A Daily Legislative Update Service of the Governmental Affairs Office
daily edition 8.30.2010
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. 162– 167 (August 23, 2010 – August 30, 2010)

Business Law
Civil Rights
Children and Families
Criminal Law

Education
Elder Law
Emergency Preparedness and Response

Environmental Law
Gun Violence
Health Law
Housing and Homelessness

Immigration Law
Indian Law
International Law
Labor and Unemployment Law
National Security
Substance Abuse

Tax Law
Veterans Affairs

Notices  
On 8/26/10, the Commodity Futures Trading Commission announced a request for public submissions on the Wall Street Reform and Consumer Protection Act and the rulemakings that will be proposed by the commission. The Commission will accept submissions on each rulemaking topic until a proposed rulemaking is published. At that time, official comments will be accepted during an official comment period. FR 52512.
 
Presidential Action  
On 8/20/10, the president issued Proclamation 8547, to declare August 22 through August 28, 2010, as Minority Enterprise Development Week, to recognize the many contributions of the nation’s minority enterprises. FR 52211.
 
Notices  
On 8/23/10, the Administration for Children and Families, Department of Health and Human Services (HHS), announced a request for public comment on a proposed information collection, Projects of National Significance—Family Support 360, in order for the Administration on Developmental Disabilities (ADD), HHS, to determine if the program is having the desired impact. Comments are due 10/20/10. FR 51821.
On 8/23/10, the Administration for Children and Families, HHS, announced a request for public comment for an information collection, Mentoring Children of Prisoners Data Collection Process (MCPDCP), to ensure that the federal agency knows if grantees are meeting the targets (number of children being mentored) recorded in the grant application as required by the statute, and that mentoring activities are faithful to characteristics established by research as essential to success. Comments are due 10/20/10. FR 51822.
On 8/24/10, the Administration for Children and Families, HHS, announced a request for public comment on an information collection regarding a new proposed reporting format that will collect information concerning the outcomes and management of Community Economic Development (CED) and Job Opportunities for Low-Income Individuals (JOLI) projects. Comments are due 10/22/10. FR 52007.
On 8/27/10, the Administration for Children and Families, HHS, announced a request for public comment on a new information collection, the Temporary Assistance for Needy Families (TANF) Emergency Fund Subsidized Employment Report, For OFA-200, to evaluate the effectiveness of the TANF emergency fund, which provides resources to states, territories, and tribes to support work and families during this difficult economic period. FR 52753.
 
Notices  
On 8/24/10, the Criminal Justice Information Services, Federal Bureau of Investigation (FBI), Department of Justice (DOJ), announced a request for public comment on a currently approved information collection, the Hate Crime Incident Report and Quarterly Hate Crime Report, for the purpose of collecting information on hate crime incidents committed throughout the United States. Comments are due 9/23/10. FR 52027.
On 8/24/10, the FBI, Critical Incident Response Group, announced a request for public comment on a currently approved information collection, the ViCAP Case Submission Form, which serves as the national repository for violent crimes. Comments are due 9/23/10. FR 52027.
On 8/24/10, the Bureau of Justice Statistics (BJS), DOJ, announced a request for public comment for a reinstatement, with change, of a previously approved information collection for which approval has expired, the Survey of State Criminal History Information Systems, to estimate the percentage of total state records that are immediately available through the FBI’s Interstate Identification index and the percentage of records that are complete and fingerprint-supported. Comments are due 10/25/10. FR 52029.
On 8/26/10, the National Institute of Corrections, DOJ, announced that it is seeking applications for the development of a competency-based, blended modality training curriculum that will provide corrections supervisors and managers with the knowledge, skills, and abilities needed to model, coach, implement, and oversee an evidence-based risk reduction approach in correctional settings. Applications are due 9/3/10. FR 52552.
 
Notices  
On 8/25/10, the Office of Innovation and Improvement, Department of Education, announced, effective immediately, a final waiver and extension of projects funded under the Presidential Academies for American History and Civics Education, as it applies to the project funded under the congressional Academies for Students of American History and Civics Education program, to extend the project period for 24 months through fiscal year 2012. FR 52318.
 
Notices  
On 8/25/10, the Equal Employment Opportunity Commission (EEOC) announced a request for public comment on an extension of an existing information collection, Informational requirements under Title II of the Older Workers Benefit Protection Act of 1990, in which the EEOC seeks an extension without change for the third-party disclosure requirements contained in the regulation. Comments are due 9/24/10. FR 52342.
On 8/30/10, the Administration on Aging, HHS, announced a request for grant proposals under the Older Americans Act (OAA), for funding to provide nutritional and supportive services to Indian elders and Alaskan Natives, in order to increase home and community-based services to older Indians, Alaskan Natives and Native Hawaiians, that respond to local needs and are consistent with evidence-based practices. Applications are due 11/30/10. FR 52956.
 
