A Daily Legislative Update Service of the Governmental Affairs Office
daily edition 6.24.2010
The House and Senate are in session today.
Congressional Record, Vol. 156, Nos. 93-95 (June 21-23, 2010)
CQ Today, Vol. 46, Nos. 89-91 (June 22-24, 2010)
Federal Register, Vol. 75, Nos. 118-120 (June 22-24, 2010)
Committee Action
On 6/23/10, House and Senate conferees met to consider HR 4173, to provide for financial regulatory reform, to protect consumers and investors, to enhance federal understanding of insurance issues, and to regulate the over-the-counter derivatives markets. The conferees will meet again 6/24/10.
Floor Action
On 6/21/10, the Senate passed S Res 560, recognizing the immeasurable contributions of fathers in the healthy development of children, supporting responsible fatherhood, and encouraging greater involvement of fathers in the lives of their families.
Notices
On 6/22/10, the Administration for Children and Families (ACF), Department of Health and Human Services (HHS), announced a funding opportunity for the Family and Youth Services Bureau’s (FYSB) Basic Center Program, which provides an alternative for runaway and homeless youth who might otherwise end up with law enforcement or in the child welfare, mental health, or juvenile justice systems. More information on this funding opportunity is available at http://www.acf.hhs.gov/grants/index.html. FR 35460.
On 6/22/10, ACF, HHS, announced a request for applications for the FYSB Street Outreach Program, which conducts outreach services designed to build relationships between grantee staff and runaway, homeless and street youth. More information on this funding opportunity can be found at http://www.acf.hhs.gov/grants/index.html. FR 35478.
Bills Introduced
S 3518 ( Leahy, D-VT), to amend Title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments in U.S. courts where those judgments undermine the First Amendment to the Constitution of the United States, and to provide a cause of action for declaratory judgment relief against a party who has brought a successful foreign defamation action whose judgment undermines the First Amendment; to Judiciary. S5268, CR 6/22/10.
H Res 1471 ( Gingrey, R-GA), expressing support for the private property rights protections guaranteed by the 5 th Amendment to the Constitution on the fifth anniversary of the Supreme Court’s decision of Kelo v. City of New London; to Judiciary. H4779, CR 6/23/10.
Bills Introduced
HR 5571 ( Owens, D-NY), to amend Chapter 2 of Title 1 of the United States Code to establish the style for amending laws; to Judiciary. H4677, CR 6/22/10.
Nominations
On 6/21/10, the Senate confirmed, by a unanimous vote of 89 yeas, the nominations of Mark A. Goldsmith, of Michigan, to be United States District Judge for the Eastern District of Michigan; and Marc T. Treadwell, of Georgia, to be United States District Judge for the Middle District of Georgia; and by voice vote, the nomination of Josephine Staton Tucker, of California, to be United States District Judge for the Central District of California.
On 6/22/10, the Senate confirmed the nominations of John J. Laub, of the District of Columbia, to be Director of the National Institute of Justice; James P. Lynch, of the District of Columbia, to be Director of the Bureau of Justice Statistics; Daniel J. Becker, of Utah, James R. Hannah, of Arkansas, Gayle A. Nachtigal, of Oregon, John B. Nalbandian, of Kentucky, Marsha J. Rabiteau, of Connecticut, and Hernan D. Vera, of California, all to be Members of the Board of Directors of the State Justice Institute for a term expiring 9/17/10.
On 6/24/10, the ABA Standing Committee on the Federal Judiciary released its rating of “Well Qualified” for Elena Kagan, of Connecticut, to be Associate Judge of the United States Supreme Court. The Senate Judiciary Committee will begin confirmation hearings on the nomination on 6/28/10, 12:30 pm, 216 Hart.
Bills Introduced
HR 5575 ( Maloney, D-NY), to establish a grant program to benefit domestic minor victims of sex trafficking; to Judiciary. H4778, CR 6/23/10.
Committee Action
On 6/23/10, the House Judiciary Committee approved HR 5566, the Prevention of Interstate Commerce in Crush Videos Act of 2010.
Notices
On 6/22/10, the Social Security Administration announced a request for public comment on several submitted information collections, including the Disability Report Appeal, which allows claimants appealing an unfavorable disability determination to disclose any changes to their disability or resources that might influence SSA’s determination. Comments are due 7/22/10. FR 35512.
On 6/24/10, the Department of Education announced a final priority entitled the “Rehabilitation Research and Training Center’s Improved Outcomes for Individuals with Serious Mental Illness and Co-Occurring Conditions Priority.” The Department also announced the solicitation of applications for new awards for fiscal year 2010 for this priority, which will use advanced research, training, technical assistance, and dissemination activities in general problem areas to benefit rehabilitation service providers, individuals with disabilities, and the family members or other authorized representatives of individuals with disabilities. The priority becomes effective 7/26/10. Applications are due 8/23/10. FR 36237 - FR 36239.
