A Daily Legislative Update Service of the Governmental Affairs Office
The Senate and House are in session today.
Federal Register, Vol. 75, No. 230 (December 1, 2010)
Congressional Record, Vol. 156, No. 153 (November 30, 2010)
CQ Today, Vol. 46, No. 137 (December 1, 2010)
On 11/30/10, the Senate passed S 3987, the Red Flags Program Clarification Act, to amend the Fair Credit Reporting Act with respect to the applicability of identity theft guidelines to creditors, making clear that lawyers would not be considered “creditors” under the act.
On 12/1/10, the Federal Trade Commission issued a final rule, effective 12/29/10, concerning the practices of for-profit companies that help consumers obtain modifications to their terms of mortgage loans, to prohibit providers of mortgage assistance relief services from making false or misleading claims, to mandate that providers disclose certain information about these services, to bar the collection of advance fees for these services, to prohibit anyone from providing substantial assistance or support to another they know or consciously avoid knowing is engaged in a violation of the rule, and to impose recordkeeping and compliance requirements. FR75092.
In a 11/22/10 statement
, ABA President Stephen N. Zack applauded the lawyer exemption in the final rule.
HJ Res 102 ( Bishop, R-UT), to propose an amendment to the Constitution of the United States to give states the right to repeal federal laws and regulations when ratified by the legislatures of two thirds of the several states; to Judiciary. CR 11/30/10, H7757.
S 3989 ( Wyden, D-OR), to amend the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for restitution and other state judicial debts that are past-due; to Finance. CR 11/30/10, S8298.
On 12/1/10, the Senate Judiciary Committee approved the following judicial nominations: Susan L. Carney , to be United States Circuit Judge for the Second Circuit; James E. Graves, to be United States Circuit Judge for the Fifth Circuit; Amy Totenberg, to be United States District Judge for the Northern District of Georgia; James E. Boasberg, to be United States District Judge for the District of Columbia; Amy B. Jackson, to be United States District Judge for the District of Columbia; James E. Shadid, to be United States District Judge for the Central District of Illinois; Sue E. Myerscough, to be United States District Judge for the Central District of Illinois ; Paul K. Holmes, III, to be United States District Judge for the Western District of Arkansas; Anthony J. Battaglia, to be United States District Judge for the Southern District of California; Edward Davila, to be United States District Judge for the Northern District of California; and Diana Saldana, to be United States District Judge for the Southern District of Texas.
The Senate Judiciary Committee will vote on the following nominations: Robert N. Chatigny , to be United States Circuit Judge for the Second Circuit; Max O. Cogburn, to be United States District Judge for the Western District of North Carolina; Marco A. Hernandez, to be United States District Judge for the District of Oregon; Michael H. Simon, to be United States District Judge for the District of Oregon; and Steve Jones, to be United States District Judge for the Northern District of Georgia; Patti B. Saris, to be a Member and Chair of the United States Sentencing Commission; and Dabney Friedrich, to be a Member of the United States Sentencing Commission. 12/8/10, 10 am, 226 Dirksen.
HR 6459 ( Gonzalez, D-TX), to amend Section 1848 of the Social Security Act to provide for a 4-year transition in reductions in relative value units for certain newly bundled services to allow physician practice time to adjust to new payment rates; to Energy and Commerce. CR 11/30/10, H7757.
S 3988 ( Kirk, R-IL), to establish the Grace Commission II to review and make recommendations regarding cost control in the federal government, and for other purposes; to Homeland Security and Governmental Affairs. CR 11/30/10, S8298.
On 12/1/10, the Office of Consumer Information and Insurance Oversight, Department of Health and Human Services (HHS), announced an interim final rule, effective 1/1/11, to implement the medical loss ratio (MLR) requirements for health insurance issuers under the Public Health Service Act, as added by the Patient Protection and Affordable Care Act. Comments are due 1/31/11. FR74864.
On 12/1/10, the Health Resources and Services Administration (HRSA), HHS, announced a request for public comment on a proposed information collection, Ryan White HIV/ AIDS Program Annual Data Report Form—Extension, for HRSA to review the administration of grant funds, the allocation of funds, the evaluation of programs for the population served, and the improvement of the quantity and quality of care. Comments are due 12/30/10. FR74737.
On 12/1/10, the Department of Housing and Urban Development (HUD) announced a request for public comment on a proposed information collection, State Community Development Block Grant Program Reporting Forms, for which grant recipients document the usage of funds used for housing activities and public service projects serving lower-income people. Comments are due 1/3/11. FR74739.
On 12/1/10, HUD announced the availability on its web site of the application information for HUD’s Fiscal Year 2010 Fair Housing Initiatives Program (FHIP), which makes $40.7 million available to investigate allegations of housing discrimination, educate the public and the housing industry about their rights and responsibilities under the Fair Housing Act, and increase compliance with the Fair Housing Act. HR74740.
S 3992 ( Durbin,
D-IL), to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children and for other purposes. CR 11/30/10, S8298. In an 11/30/10 statement
, ABA President Stephen N. Zack expressed ABA support for the bill, known as the DREAM Act.
On 11/30/10, the House passed HR 6411, to provide for the approval of the agreement between the government of the United States of America and the Government of Australia concerning peaceful uses of nuclear energy.
S 3990 ( Brown, R-MA), to extend emergency unemployment benefits without adding to the federal budget deficit, and for other purposes; to Finance. CR 11/30/10, S8298.
The Joint Economic Committee will hold a hearing to receive a report on the employment situation for the month of November. 12/3/10, 9:30 am, 216 Hart.
On 11/30/10, the House passed H. 6398, to require the Federal Deposit Insurance Corporation to fully insure interest on lawyers trust accounts, which provide funds for legal services programs.
The Senate Homeland Security and Governmental Affairs Committee will hold a hearing titled “Border Security: The Challenge of Protecting Federal Lands.” 12/8/10, 10 am, 342 Dirksen.
On 11/30/10, the House passed H Res 1622, to honor the historic contributions of veterans throughout all conflicts involving the United States.
On 11/30/10, the House passed HR.5953 , to direct the secretary of Veterans Affairs to display in each facility of the Department of Veterans Affairs a Women Veterans Bill of Rights.