 
Notices  
On 8/27/10, the Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS), announced a request for public comment on a currently approved information collection, the Federal Assistance Form—How to Process Mission Assignments in Federal Disaster Operations. Comments are due 10/26/10. FR 52770.
On 8/27/10, the Office of Infrastructure Protection, DHS, announced a request for public comment on a currently approved information collection, the Chemical Security Awareness Training Program, to provide security in the chemical industry sector. Comments are due 10/26/10. FR 52768.
On 8/27/10, the DHS Privacy and Integrity Advisory Committee, DHS, announced a 9/28/10 meeting in Washington, DC, to receive updates on the activities of the DHS Privacy Office, and to hear and discuss presentations on building accountability in the DHS privacy compliance assessment process, privacy training in DHS, and on Customs and Border Protection implementation of DHS privacy. FR 52769.
On 8/30/10, FEMA announced a rule concerning final determinations of Base Flood Elevations (BFEs) and modified BFEs, which are the basis for the floodplain management measures that each community is required either to adopt of to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). FR 52868.
 
 
Notices  
On 8/27/10, the Environmental Protection Agency (EPA) announced an extension of the public comment on the supplemental proposal that proposed confidentiality determinations for certain data elements contained in proposed revisions to the Mandatory Greenhouse Gas Reporting Rule. Comments are due 9/7/10. FR 52691.
 
Notices  
On 8/24/10, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of Justice (DOJ), announced a request for public comment for three extensions of currently approved information collections: Application for Federal Firearms License (Collector of Curios and Relics); Notice of Firearms Manufactured or Imported (ATF 2 form); and Records of Acquisition and Disposition, Collectors of Firearms. Comments are due 9/23/10. FR 52025, FR 52028 and FR 52029.
On 8/24/10, the Bureau of Justice Statistics (BJS), DOJ, announced a request for public comment for a reinstatement with change of a previously approved information collection, Firearms Inquiry Statistics Program. Comments are due 10/25/10. FR 52026.
 
