A Daily Legislative Update Service of the Governmental Affairs Office
daily edition 9.10.2010
The Senate and House are not in session today. The Senate will return 9/13/10, and the House will return 9/14/10.

Federal Register, Vol. 75, Nos. 168– 173 (August 31, 2010 – September 8, 2010)

Civil Rights
Children and Families
Courts/ Judiciary
Criminal Law
Disability Law
Elder Law
Environmental Law
Health Law
Housing and Homelessness
Immigration Law
Indian Law
Intellectual Property Law
International Law
Legal Services
Military Law
National Security
Presidential Action  
On 8/26/10, the president issued Proclamation 8548, to declare 8/26/10 as Women’s Equality Day, and to call upon the people of the United States to celebrate the achievements of women and recommit themselves to the goal of true gender equality in this country. FR 53561.
On 9/02/10, the Commission on Civil Rights announced a 9/10/10 meeting via teleconference to discuss a variety of topics including consideration of findings and recommendations for a briefing report on health care disparities, the New Black Panther Party Enforcement Project, and other items. FR 53947.
 
Notices  
On 9/07/10, the Administration for Children and Families, Department of Health and Human Services (HHS), announced a request for public comment on a proposed information collection, Strengthening Communities Fund (SCF) Program Evaluation, to obtain evaluation information from SCF grantees, which will then be used to examine the outcomes achieved by the SCF in meeting its objective of improving the capacity of grantees that include NGOs and state, local and tribal governments. Comments are due 11/05/10. FR 54342.
On 9/01/10, the president issued Proclamation 8554 to declare September 2010 as National Childhood Obesity Awareness Month, and to encourage all Americans to take action by learning about and engaging in activities that promote healthy eating and greater physical activity by all of the nation’s children. FR 54757.
 
Nominations
The Senate Judiciary Committee will hold a hearing on the following judicial nominations: Susan L. Carney , of Connecticut, to be United States Circuit Judge for the Second Circuit; Amy Totenberg , of Georgia, to be United States District Judge for the Northern District of Georgia; James E. Boasberg, of the District of Columbia, to be United States District Judge for the District of Columbia; Amy B. Jackson, of the District of Columbia, to be United States District Judge for the District of Columbia; James E. Shadid, of Illinois, to be United States District Judge for the Central District of Illinois; Sue E. Myerscough, of Illinois, to be United States District Judge for the Central District of Illinois. 9/15/10, 2:30 pm, 226 Dirksen.
The Senate Judiciary Committee is scheduled to vote on the following nominations: Kathleen M. O’Malley, of Wisconsin, to be United States Circuit Judge for the Federal Circuit; Beryl A. Howell, of the District of Columbia, to be United States District Judge for the District of Columbia; Robert L. Wilkins, of the District of Columbia, to be United States District Judge for the District of Columbia. 9/16/10,10 am, 226 Dirksen.
Notices  
On 9/02/10, the Coordinating Council on Juvenile Justice and Delinquency Prevention announced a 9/24/10 meeting in Washington, D.C. to discuss reports from the Council’s Operations Committees and Issue Teams, research presentation on reasons behind youth crime trends, and other items. The ABA submitted comments to the Council in August. FR 53958.
 
Notices
On 9/08/10, the United States Sentencing Commission announced final action regarding technical and conforming amendments to federal sentencing guidelines effective 11/01/10, unless Congress acts to the contrary. FR 54698.
 
Notices  
On 9/03/10, the Federal Communications Commission (FCC) announced a one-year extension of current waivers of certain Telecommunication Relay Services (TRS) and speech-to-speech services for individuals with hearing and speech disabilities, including, mandatory minimum standards for Video Relay Service (VRS) and Internet Protocol Relay (IPR). FR 54040.
On 9/03/10, the Social Security Administration (SSA) announced a request for public comment on several revisions and extensions of approved information collections; Modified Benefit Formula Questionnaire-Employer—20; Medical Report (General)—20; Disability Report—Child—20; Cost Reimbursement Research Request—20; Authorization to Release Medical Report to Physician—20; and Application Status—20. Comments are due 11/02/10. FR 54211.
On 9/07/10, the SSA announced a 9/30/10 listening session of the Accessibility Committee in Chicago, IL, to engage citizens and employees in expressing concerns and proposing ideas on ways to improve the accessibility of government information in order to better understand the needs of diverse communities and provide better solutions. FR 54414.  
On 9/08/10, the Architectural and Transportation Barriers Compliance Board announced a 9/30/10 hearing in Chicago, IL, and a 11/08/10 hearing in Washington, D.C., concerning a proposed rulemaking published by the Access Board in the Federal Register on 7/26/10 that would revise and update its accessibility guidelines for buses, over-the-road buses, and vans. Comments are due 11/13/10. FR 54543.
 