Committee Action
On 6/23/10, the House Rules Committee granted, by a non-record vote, a structured rule providing for consideration of HR 5175, the Democracy is Strengthened by Casting Light on Spending in Elections Act.
Notices
On 6/23/10, the Election Assistance Commission announced a 7/8/10 - 7/9/10 meeting in Gaithersburg, MD, of the Technical Guidelines Development Committee to discuss the development of voluntary voting system guidelines. FR 35776.
On 6/24/10, the Election Assistance Commission announced a 6/28/10 meeting in Chicago, IL, to consider and vote on a maintenance of expenditure policy and on the publication of proposed draft National Voter Registration Act regulations for public comment, and for other matters. FR 36066.
Committee Action
On 6/23/10, the House Homeland Security Committee approved HR 5105, to establish a chief veterinary officer in the Department of Homeland Security
Floor Action
On 6/23/10, the House passed, by a 419-0 vote, H Res 1388, to support the goals and ideals of National Hurricane Preparedness Week.
Committee Action
On 6/23/10, the House Judiciary Committee approved H Res 1455, directing the attorney general to transmit to the House of Representatives copies of certain communications relating to certain recommendations regarding administration appointments.
Bills Introduced
HR 5570 ( Upton, R-MI), to provide that no funds are authorized to be appropriated to the Internal Revenue Service to expand its workforce in order to implement, enforce, or otherwise carry out either the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010; to Ways and Means. H4677, CR 6/22/10.
HJ Res 93 ( Chaffetz, R-UT), disapproving of the action of the District of Columbia Council in approving the Legalization of Marijuana for Medical Treatment Amendment Act of 2010; to Oversight and Government Reform. H4779, CR 6/23/10.
Notices
On 6/23/10, HHS announced the establishment of the Consumer Operated and Oriented Plans Program, which will foster the creation of qualified nonprofit health insurance issuers to offer qualified health plans in the individual and small group markets. FR 35816.
On 6/24/10, HHS announced a final rule establishing a temporary certification program for the purposes of testing and certifying health information technology. The national coordinator will utilize the temporary certification program to authorize organizations to test and certify Complete Electronic Health Records (EHRs) and HER Modules, thereby making certified EHR technology available prior to the date on which health care providers seeking incentive payments available under the Medicare and Medicaid EHR Incentive Programs may begin demonstrating meaningful use of certified EHR technology. These regulations become effective 6/24/10. FR 36157.
Notices
On 6/23/10, the Centers for Disease Control and Prevention, HHS, announced a request for public comment on a proposed revision to a currently approved project, the HIV Prevention Program Evaluation and Monitoring System of Health Departments and Community-Based Organizations, which collects standardized HIV prevention program monitoring and evaluation data from health department and community-based organization grantees. Comments are due 7/23/10. FR 35817.
On 6/23/10, the Substance Abuse and Mental Health Services Administration (SAMHSA), HHS, announced a request for public comment on a proposed extension of a currently approved project entitled “Participant Feedback on Training Under the Cooperative Agreement for Mental Health Care Provider Education in HIV/AIDS Program.” The education programs funded under this cooperative agreement are designed to disseminate knowledge of the psychological effects of HIV/AIDS to both traditional and non-traditional first-line providers of mental health services, in particular to providers in minority communities. Comments are due 8/23/10. FR 35819.
On 6/23/10, SAMHSA, HHS, announced a request for public comment on a proposed project, the Targeted Capacity Expansion Program for Substance Abuse Treatment and HIV/AIDS Services, which will study the risk and protective factors related to substance use and HIV so as to conceptualize, plan, and implement a multi-site valuation to investigate the process, outcome, and effect of substance abuse treatment and HIV/AIDS services provided by 48 SAMHSA grantees. Comments are due 7/23/10. FR 35818.
Notices
On 6/24/10, the Department of Housing and Urban Development (HUD) announced an 8/17/10-8/19/10 meeting in St. Paul, MN, to discuss and negotiate a proposed rule that would change the regulations for the Indian Housing Block Grant Program and the Title VI Loan Guarantee Program. FR 36022.
On 6/24/10, HUD announced the availability of funding and requests proposals for HUD’s Community Challenge Planning Grants in conjunction with a portion of the Department of Transportation’s (DOT) National Infrastructure Investments Grants that can be used for transportation planning grants. HUD’s funding is designed to target housing, economic development, and land use planning strategies that will increase the efficiency and effectiveness of a related transportation project through DOT. Applications are due 7/30/10. FR 36245.
