A Daily Legislative Update Service of the Governmental Affairs Office
daily edition 9.27.2010
The Senate is in session today. The House is not in session today.
Congressional Record, Vol. 158, No. 128 - 129 (September 23, 2010 - September 24, 2010)
Federal Register, Vol. 75, Nos. 185 - 186 (September 24, 2010 - September 27. 2010)
CQ Today Vol. 46, No. 125 - 126 (September 24, 2010 - September 27, 2010)

Business Law
Children and Families

Civil Rights/ Constitutional Law
Courts/ Judiciary
Criminal Law
Disability Law
Election Law
Emergency Preparedness and Response
Health Law

HIV/AIDS
Housing and Homelessness
Immigration Law
Intellectual Property Law
International Law
Labor and Employment Law
Legal Education
Legal Services
National Security
Substance Abuse
Tort Law
Bills Introduced
HR 6212 ( Matsui, D-CA), to direct the administrator of the Small Business Administration to establish a loan guarantee program to assist small business concerns that manufacture clean energy technologies in the United States; to Small Business. HR6989, CR 9/23/10.  
Committee Action
The Senate Judiciary Committee will mark up S 3675, to amend Chapter 11 of Title 11, United States Code, to address reorganization of small businesses. 9/30/10, 10 am, 226 Dirksen.
Floor Action
On 9/24/10, the Senate passed S 3839, the Small Business Act and the Small Business Investment Act, to provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958.  
 
Bills Introduced  
HR 6192 ( Stark, D-CA), to ensure that foster children are able to use their Social Security and Supplemental Security Income benefits to address their needs and improve their lives; to Ways and Means. HR6988, CR 9/23/10.
HR 6193 ( Langevin, D-RI), to require states to take certain additional steps to assist children in foster care in making the transition to independent living, and for other purposes; to Ways and Means. HR6988, CR 9/23/10.  
Committee Action  
The Senate Health, Education, Labor, and Pensions Committee will mark up S 3817, to amend the Child Abuse Prevention and Treatment Act, the Family Violence Prevention and Services Act, the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 and the Abandoned Infants Assistance Act of 1988 to reauthorize the Acts. 9/29/10, 10 am, 430 Dirksen.
Floor Action  
On 9/23/10, the House passed HR 6156, to renew the authority of the Secretary of Health and Human Services to approve demonstration projects deigned to test innovative strategies in state child welfare programs.
Notices  
On 9/24/10, the Administration for Children and Families (ACF), Department of Health and Human Services (HHS), announced a request for public comment on a proposed information collection, the Child Care and Development Fund Plan for States/Territories for FFY 2012–2013, to provide ACF and the public with a description of, and assurance about, the States or the Territories child care program. Comments are due 11/19/10. FR 58396.
 
Bills Introduced  
S 3838 ( Lincoln, D-AR), to appropriate funds for the final settlement of lawsuits against the federal government for discrimination against black farmers and to provide relief for discrimination in a credit program of the Department of Agriculture under the Equal Credit Opportunity Act; to Finance. S7420, CR 9/23/10.
HR 6216 ( Sherman, D-CA), to amend Title VI of the Civil Rights Act of 1964 to prohibit discrimination on the ground of religion in educational programs or activities; to Judiciary. HR6989, CR 9/23/10.
 
