![](media/image1.jpeg){width="6.489583333333333in"
height="1.15625in"}**Legislative
Bulletin...........................................April 24, 2007**

> **Contents:**
>
> **H.R. 1675 ---** Preservation Approval Process Improvement Act of
> 2007

**H.R. 1676 ---** Native American Home Ownership Opportunity Act of 2007

> **H.Res. 299 ---** Expressing the sense of the House of
> Representatives that Congress should increase public awareness of
> child abuse and neglect and should continue to work with the States to
> reduce the incidence of child abuse and neglect through such programs
> as the Child Welfare Services and Promoting Safe and Stable Families
> programs
>
> **H.R. 518** --- International Solid Waste Importation and Management
> Act of 2007

**H.R.1675 --- Preservation Approval Process Improvement Act of 2007
*(Bean, D-IL)***

**[Order of Business:]{.underline}** The H.R. 1675 is scheduled for
consideration on Tuesday, April 24, 2007, under a motion to suspend the
rules and pass the bill.

**[Summary:]{.underline}** H.R. 1675 would remove a Department of
Housing and Urban Development (HUD) requirement that participants in
low-income, multi-family housing programs must submit Previous
Participation Certificates electronically. The bill would permit paper
filings of such forms until the Secretary revised the current electronic
filing regulations.

**[Additional Information]{.underline}**: According to HUD, a policy
memo was release in April of 2006 directing multifamily mortgage and
subsidy program directors and participants to submit applications
through the agency's Active Partner Performance System (APPS). Under
APPS, participants in multifamily mortgage and project based subsidy
programs, both investors and residents, have to submit applications
electronically without exception. The new HUD policy, which became
effective on July 1, 2006, applies equally to new and existing
participants.

H.R. 1675 would suspend the agency's instruction and allow for a return
to paper filing of Previous Participation Certificates. Electronic
filing requirement would be permitted only after the Secretary of HUD
revised proposed program regulations and, according to the bill,
"eliminate the unnecessary burdens and disincentives for program
participants."

For more information on APPS see:

<http://www.hud.gov/offices/hsg/mfh/apps/appsmfhm.cfm>

**[Committee:]{.underline}** H.R. 1675 was introduced on March 26, 2007,
and referred to the Committee on Financial Services, which held a
mark-up for the bill on March 29, 2007, and reported it by voice vote.

**[Cost to Taxpayers:]{.underline}** CBO estimates that H.R. 1675 would
have no significant effect on the federal budget.

**[Does the Bill Expand the Size and Scope of Government?]{.underline}**
No.

**[Does the Bill Contain Any New State-Government, Local-Government or
Private-Sector Mandates?]{.underline}** No.

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717

**H.R. 1676\--Native American Home Ownership Opportunity Act of 2007**

***(Boren, D-OK)***

**[Order of Business:]{.underline}** The H.R. 1676 is scheduled for
consideration on Tuesday, April 24, 2007, under a motion to suspend the
rules and pass the bill.

**[Summary:]{.underline}** H.R. 1676 would extend authorization of
**such sums** for the Indian Housing Loan Guarantee Fund through 2012.

**[Additional Information]{.underline}**: According to HUD, "Much of the
land in Indian country is held in trust by the U.S. Government. Land
held in trust for a tribe cannot be mortgaged, and land held in trust
for an individual must receive Federal approval before a lien is placed
on the property. As a result, Native Americans historically have had
limited access to private mortgage capital." In response to this problem
the Indian Housing Loan Program was established by Section 184 of the
Housing and Community Development Act of 1992. The program was created
to offer American Indians a variety of subsidized loans for homes,
financing, and new construction.

For more information on the Indian Housing Loan Program see:

<http://www.hud.gov/progdesc/insec184.cfm>

**[Committee:]{.underline}** H.R. 1676 was introduced on March 26, 2007,
and referred to the Committee on Financial Services, which marked-up the
bill on March 29, 2007, and reported it by voice vote.

**[Cost to Taxpayers:]{.underline}** According to CBO, assuming
continued spending at current levels and adjusting for inflation, H.R.
1676 would cost about \$30 million over five years but would not affect
direct spending or revenues.

**[Does the Bill Expand the Size and Scope of Government?]{.underline}**
No.

**[Does the Bill Contain Any New State-Government, Local-Government or
Private-Sector Mandates?]{.underline}** No.

**[Constitutional Authority]{.underline}**: According to Committee
Report
[110--102](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr102))
cites constitutional authority in Article I, Section 9, Clause 7, which
states that no money will be drawn from the Treasury without
appropriation.

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717

**H.Res. 299 --- Expressing the sense of the House of Representatives
that Congress should increase public awareness of child abuse and
neglect and should continue to work with the States to reduce the
incidence of child abuse and neglect through such programs as the Child
Welfare Services and Promoting Safe and Stable Families programs**

***(McDermott, D-WA)***

**[Order of Business:]{.underline}** The H.Res. 299 is scheduled for
consideration on Tuesday, April 24, 2007, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}** H.Res. 299 would express the sense of the
House of Representatives that:

-   "it is the sense of the House of Representatives that Congress
    should increase public awareness of child abuse and neglect and
    should continue to work with the States to reduce the incidence of
    child abuse and neglect through such programs

> as the Child Welfare Services and Promoting Safe and Stable Families
> programs"

The resolution lists a number of findings, including:

