On August 17, 2010, the Department of Homeland Security and the Department of the Treasury announced a final rule, effective 9/16/10, to implement the preferential tariff treatment and other customs-related provisions of the Dominican Republic—Central America—United States Free Trade Agreement. FR 50695.
On 8/16/10, the Department of Labor announced a request for public comment for an information collection, Survey of Occupational Injuries and Illnesses, to produce the overall rate of occurrence of work injuries and illnesses by industry which can be compared to prior years to produce measures of the rate of change and to evaluate the effectiveness of federal and state programs for improving work place safety and to prioritize scarce resources. Comments are due 9/14/10. FR 50005.
On 8/13/10 the president issued a proclamation proclaiming August 14, 2010, as the 75 th anniversary of the Social Security Act (SSA), to recognize the legacy of SSA, as well as the vital safety net it provides to millions of Americans. FR 50843.
On 8/17/10, the Legal Services Corporation (LSC) announced an 8/26/10 open meeting at noon via telephone of the LSC Board of Directors’ Governance & Performance Review Committee. The toll free call-in number is 1-866-451-4881 (pass code: 5907707348.) FR 50782.
On 8/18/10, DHS announced a final rule, effective 8/18/10, to amend its regulations to exempt portions of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the “DHS/ALL-001 Freedom of Information Act and Privacy Act Records System of Records” from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. FR 50846.
On 8/16/10, the National Drug Intelligence Center (NDIC), DOJ, announced a request for public comment on a proposed extension with change of a previously approved information collection, the SENTRY Early Warning and Response system, a critical instrument for NDIC to detect emerging drug abuse and production trends and thereafter notify law enforcement authorities. Comments are due 10/15/10. FR 49946.

On 8/20/10, the Office of Workers’ Compensation Programs, Department of Labor, announced a request for public comment on two proposed extensions of information collections; Operator Response to Schedule for Submission of Additional Evidence and Operator Response to Notice of Claim, concerning the Black Lung Benefits Act, which provides benefits to coal miners totally disabled due to pneumoconiosis, and their surviving dependents; and the Application for Approval of a Representative’s Fee in Black Lung Claim Proceedings Conducted by the U.S. Department of Labor, to determine if the representative’s services and amounts charged can be paid under the Black Lung Act. Comments are due 10/19/10. FR 51487 and FR 51488.