Bills Introduced  
HR 6195 ( Miller, R-CA), to provide for additional district court judges for certain judicial districts, and to provide for the cross designation of special assistant United States attorneys to prosecute certain border-related offenses, and for other purposes; to Judiciary. HR6988, CR 9/23/10.  
Hearings
The Courts and Competition Policy Subcommittee, House Judiciary Committee, will hold a hearing titled “Courtroom Use: Access to Justice, Effective Judicial Administration, and Courtroom Security.” 9/29/10, 3 pm, 2141 Rayburn.  
Nominations
On 9/23/10, the Senate Judiciary Committee approved the following nominations: Kathleen M. O’Malley , of Ohio, to be United States Circuit Judge for the Federal Circuit (voice vote); Beryl A. Howell, of the District of Columbia, to be United States District Judge for the District of Columbia (voice vote ); Robert L. Wilkins, of the District of Columbia, to be United States District Judge for the District of Columbia (voice vote); Edward M. Chen, of California, to be United States District Judge for the Northern District of California (12-7 vote); Louis B. Butler Jr., of Wisconsin, to be United States District Judge for the Western District of Wisconsin (12-7 vote); John J. McConnell Jr., of Rhode Island, to be United States District Judge for the District of Rhode Island (13-6 vote); and Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit (12-7 vote).
The Senate Judiciary Committee will hold a confirmation hearing on the following nominations: James E. Graves Jr., of Mississippi, to be United States Circuit Judge for the Fifth Circuit; Paul K. Holmes III, of Arkansas, to be United States District Judge for the Western District of Arkansas; Anthony J. Battaglia, of California, to be United Sates District Judge for the Southern District of California; Edward J. Davila, of California, to be United States District Judge for the Northern District of California; Diana Saldana, of Texas, to be United States District Judge for the Southern District of Texas. 9/29/10, 2 pm, 226 Dirksen.
The Senate Judiciary Committee is scheduled to consider the nomination of Robert N. Chatigny, of Connecticut, to be United States Circuit Judge for the Second Circuit. 9/30/10, 10 am, 226 Dirksen.
Notices
On 9/27/10, the Office of Justice Programs, Department of Justice (DOJ), announced a reinstatement, with change, of a previously approved information collection, the State Court Organization 2009, to focus on the organizational structure of state courts throughout the country. Comments are due 11/23/10. FR59293.
 
Bills Introduced  
HR 6214 ( Nadler, D-NY), to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide incentives to states and units of local government under the Edward Byrne Memorial Justice Assistance Grant Program for providing certain services to victims of sexual assault, rape, and for other purposes; to Judiciary. HR6989, CR 9/23/10.  
Hearings  
The Crime, Terrorism and Homeland Security Subcommittee, House Judiciary Committee, will hold a hearing on the reauthorization of the Second Chance Act, which provides grants to improve reentry of offenders into the community. 9/29/10, 4 pm, 2237 Rayburn.
Committee Action  
On 9/23/10, the Senate Judiciary Committee approved S 3767, to establish appropriate criminal penalties for certain knowing violations relating to food that is misbranded or adulterated.
On 9/23/10, the Committee on Oversight and Government Reform approved HR 5367, the D.C. Courts and Public Defender Service Act of 2010.
 
Bills Introduced  
HR 6200 ( Pomeroy, D-ND), to amend Part A of Title XI of the Social Security Act to provide for a one-year extension of the authorizations for the Work Incentives Planning and Assistance program and the Protection and Advocacy for Beneficiaries of Social Security program; to Ways and Means. HR6989, CR 9/23/10.  
Hearings  
The Social Security Subcommittee, House Ways and Means Committee, will hold a hearing titled “Social Security at 75 Years: More Necessary Now than Ever.” 9/30/10, 10 am, B-318 Rayburn.  
 
Floor Action  
On 9/23/10, the Senate failed, by a 59-39 vote, to garner the 60 votes necessary to pass a motion to proceed to consideration of S 3628, to amend the Federal Election Campaign Act of 1971.
 
Bills Introduced  
HR 6207 ( Herseth Sandlin, D-SD), to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve recovery and hazard mitigation activities with respect to major disasters, and for other purposes; to Transportation and Infrastructure. HR6989, CR 9/23/10.
Hearings  
The Emergency Communications, Preparedness, and Response Subcommittee, House Homeland Security Committee, will hold a hearing titled “Emergency Logistics Management: Transforming the Delivery of Disaster Relief for the 21 st Century. 9/29/10, 10 am, 311 Cannon.
The State, Local and Private Sector Preparedness and Integration Subcommittee, Senate Homeland Security and Governmental Affairs Committee, will hold a hearing titled “Earthquake Preparedness: What the United States Can Learn from the 2010 Chilean and Haitian Earthquakes.” 9/30/10, 10:30 am, 342 Dirksen.
Floor Action  
On 9/23/10, the House passed S 3814, to extend the National Flood Insurance Program until 9/30/11.
On 9/23/10, the House passed H Res 1618, to urge the federal government, states, localities, schools, nonprofit organizations, businesses, other entities, and the people of the United States to observe National Preparedness Month.
Notices
On 9/27/10, the Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS), announced a final rule to make the final determinations for modified Base Flood Evaluations (BFEs) required for each community to adopt or show evidence of being in effect in order to qualify for participation in the National Flood Insurance Program. FR59095.
 