Notices  
On 9/01/10, the Employment and Training Administration (ETA), Department of Labor (DOL), issued a final rule, effective 10/01/10, to implement changes in the Senior Community Service Employment Program (SCSEP), and to clarify various policies in order to provide administrative and programmatic guidance and requirements for the implementation of the SCSEP. FR 53786.
 
Notices  
On 9/01/10, the Environmental Protection Agency (EPA) announced a request for public comment on the new FY2011 application guidelines for the FY2011 “Environmental Workforce Development and Job Training Grants Program,” formerly referred to as the “Brownfields Job Training Grants Program,” created to develop a job training cooperative agreement opportunity in other environmental media outside the scope of brownfields. Comments are due 9/13/10. FR 53689.
On 9/02/10, the EPA announced a proposed rule with comment period on a federal implementation plan (FIP) to apply in any state that is unable to submit, by its deadline, a corrective state implementation plan (SIP) revision to ensure that the state has the authority to issue permits under the Clean Air Act’s New Source Review Prevention of Significant Deterioration Program for sources of greenhouse gases. Comments are due 10/04/10. FR 53883.
 
Notices  
On 9/01/10, the Health Disparities Subcommittee, Advisory Committee of the Director (ACD), Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), announced a 9/23/10 meeting via teleconference to provide recommendations for consideration to the ACD on strategic and other broad issues facing CDC. FR 53703.
On 9/02/10, Food and Drug Administration (FDA), HHS, announced a 9/22/10 meeting of the Office of Women’s Health (OWH) in Washington, D.C., to discuss current and future activities in the areas of women’s health research and educational outreach. FR 53975.
On 9/02/10, the National Center on Minority Health and Health Disparities, HHS, announced a 9/14/10 meeting of the National Advisory Council on Minority Health and Health Disparities in Bethesda, MD, to discuss administrative matters, NIH Health Disparities Update, and other business of the Council. FR 53975.
On 9/07/10, the Health Resources and Services Administration (HRSA), HHS, announced a request for public comment on a proposed information collection, National Health Services Corps (NHSC) Information Follow-up Form, an optional form that a health profession student, licensed clinician, faculty member, or clinical site administrator can fill out to become involved with the NHSC and its commitment to improve the health of the nation’s underserved population. Comments are due 10/06/10. FR 54342.
On 9/07/10, HSRA, HHS, announced a 9/22/10 – 9/24/10 meeting in Rockville, MD, of the Negotiated Rulemaking Committee on Designation of Medically Underserved Populations and Health Professional Shortage Areas. FR 54349.
 