Notices  
On 8/23/10, the Agency for Healthcare Research and Quality (AHRQ), HHS, announced a solicitation for submission of instruments or items that measure how well health plans and health providers address health plan enrollees’ health literacy needs and how well they communicate with health plan enrollees, with the goal of creating a survey to gain patients’ perspective on how well health and health plan information is communicated to them by healthcare professionals and health plans. Instruments and supporting information are due 10/22/10. FR 51831.
On 8/25/10, the ONC, HHS, announced a request for public comment on a proposed project, Evaluation of the IT Professionals in Health Care, to determine whether the Workforce Program overall was successful in helping to build a skilled workforce equipped to meet the heightened demands of the current environment. Comments are due 10/22/10. FR 52345.  
On 8/26/10, HHS announced the temporary increased Federal Medical Assistance Percentage (FMAP) rate for the third quarter of fiscal year 2010, to provide fiscal relief to states and to protect and maintain state Medicaid and certain other assistance programs, as outlined under Section 5001 of the American Recovery and Reinvestment Act (ARRA), in a period of economic downturn. FR 52530.
On 8/26/10, the Presidential Commission for the Study of Bioethical Issues, Office of Public Health and Science, HHS, announced a 9/13/10 and 9/14/10 meeting in Philadelphia, PA, to discuss the emerging science of synthetic biology, including its potential benefits and risks, and appropriate ethical boundaries and principles. FR 52533.
On 8/27/10, the Centers for Medicaid and Medicare Services (CMS), HHS, announced a 9/20/10 meeting in Baltimore, MD, with comment period, to receive comments regarding implementation of Section 10332 of the Patient Protection and Affordable Care Act, which amended Section 1874 of the Social Security Act: Availability of Medicare Data for Performance Measurement. Comments are due 9/27/10. FR 52760.
On 8/30/10, HHS announced a request for public comment on a proposed information collection, State Medicaid Fraud Control Units’ Reports—OMB No. 0990-0162—Extension-Office of the Inspector General, to assess the units’ eligibility for continued participation in the Federal Medicaid Fraud Control grant program. Comments are due 10/27/10. FR 52947.
On 8/30/10, the Secretary’s Advisory Committee on Genetics, Health, and Society (SACGHS), HHS, announced an 10/5/10 and 10/6/10 meeting in Bethesda, MD, to review the revised draft report on genetics education and training, discussion of the final draft recommendations, and for other purposes. FR 52949.
Notices
On 8/25/10, the Rural Housing Services, Department of Agriculture (USDA), announced a correction to a document published in the Federal Register 4/14/10 announcing the funding available for the Rural Development Voucher Program, to clarify the documentation required for proof of citizenship and to correct the medium income hyperlink. FR 52303.
On 8/26/10, the Office of the Assistant Secretary for Community Planning and Development, Department of Housing and Urban Development (HUD), announced a request for public comment on a proposed information collection regarding the reporting form provided by HUD to be used by grantees for the purpose of complying with the American Recovery and Reinvestment Act statutory requirement that those receiving funding for projects must report on the status of their projects with respect to compliance with the National Environmental Policy Act requirements and documentation. Comments are due 10/25/10. FR 52544.
On 8/26/10, the Office of the Chief Information Officer, HUD, announced a request for public comment on a proposed information collection supporting the Choice Neighborhoods Notice of Funding Availability, a program that aims to transform neighborhoods of poverty into viable mixed-income neighborhoods with access to economic opportunities. Comments are due 9/2/10. FR 52544.
On 8/26/10, the Office of Assistant Secretary for Community Planning and Development, HUD, announced a request for public comment on a proposed information collection, the State Community Development Block Grant (CDBG) Program, specifically concerning a re-designed form by which the grantees of the program can report their compliance with the Housing and Community Development Act of 1974. Comments are due 10/25/10. FR 52545.
On 8/26/10, the Rural Housing Service, USDA, announced a rule effective 9/24/10 amending USDA regulations to add new servicing options to the Single Family Housing Guaranteed Loan Program (SFHGLP) that lenders may utilize while still maintaining the SFHGLP loan guarantee. FR 52429.
On 8/27/10, HUD announced a request for public comment on HUD’s determination of the point in time at which an assisted project covered by the Multifamily and Assisted Housing Reform and Affordability Act is eligible for restructuring, and a proposed rule to amend HUD’s regulation providing a cross-reference to the statutory list of the types of projects that are eligible for mortgage restructuring, to incorporate that list into the regulation. Comments are due 10/26/10. FR 52689.
On 8/27/10, HUD announced it is revising the recapture policy of the October 6, 2008, Neighborhood Stabilization Program (NSP1) Notice, as amended, in a manner that affects the consequences of failing to meet the 19-month deadline for using NSP1 funds. The purpose of the NSP1 program, under the Housing and Economic Recovery Act of 2008, is to assist in the redevelopment of abandoned and foreclosed homes. FR 52772.
On 8/30/10, the Federal Housing Finance Agency (FHFA) gave notice of a proposed Privacy Act system of records, the “Fraud Reporting System” to maintain information of fraud or possible fraud involving the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Home Loan Banks, so that FHFA can carry out its authority to require regulated entities to report fraud or possible fraud upon discovery. FR 52944.
 
 
Notices  
On 8/23/10, the Department of Homeland Security (DHS) issued a final rule effective immediately to amend its regulations to exempt portions of a DHS/U.S. Citizenship and Immigration system of records entitled the “Untied States Citizenship and Immigration Services—009 Compliance Tracking and Management System of Records” from certain provisions of the Privacy Act, specifically, because of criminal, civil, and administrative enforcement requirements. FR 51619.
 
Notices  
On 8/27/10, the Office of the Chief of the Human Capital Officer, HUD, announced the availability on its website of the application information for the fiscal year 2010 Indian Community Development Block Grant (ICDBG) Program for Indian tribes and Alaska native villages, to develop viable Indian and Alaska Native communities, including the creation of decent housing, suitable living environments, and economic opportunities primarily for persons with low and moderate incomes. FR 52771.
 
Notices  
On 8/23/10, Office of the United States Trade Representative (USTR) announced a request for public comment on issues that will be raised during a consultation between the USTR and the government of Guatemala to discuss Guatemala’s apparent failure to meet its obligation to effectively enforce its labor laws under Article 16.2.1(a) of the Labor Chapter of the Dominican Republic-Central America-United States Free Trade Agreement. Comments are due 9/22/10. FR 51869.
On 8/26/10, the Office of Academic Exchange Programs of the Bureau of Educational and Cultural Affairs, Department of State, announced an open competition for the administration of the fiscal year 2011 Global Undergraduate Exchange Program in Eurasia and Central Asia (UGRAD). Public and private non-profit organizations meeting the provisions described in IRS regulation 26 CFR 1/501(c)(3) may submit proposals to administer the selection, placement, monitoring, and alumni activities of UGRAD. Applications are due 10/1/10. FR 52582.
On 8/27/10, the Department of State announced an amendment effective immediately to the International Traffic in Arms Regulations (ITAR) to clarify an exemption for technical data, stating the exemption covers technical data, regardless of media or format, sent or taken by a U.S. person who is an employee of a U.S. corporation or a U.S. Government agency to a U.S. person employed by a U.S. corporation or to a U.S. government agency outside of the United States. FR 52625.
On 8/30/10, the International Trade Commission announced it has issued a revised Users’ Manual for its program for the mediation of investigations under Section 337 of the Tariff Act of 1930. FR 52976.
 