Bills Introduced  
S 3829 ( Graham, R-SC), to repeal the Community Living Assistance Services and Supports Act (CLASS Act); to Health, Education, Labor, and Pensions. S7420, CR 9/23/10.
HR 6208 ( Lee, D-CA), to expand and enhance existing adult day programs for people with multiple sclerosis or other similar diseases, to support and improve access to respite services for family caregivers who are taking care of such people; to Energy and Commerce. HR6989, CR 9/23/10.  
Hearings  
The Labor, Health and Human Services, Education, and Related Agencies Subcommittee, Senate Appropriations Committee, will hold a hearing titled “Defending Against Public Health Threats,” focusing on the development of medicines for use against public health threats, such as pandemic flu or bioterrorism. 9/29/10, 2:30 pm, 124 Dirksen.
The Senate Indian Affairs Committee will hold a hearing titled “Health Care Without an IHS Hospital: Overtaxing the Contract Health Services Program.” 10/02/10, 1:30 pm, Hyatt Place Reno-Tahoe Airport, 1790 East Plumb Lane, Meeting place 1, Reno, NV.
Committee Action
On 9/23/10, the Senate Committee on Health, Education, Labor, and Pensions approved S 3751, to amend the Stem Cell Therapeutic and Research Act of 2005.  
Floor Action
On 9/23/10, the House passed S 1674, the Improving Access to Clinical Trials Act of 2010, to provide for an exclusion under the Supplemental Security Income program and the Medicaid program for compensation provided to individuals who participate in clinical trials for rare diseases or conditions.
On 9/23/10, the House passed, by a 417-1 vote, HR 1745, the Family Health Care Accessibility Act of 2010, to amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under Section 330 of such Act.
Notices  
On 9/24/10, the Centers for Medicare & Medicaid Services (CMS), Department for Health and Human Services (HHS), announced a 10/13/10 meeting of the Advisory Panel on Medicare Education via web conference, to provide recommendations on the development and implementation of a national Medicare education program that describes benefit options under Medicare. FR 58405.
On 9/24/10, CMS, HHS, announced, effective 1/01/11, that the 2011 annual adjustment in the amount in controversy (AIC) threshold amounts are $130 for Administrative Law Judge (ALJ) hearings and $1,300 for judicial review. FR 58407.
On 9/24/10, CMS, HHS, announced a 11/17/10 meeting of the Medicare Evidence Development and Coverage Advisory Committee, in Baltimore, MD, which provides adviceand recommendations concerning the adequacy of scientific evidence needed to determine whether certain medical items and services can be covered under the Medicare statute. FR58414.
On 9/24/10, CMS, HHS, announced a 10/27/10 meeting in Baltimore, MD, to solicit input from stakeholders on the Physician Compare Web site. FR 58411.
 
Notices  
On 9/24/10 the Health Resources and Services Administration (HRSA), HHS, announced a request for public comment on a proposed information collection, the Ryan White HIV/AIDS Treatment Modernization Act of 2006, necessary to for HRSA, state and local grantees, and individual providers to assess the status of existing HIV-related service delivery systems. Comments are due 11/23/10. FR58392.
 
Notices  
On 9/24/10, the Office of Public and Indian Housing, Department of Housing and Urban Development (HUD), announced an approaching deadline to submit either a planning or implementation grant application under HUD’s FY2010 Round 1 Choice Neighborhoods Grant Program. Applications are due 10/07/10. FR58422.
On 9/27/10, HUD announced the availability of funds for FY 2010 for the Continuum of Care (CoC) Homeless Assistance Program. FR59282.
On 9/27/10, HUD announced a request for public on a proposed information collection, Financial Standards for Housing Agency-Owned Insurance Entities. Comments are due 10/27/10. FR59284.
On 9/27/10, the Office of the Assistant Secretary for Public and Indian Housing, HUD, announced a request for public comment on a proposed information collection, Public/Private Partnerships for the Mixed Finance Development of Public Housing Units, designed to enable public housing authorities and their partners to structure transactions that make use of private and/or public sources of financing. Comments are due 11/26/10. FR 59283.
 