Notices  
On 8/31/10, the Office of the Chief of the Human Capital Officer, Department of Housing and Urban Development (HUD), announced a notice of funding availability for HUD’s fiscal year 2010 Hope VI Revitalization Grants Program to improve the living environment for public housing residents, provide housing that will avoid or decrease the concentration of very low-income families, and to build sustainable communities. Click here for application information. FR 53324.
On 8/31/10, the Office of Chief of the Human Capital Office, HUD, announced a funding availability for HUD’s fiscal year 2010 Choice Neighborhoods Initiative—Round 1, for which applicants may submit either a Choice Neighborhood Planning Grant or a Choice Neighborhood Implementation Grant application. Click here for application information. FR 53324.
On 9/03/10, the Office of the General Counsel, HUD, announced the availability on its website of the application information for the FY2009 Section 202 Pre-Development Grant Program, created to assist sponsors of projects for the Supportive Housing for the Elderly Program. Click here for application information. FR 54163.
On 9/07/10, HUD announced a request for public comment on a proposed information collection, Public Housing Capital Fund Program, which is used for the modernization of existing public housing stock and development of new units. Comments are due 11/08/10. FR 54353.
Notices
On 8/31/10, the United States Immigration and Customs Enforcement (USICE), Department of Homeland Security (DHS), announced a request for public comment on a new information collection, the IMAGE Information Request and Membership Application/ICE Mutual Agreement between Government and Employers (IMAGE), a program designed to build cooperative relationships with the private sector to enhance compliance with immigration laws and reduce the number of unauthorized aliens within the American workforce. Comments are due 9/30/10. FR 53322.
On 9/08/10, the Privacy Office, DHS, announced a proposed rulemaking to exempt portions of the Citizenship and Immigration Data Repository System of Records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. Comments are due 10/08/10. FR 54528.  
On 9/08/10, the Privacy Office, DHS, announced a proposed rulemaking to establish a new DHS system of records titled, “DHS U.S. Citizenship and Immigration Services 012 Citizenship and Immigration Data Repository System of Records.” Comments are due 10/08/10 . FR 54642.
On 9/08/10, the U.S. Citizenship and Immigration Services (USCIS), DHS, announced a request for public comment on an extension of an existing information collection, Application for T Nonimmigrant Status; Supplement A: Application for Immediate Family Member of T-1 Recipient; and Supplement B: Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. Comments are due 11/05/10. FR 54646.
On 9/08/10, the Department of State announced a request for public comment on a new information collection, Affidavit of Relationship (AOR), which will be required by the Department of State to establish qualifications for access to the Priority 3 Family Reunification category of the U.S. Refugee Admissions Program (USRAP) by persons of certain nationalities who are family members of qualifying “anchors” (persons already admitted to the U.S. as refugees or who were granted asylum in the U.S.) including persons who may not be lawful permanent residents or U.S. citizens. Comments are due 11/05/10. FR 54690.
On 9/08/10, the Department of State announced a request for public comment on a revised information collection, Online Application for Nonimmigrant Visa, to be used to collect biographical information from individuals seeking a nonimmigrant visa. Comments are due 11/05/10. FR 54690.
 
Notices  
On 9/02/10, the Administration for Children and Families, Department of Health and Human Services (HHS), announced a 9/29/10 tribal consultation in Washington, D.C., to solicit input on the agency’s draft tribal consultation policy. Testimonies are due 9/21/10. FR 53975.
 
Notices  
On 9/01/10, the Patent and Trademark Office (USPTO), Department of Commerce, announced a request for public comment on a recent update to its obviousness guidelines after KSR v. Teleflex for its personnel to use when applying the law of obviousness under 35 U.S.C. 103, to address a number of issues that arise when office personnel consider whether or not a claimed invention is obvious. FR 53643.
On 9/01/10 the USPTO, Department of Commerce, announced a request for public comment on a new information collection to implement a one-year missing parts pilot program to permit applicants to request a 12-month time period to reply to a Notice to File Missing Parts of Nonprovisional Application to pay certain fees. Comments are due 11/01/10. FR 53631.
 
Notices  
On 9/07/10, the Center for Faith Based and Community Initiatives (CFBCI), Agency for International Development (USAID), announced a request for public comment on a new information collection, USAID Faith-Based and Community Initiatives Contact Survey, to collect updated contact and organizational information on NGOs working in international development and humanitarian relief around the world so that the CFBCI can engage these organizations in a more efficient way. Comments are due 11/08/10. FR 54298.
On 9/07/10, the Customs and Border Protection, Department of Homeland Security (DHS), announced a request for public comment on an extension of an information collection, Free Trade Agreements with the countries of Chile, Singapore, Australia, Morocco, Bahrain, Jordan, Oman, and Peru. Comments are due 11/08/10. FR 54352.
   
Notices  
On 9/07/10, the Legal Services Corporation (LSC) announced a 9/10/10 meeting via teleconference of the LSC Board of Directors’ Search Committee for President to consider and act on the proposed job description for the position of LSC President, and for other purposes. FR 54388.
On 9/07/10, the LSC announced a request for public comment on what its FY2012 budget request to congress should be. Comments are due 9/10/10. FR 54389.
 
Presidential Action  
On 8/31/10, the president issued Executive Order 13552 to proscribe amendments to Parts II and IV of the Manual for Courts-Martial, United States, to take effect 9/29/10. FR 54263.
 