Bills Introduced
S 3522 ( Franken, D-MN), to protect children affected by immigration enforcement actions; to Judiciary. S5268, CR 6/22/10.
Hearings
On 6/17/10, the Immigration, Citizenship, Refugees, Border Security, and International Law Subcommittee, House Judiciary Committee, held a hearing on the Executive Office for Immigration Review. ABA Commission on Immigration Chair Karen T. Grisez testified before the subcommittee on behalf of the ABA.
Notices
On 6/23/10, U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS), announced a request for public comment on a submitted information collection, the Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, which is completed by nonimmigrants temporarily residing in the United States to request a replacement of their arrival evidence document. Comments are due 7/23/10. FR 35823.
On 6/23/10, USCIS, DHS, announced a request for public comment on a proposed extension of a currently approved information collection, the Application to Adjust Status From Temporary to Permanent Resident, which is used by USCIS to determine eligibility to adjust an applicant’s residence status. Comments are due 8/23/10. FR 35825.
On 6/23/10, USCIS, DHS, announced a request for public comment on two submitted information collections, the Petition to Classify Orphan as an Immediate Relative, which is used by USCIS to determine whether an alien is an eligible orphan, and the Application for Advance Processing of Orphan Petition, which USCIS uses to streamline the procedure for advance processing of orphan petitions. Comments are due 8/23/10. FR 35824.
Notices
On 6/24/10, the United States Patent and Trademark Office (USPTO), Department of Commerce, announced a request for public comment on an interim final rule that would harmonize the rules of practice in trademark cases and the Trademark Technical and Conforming Amendment Act of 2010 for submitting trademark registration maintenance filings to the USPTO by permitting holders of international registrations with an extension of protection to the United States under the Madrid Protocol to file Affidavits or Declarations of Use or Excusable Nonuse at intervals identical to those for nationally issued registrations. Comments are due 8/23/10. This final rule becomes effective 6/24/10. FR 35973.
On 6/24/10, USPTO, Department of Commerce, announced a 7/14/10 symposium in Alexandria, VA, to address counterfeiting through regulatory procedures, criminal procedures and training and public awareness. FR 36062.
Bills Introduced
SJ Res 34 ( Kerry, D-MA), relating to the approval of the proposed agreement for nuclear cooperation between the United States and the Russian Federation; to Foreign Relations. S5202, CR 6/21/10.
HJ Res 91 ( Berman, D-CA), providing for the approval of Congress of the proposed agreement for cooperation between the United States and the Russian Federation pursuant to the Atomic Energy Act of 1954; to Foreign Affairs. H4638, CR 6/21/10.
HJ Res 92 ( Ros-Lehtinen, R-FL), providing for the disapproval of Congress of the proposed amendment for cooperation between the United States and the Russian Federation pursuant to the Atomic Energy Act of 1954; to Foreign Affairs. H4638, CR 6/21/10.
H Res 1457 ( Costa, D-CA), expressing the sense of the House of Representatives on the one-year anniversary of the government of Iran’s fraudulent manipulation of Iranian elections, the government of Iran’s continued denial of human rights and democracy to the people of Iran, and the government of Iran’s continued pursuit of a nuclear weapons capability; to Foreign Affairs. H4677, CR 6/22/10.
S Res 564 ( Webb, D-VA), recognizing the 50 th anniversary of the ratification of the Treaty of Mutual Security and Cooperation with Japan, and affirming support for the United States-Japan security alliance and relationship; to Foreign Relations. S5319, CR 6/23/10.
HR 5589 ( Watson, D-CA), to amend the Foreign Affairs Reform and Restructuring Act of 1998 to reauthorize the U.S. Advisory Commission on Public Diplomacy; to Foreign Affairs. H4779, CR 6/23/10.
Floor Action
On 6/23/10, the House passed H Res 1465, to reaffirm the longstanding friendship and alliance between the United States and Colombia.
Presidential Action
On 6/18/10, the president issued a proclamation declaring 6/20/10 “World Refugee Day,” and calling upon all people of the United States to observe the day with appropriate programs, ceremonies, and activities. FR 35951.
Notices
On 6/23/10, the Legal Services Corporation (LSC) announced a 6/25/10 closed meeting via teleconference of the Board of Directors’ Search Committee for LSC President to consider and act on proposals submitted by and evaluate the qualifications of executive search firms that submitted proposals to assist in recruitment of a new president. FR 35844.
Bills Introduced  
HR 5562 ( Richardson, D-CA), to amend the Homeland Security Act of 2002 to prohibit requiring the use of a specified percentage of a grant under the Urban Area Security Initiative and State Homeland Security Grant Program for specific purposes; to Homeland Security. H4638, CR 6/21/10.