Bills Introduced  
H Res 1658 ( Moran, D-VA), to express condolences to the families and friends of the 72 people who died in Mexico while migrating to the United States in search of better lives and condemning the criminal network responsible for their massacre; to Foreign Affairs. HR6989, CR 9/23/10.
Hearings
The Immigration, Citizenship, Refugees, Border Security, and International Law Subcommittee, House Judiciary Committee, will hold a hearing titled “The Role of Immigration in Strengthening America’s Economy.” 9/30/10, 9:30 am, 2141 Rayburn.
 
Committee Action  
The Senate Judiciary Committee will mark up S 3804, to combat online infringement, and for other purposes. 9/30/10, 10 am, 226 Dirksen.
 
Bills Introduced  
S Res 645 ( Ensign, R-NV), to express the sense of the Senate regarding the Parliamentary elections to be held in Venezuela on 9/26/10; to Foreign Relations. S7446, CR 9/24/10.  
Hearings
The House Foreign Affairs Committee will hold a hearing titled “Out of the Shadows: The Global Fight Against Human Trafficking.” 9/30/10, 10 am, 2172 Rayburn.  
The Senate Foreign Relations Committee will hold a hearing titled “ Latin America in 2010: Opportunities, Challenges and the Future of U.S. Policy in the Hemisphere.” 9/30/10, 2:30 pm, 419 Dirksen.
The Western Hemisphere Subcommittee, House Foreign Affairs Committee, will hold a hearing titled “Venezuela After the Elections.” National Assembly elections were scheduled for 9/26/10. 9/30/10, 2 pm, 2171 Rayburn.
Committee Action
The House Foreign Affairs Committee will mark up HR 4645, to remove obstacles to legal sales of United States agricultural commodities to Cuba and to end travel restrictions on all Americans to Cuba. 9/29/10, noon, 2172 Rayburn.
Floor Action  
On 9/23/10, the Senate passed S Res 640 to express the sense of the Senate regarding United States engagement with ASEAN and its member-states.
Notices
On 9/24/10, the U.S. Department of State Advisory Committee on Private International Law announced it will hold its annual meeting on 10/28/10 and 10/29/10 in Washington, D.C., to discuss developments in a number of international law related areas. FR58465.  
 
Bills Introduced  
S 3840 ( Casey, D-PA), to permit employees to request, and to ensure employers consider requests for, flexible work terms and conditions, and for other purposes; to Health, Education, Labor, and Pensions. S7446, CR 9/24/10.
 
Committee Action  
The Senate Judiciary Committee will mark up S 2888, to amend Section 205 of Title 18, United States Code, to exempt qualifying law school students participating in legal clinics from the application of the general conflict of interest rules under such section. 9/30/10, 10 am, 226 Dirksen.
Committee Action
On 9/23/10, the Senate Committee on Health, Education, Labor, and Pensions approved the nominations of Julie Reisken, of Colorado, Joseph Pietrzyk, of Ohio, and Harry Korrell III, of Washington, to be members of the Legal Services Corporation Board of Directors.
 
Hearings  
The Intelligence Community Management Subcommittee, House Select Intelligence Committee, will hold a hearing titled “Update on Security Clearance Reform.” 9/30/10, 1 pm, 2118 Rayburn.
Notices
On 9/27/10, the Department of Defense issued a proposed rule to assign responsibilities and provide procedures for members of the public to request a declassification review of information classified under the provisions of Executive Order 13526, or predecessor orders. Comments are due 11/26/10. FR59176.
Hearings  
The Health Subcommittee, House Energy and Commerce Committee, will hold a hearing on draft legislation relating to drug safety. 9/30/10, 10 am, 2123 Rayburn.
The House Judiciary Committee will hold a hearing on the Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010. 9/29/10, 11 am, 2141 Rayburn.
Notices
On 9/24/10, the Substance Abuse and Mental Health Services Administration (SAMHSA), HHS, announced a request for public comment on an information collection, the Voluntary Customer Satisfaction Survey, to identify strengths and weaknesses in current service provisions by SAMHSA and to make improvements that are practical and feasible. Comments are due 10/25/10. FR58392.
 
Notices  
On 9/24/10, the Department of Treasury announced a request for public comments on the Terrorism Risk Insurance Program—Program Loss Reporting, which establishes requirements and procedures for insurers that file claims for payments of the federal share of compensation for insured losses resulting from a certified act of terrorism. Comments are due 11/23/10. FR 58468.
 
 
 

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