-   "child abuse and neglect continue to pose a serious threat to our
    Nation's children;

-   "according to the most recent annual estimates, 3,600,000 children
    were the subject of child abuse and neglect investigations in 2005,
    an increase of 462,000 children from 2001;

-   "more than 899,000 children were found to be the victims of abuse
    and neglect in 2005;

-   "as of the end of 2005, approximately 513,000 children were unable
    to live safely with their families and instead were living in foster
    homes and institutions;

-   "an estimated 1,460 children died because of abuse and neglect in
    2005;

-   "more than 75 percent of the children who died because of abuse and
    neglect in 2005 were under the age of 4;

-   "studies have found that abused and neglected children tend to be at
    least 25 percent more likely than the general population of children
    to experience problems such as delinquency, teen pregnancy, low
    academic achievement, drug use, and mental illness;

-   "a National Institute of Justice study indicated abuse or neglect
    during childhood increased the likelihood of arrest as a juvenile by
    59 percent and adult criminal behavior by 28 percent;

-   "studies have found that abusive parents often were themselves the
    victims of child abuse; and

-   "it is estimated that approximately 1/3 of abused and neglected
    children will eventually victimize their own children.

**[Committee:]{.underline}** H.Res. was introduced on April 17, 2007,
and referred to the Committee Ways and Means, which took no further
action.

**[Cost to Taxpayers:]{.underline}** H.Res. 299 authorizes no new
expenditures.

**[Does the Bill Expand the Size and Scope of Government?]{.underline}**
No.

**[Does the Bill Contain Any New State-Government, Local-Government or
Private-Sector Mandates?]{.underline}** No.

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717

H.R. 518 --- International Solid Waste Importation and Management Act of
2007 *(Dingell, D-MI)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, April 24, 2007, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 518 would amend the Solid Waste Disposal
Act to permit the states to enact laws and regulations restricting the
receipt and disposal of foreign waste until the implementation of final
regulations issued by the Environmental Protection Agency's (EPA)
Administrator under the Agreement Concerning the Transboundary Movement
of Hazardous Waste between the United States and Canada ("Agreement").
The Agreement governs the movement of hazardous and solid municipal
waste between the U.S. and Canada. In addition, if a state chooses to
enact any laws or regulations restricting the receipt and disposal of
foreign waste, those laws and regulations will remain in effect until
they expire.

H.R. 518 provides that no state laws, regulations, or orders enacted in
accordance with the above provision is to be considered as imposing an
undue burden on foreign and interstate commerce.

The bill explicitly names the EPA Administrator as the "Designated
Authority of the United States" under the Agreement and directs the
Administrator to implement and enforce the provisions of the Agreement.
The Administrator must issue final regulations under the Agreement
within two years after enactment of H.R. 518.

H.R. 518 directs the Administrator to consider a number of factors in
consenting to import foreign waste, such as the views of the local
government in which the waste is to be imported, the impact of
importation on local recycling programs, landfill capacity, increased
emissions and road deterioration from increased traffic, homeland
security, and public health.

The legislation prohibits any individual from importing, transporting,
or exporting municipal solid waste for final disposal or incineration in
violation of the agreement. The Administrator may issue an order
assessing a civil penalty for past or current violations. The bill
authorizes civil fines of up to \$25,000 per day for current and past
violations, or both, for violation of the Agreement. Additionally, H.R.
518 allows the Administrator to issue civil fines if compliance orders
are violated.

**[Additional Information]{.underline}**: According to the Committee
Report, some states along the United States' northern border with Canada
are being inundated with solid waste from Canada. The report estimates
that more than 400 trucks cross the border everyday to deliver waste
from Toronto to Michigan. Due to the interpretation of the Commerce
Clause, states are limited in their ability to regulate commerce between
countries, even when there is no federal regulation.

The EPA has not started the rule-making process under the Agreement
because it claims is does not have the legal authority to do so. H.R.
518 is intended to explicitly give the EPA that rule-making authority.
The committee report asserts that the absence of rules and the states'
inability to regulate foreign commerce has lead to environmental damage,
a reduction in public safety, erosion of support for recycling programs,
and a reduction in landfill capacity.

H.R. 2491, a bill identical to H.R. 518, passed the House by voice vote
on September 6, 2006.

**[Committee Action]{.underline}**: H.R. 518 was introduced on January
17, 2007, and referred to the Committee on Energy and Commerce, which
referred the bill to the Subcommittee on Environment and Hazardous
Materials on February 23, 2007. The bill was reported by the Energy and
Commerce Committee and placed on the union calendar on March 29, 2007.

**[Cost to Taxpayers]{.underline}**: CBO estimates that H.R. 518 would
authorize \$2 million in 2008 and \$6 million over a five year period.
CBO also estimates revenues collected from civil enforcement fines would
total less than \$500,000.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: According the CBO, H.R. 518
contains intergovernmental mandates because it would "preempt the
regulatory authority of state governments and impose requirements on
some local governments that own solid waste facilities." The bill also
contains private-sector mandates on "companies involved in the
exportation, and disposal of solid waste."

Because the specific requirements of these mandates would depend on
future EPA regulation, CBO cannot determine the cost of these mandates.

**[Constitutional Authority]{.underline}**: Committee Report
[110--81](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr081))
cites constitutional authority for this legislation in Article 1,
Section 8, and Clause 3 of the Constitution, the Commerce Clause.

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; (202) 226-9717

\###