HR 5563 ( Titus, D-NV), to amend the Homeland Security Act of 2002 to require annual risk assessments for purposes of the State Homeland Security Grant Program, and to require that risk assessments conducted for purposes of the Urban Area Security Initiative be conducted jointly with appropriate eligible metropolitan area officials; to Homeland Security. H4638, CR 6/21/10.  
Hearings
The Senate Homeland Security and Governmental Affairs Committee will hold a hearing titled “Nuclear Terrorism: Strengthening Our Domestic Defenses, Part I.” 6/30/10, 10 am, 342 Dirksen.  
Committee Action  
The Homeland Security Subcommittee, House Appropriations Committee, will mark up draft legislation HR --, the Fiscal 2011 Homeland Security Appropriations Bill. 6/25/10, 1:15 pm, B-308 Rayburn.
On 6/23/10, the House Homeland Security Committee approved HR 5498, the WMD Prevention and Preparedness Act of 2010; and HR 5562, the Homeland Security Grant Management Improvement Act.
Floor Action
On 6/23/10, the Senate passed S 1508, to amend the Improper Payments Information Act of 2002 in order to prevent the loss of billions in taxpayer dollars.  
Bills Introduced  
S 3514 ( Begich, D-AK), to amend the Outer Continental Shelf Lands Act to prohibit a person from entering into any federal oil or gas lease or contract unless the person pays into an Oil Spill Recovery Fund, or posts a bond, inan amount equal to the total of the outstanding liability of the person and any removal costs incurred by, or on behalf of, the person with respect to any oil discharge for which the person has outstanding liability; to Environment and Public Works. S5201, CR 6/21/10.
HR 5572 ( Buchanan, R-FL), to reform the Minerals Management Service and offshore drilling for oil and gas, to repeal the limitation of liability of a responsible party for discharge of oil from an offshore facility; to Natural Resources. H4677, CR 6/22/10.
HR 5573 ( Carney, D-PA), to require the inspector general of the Department of Homeland Security to biennially review and evaluate the grants management and oversight practices of the Federal Emergency Management Agency; to Homeland Security. H4677, CR 6/22/10.
HR 5576 ( Reichert, R-WA), to provide construction, architectural, and engineering entities with qualified immunity from liability for negligence when providing services or equipment on a volunteer basis in response to a declared emergency or disaster; to Judiciary. H4778, CR 6/23/10.
Committee Action  
On 6/23/10, the House Judiciary Committee approved HR 5503, the Security Protections for the Injured from Limitations on Liability Act.  
Floor Action  
On 6/23/10, the House passed HR 5569, to extend the National Flood Insurance Program through 9/30/10.
On 6/23/10, the House passed, by a 420-1-2 vote, HR 5481, to give subpoena power to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.
Notices  
On 6/23/10, the Federal Emergency Management Agency (FEMA), DHS, announced an interim final rule listing communities where modification of the base flood elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. FR 3567035682.
On 6/23/10, FEMA, DHS, announced a final rule identifying communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program, that are scheduled for suspension on the effective dates listed within the rule because of noncompliance with the floodplain management requirements of the program. FR 35666.  
Bills Introduced  
S 3517 ( Akaka, D-HI), to amend Title 38, United States Code, to improve the processing of claims for disability compensation filed with the Department of Veterans Affairs; to Veterans’ Affairs. S5268, CR 6/22/10.
Committee Action  
The Economic Opportunity Subcommittee, House Veterans Affairs Committee, will mark up several bills, including HR 4469, to amend the Servicemembers Civil Relief Act to provide for protection of child custody arrangements for parents who are members of the armed forces deployed in support of a contingency operation; and HR 4664, to amend the Servicemembers Civil Relief Act to provide for a one-year moratorium on the sale or foreclosure of property owned by surviving spouses of servicemembers killed in Operation Iraqi Freedom or Operation Enduring Freedom. 6/24/10, 1 pm, 334 Cannon.
Floor Action  
On 6/23/10, the Senate passed S Res 541, designating 6/27/10 as “National Post-Traumatic Stress Disorder Awareness Day.”
Notices  
On 6/22/10, the Department of Veterans Affairs (VA) announced the publication of a summary of legal interpretations issued by the Office of General Counsel involving veterans’ benefits under laws administered by VA. These interpretations will be followed by VA officials and employees in future claim matters involving the same legal issues. FR 35517.
On 6/24/10, the Veterans Benefits Administration, VA, announced a request for public comment on a proposed information collection which is used to request employment information from an employer in connection with a claim for disability benefits. VA uses the information to establish the insured’s eligibility for disability insurance benefits. Comments are due 8/23/10. FR 36154.

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