Notices  
On 8/31/10, the Federal Bureau of Investigation (FBI), Department of Justice (DOJ), announced a proposed rule-making with comment period on a new Privacy Act system of records, JUSTICE/FBI-021, the Data Integration and Visualization System, to exempt this system from certain provisions of the Privacy Act in order to avoid interference with the national security and criminal law enforcement functions and responsibilities of the FBI. Comments are due 9/30/10. FR 53262.
On 9/01/10, the Science and Technology Directorate, Department of Homeland Security (DHS), announced a request for public comment on an information collection for the Protected Repository for the Defense of Infrastructure Against Cyber Threats (PREDICT) Initiative, created to facilitate the accessibility of computer and network operational data for use in cybersecurity defensive research and development. Comments are due 9/30/10. FR 53705.
On 9/01/10, the Office of Policy, DHS, announced a 9/16/10 meeting of the Homeland Security Advisory Council (HSAC) via teleconference for the purpose of reviewing the report of the HSAC’s Southwest Border Task Force. FR 53707.  
Presidential Action  
On 8/27/10, the president issued Proclamation 8549, to declare September 2010 as National Preparedness Month, and to encourage all Americans to recognize the importance of preparedness and observe the month by working together to enhance national security, resilience, and readiness. FR 53563.
On 8/30/10, the president issued Executive Order 13551, to block property of certain persons with respect to North Korea, developed in response to continued actions and policies of the Republic of North Korea that constitute an extraordinary threat to the national security, foreign policy and economy of the United States. FR 53837.
 
Substance Abuse
Notices  
On 9/02/10, the Substance Abuse and Mental Health Services Administration (SAMHSA), HHS, announced amendment to the date of a meeting of the Advisory Committee for Women’s Services in San Diego, CA, previously listed in the Federal Register as scheduled for 9/11/10 and 9/12/10, and now corrected to 9/12/10 and 9/13/10. FR 53975.
On 8/31/10, the president issued Proclamation 8550 to declare September 2010 as National Alcohol and Drug Addiction Recovery Month, and to call for Americans to observe the month with appropriate programs, ceremonies, and activities, and to celebrate the lives freed from addiction to illicit drugs, alcohol, or prescription medications. FR 54449.
 
Tort Law
Notices  
On 9/07/10, the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), Department of the Interior, announced a request for public comment on an extension of an information collection, Oil Spill Financial Responsibility for Offshore Facilities, to confirm that applicants can pay for cleanup and damages from oil-spill discharges from Covered Offshore Facilities (COFs). Comments are due 10/07/10. FR 54354.
 
Veterans Affairs
Notices  
On 8/31/10, the Department of Veterans Affairs (VA) announced an amendment to establish presumptive service connection for certain diseases based upon the most recent National Academy of Sciences Institute of Medicine committee report, and to implement the decision of the Secretary of Veterans Affairs that there is a positive association between exposure to certain herbicide agents. This amendment is effective immediately and applies to claims received by the VA on or after 8/31/10. FR 53202.
On 9/01/10, the VA announced a proposed rule with comment period to reorganize and rewrite in plain language its regulations concerning service-connected and other disability compensation, as part of the VA’s reorganization of all of its compensation and pension regulations in a logical, claimant-focused, and user-friendly format. Comments are due 10/01/10. FR 53744.
On 9/03/10, the VA announced a final rule, effective 10/04/10, to amend the VA medical regulations to make the language of several provisions conform to changes in law made by the Homeless Veterans Comprehensive Assistance Act of 2001; the Veterans Health Care, Capital Asset, and Business Improvement Act of 2003; and the Veterans’ Mental Health and Other Care Improvements Act of 2008. FR 54028.
On 9/03/10, the VA announced a 9/14/10 and 9/15/10 meeting of the Geriatrics and Gerontology Advisory Committee in Washington, D.C., to provide advice to the Secretary of Veterans Affairs and the Under Secretary for Health on all matters pertaining to geriatrics and gerontology. FR 54232.
On 9/07/10, the Social Security Administration (SSA) announced a final rule, effective immediately, to improve the Supplemental Security Income (SSI) program made by the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), and also to make a technical change to the rules to reflect the correct section of the Internal Revenue Code. FR 54285.
On 9/07/10, the Veterans Health Administration, VA, announced a request for public comment on a proposed information collection, Follow-up Study of a National Cohort of Gulf War and Gulf Era Veterans, to help the VA assess the health of Gulf War veterans who were exposed to a variety of environmental factors potentially liked to Chronic Fatigue Syndrome and unexplained multi-system illnesses. Comments are due 11/08/10. FR 54445.
 
 

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