Presidential Action  
On 8/18/10 the president issued Executive Order 13550, to establish within the Department of State a temporary organization to be known as the Pakistan and Afghanistan Support Office, to perform the specific project of supporting executive departments and agencies in strengthening the governments in Afghanistan and Pakistan, enhancing the capacity of these governments to resist extremists, and maintaining an effective U.S. diplomatic presence in both countries. FR 51615.
 
Notices  
On 8/25/10, the National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention (CDC), HHS, announced a request for public comment on a draft Current Intelligence Bulletin entitled “A Review of Information Published Since 1995 on Coal Mine Dust Exposures and Associated Health Outcomes.” Comments are due 9/24/10. FR 52355.
On 8/25/10, the CDC and Agency for Toxic Substances and Disease Registry (ATSDR), HHS, announced a request for public comment on the draft National Conversation work group reports, available on or about 9/7/10. Comments are due 9/20/10. FR 52355.
On 8/26/10, the Internal Revenue Service (IRS), Department of the Treasury; Employee Benefits Security Administration, Department of Labor (DOL); and Office of Consumer Information and Insurance Oversight, HHS, announced the availability of guidance detailing interim procedures for the federal external review process and model notices both for internal claims and appeals and for external review processes under the Patient Protection and Affordable Care Act. FR 52597.
On 8/26/10, DOL announced a request for pubic comment on an extension of a previously approved information collection, Motor Vehicle Safety for Transportation of Migrant and Seasonal Agricultural Workers, to ensure that all Farm Labor Contractors, Agricultural Employers and Agricultural Associations used vehicles to transport migrant and seasonal agricultural workers conform to safety and health standards prescribed by the Secretary of Labor, addressing the vehicle, driver, and insurance. FR 52554.
On 8/27/10, the Employment and Training Administration, DOL, announced a proposed rulemaking with request for public comment, on the YouthBuild Transfer Act of 2006, which establishes the YouthBuild program in DOL. The proposed rule would set standards under which YouthBuild program providers would carry out the goals of the program, which are to assist at-risk youth in obtaining a high school diploma or GED and acquiring occupational skills that leads to employment. Comments are due 10/26/10. FR 52671.
On 8/30/10, the Employee Benefits Security Administration, DOL, announced a proposed rule that, if adopted, would supersede the existing procedures governing the filing and processing of applications for administrative exemptions from the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code of 1986 (the Code), and the Federal Employees’ Retirement System Act of 1986 (FERSA). Comments are due 10/14/10. FR 53172.  
On 8/30/10, the National Advisory Committee on Occupational Safety and Health, Occupational Safety and Health Administration (OSHA), DOL, announced a 9/14/10 and 9/15/10 meeting in Washington, DC, to hear updates on OSHA Initiatives, Gulf Oil Spill activities, and for other purposes. FR 52988.
 
Presidential Action  
On 8/18/10, the president issued Executive Order 13549, to establish a Classified National Security Information Program designed to safeguard and govern access to classified national security information shared by the federal government with state, local, tribal, and private sector entities. FR 51609.
 
Notices  
On 8/26/10, the Advisory Committee for Women’s Services (ACWS), Substance Abuse and Mental Health Services Administration (SAMHSA), HHS, announced a 9/11/10 and 9/12/10 meeting in San Diego, CA, to discuss strategic initiatives. FR 52537.
 
Notices  
On 8/23/10, the Department of the Treasury announced an 10/8/10 hearing and request for public comment concerning proposed regulations that would modify the general standards of practice before the Internal Revenue Service (IRS) and the standards with respect to tax returns, affecting individuals who practice before the IRS and providers of continuing education programs. Comments are due 9/27/10. FR 51713.
 
Notices  
On 8/24/10, the Veterans Benefits Administration, Department of Veterans Affairs (VA), announced a request for public comment for a proposed information collection, the Application for Supplemental Services Disabled Veterans Insurance (SRH), VA Form 29—0188 and 29—0189, and Application for Supplemental Service Disabled Veterans (RH) Life Insurance, VA Form 29—0190. Comments are due 10/25/10. FR 52066.
On 8/27/10, the VA announced a final rule effective immediately to make technical amendments to the VA regulation concerning enrollment and disenrollment from the VA medical care system, removing the “automatic enrollment” provision relevant to a 1998 trial enrollment program that has been discontinued, to update the address for documents mailed to the VA Health Eligibility Center, and to provide an internet address for accessing VA Form 10—10EZ online. FR 52627.
 
 

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