![](media/image1.jpeg){width="6.489583333333333in"
height="1.15625in"}**Legislative
Bulletin...........................................December 18, 2007**

> **Contents:**
>
> **H.R. 3997---**Heroes Earnings Assistance and Relief Tax Act of 2007
>
> **S.2488---**The Freedom of Information Act Amendments of 2007
>
> **H.R. 660---**Court Security Improvement Act of 2007
>
> **S. 863---**Emergency and Disaster Assistance Fraud Penalty
> Enhancement Act of 2007
>
> **H.R. 3690---**U.S. Capitol Police and Library of Congress Police
> Merger Implementation Act of 2007

H.R. 3997---Heroes Earnings Assistance and Relief Tax Act of 2007

*(Rangel, D-NY)*

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, December 18, 2007, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 3997 was passed in the House on November
6, 2007, by a recorded vote of
[410---0](http://clerk.house.gov/evs/2007/roll1042.xml). The version on
the floor under a suspension today includes modifications made by
amendment during Senate consideration. As passed in the House, H.R. 3997
would modify tax provisions to grant tax benefits to veterans, active
duty servicemen, and certain volunteers. The original House bill would
have reduced revenue by \$643 million over the FY 2008 -- FY 2012 period
and \$2.07 billion over the FY 2008 -- FY 2017 period. In order to
satisfy PAYGO requirements, the bill would have increased penalties on
individuals and business for failure to file accurate and timely tax
returns. This pay-for would have increased revenue by \$911 million over
the FY 2008 -- FY 2012 period and \$2.19 billion over the FY 2008 -- FY
2017 period.

The Senate-passed version of H.R. 3997 would change the overall cost of
the bill by adding more benefits to members of the armed services and
increasing a tax penalty on expatriates. The following is a description
of the bill that the House will consider today on the flood, including
Senate amendments that remained in the bill. To read the RSC Legislative
Bulletin on the original House passed version of H.R. 3997, [click
here](http://www.house.gov/hensarling/rsc/doc/lb_110607_suspensions.doc).

**[Additions made in the Senate]{.underline}**

-   Provides a tax credit to small employers who make continued payments
    to former employees called to active duty (wage differential
    payments). This provision would reduce revenue by \$7 million over
    ten years.

-   Expands qualified military benefits to include bonus payments made
    by state or local governments on account of an individual's service
    in a combat zone. This provision has a negligible effect on revenue.

-   Provides for special disposition rules for unused benefits in health
    flexible spending arrangements of individuals called to active duty.
    This provision would reduce revenue by \$3 million over ten years.

-   Provides for an increased tax penalty on U.S. citizen who renounces
    their citizenship. This provision would increase revenue by \$684
    million over ten years.

**[Benefits for Military and Volunteer Firefighters]{.underline}**

*Combat Pay for the Purposes of Earned Income Tax Credit*

-   Permanently extends the allowance of "combat pay" as earned income
    for the purposes of determining the earned income tax credit.
    According to the Joint Committee on Taxation (JCT), this provision
    will reduce revenue by \$47 million over the FY 2008 -- FY 2013
    period and \$83 million over the FY 2008 -- FY 2017 period.

*Modification of Mortgage Revenue Bonds for Veterans*

-   Permanently extends a provision that allows mortgage bonds to be
    issued to veterans regardless of the first-time homebuyer
    requirement (without this waiver, current law restricts using bonds
    to finance mortgages if the buyer had an ownership interest within
    the past three years). According to the JCT, this provision will
    reduce revenue by \$171 million over the FY 2008 -- FY 2013 period
    and \$826 million over the FY 2008 -- FY 2017 period.

-   Increases the annual limit on qualified veterans' mortgage bonds
    that can be issued in Alaska, Oregon, and Wisconsin from \$25
    million to \$100 million. According to the JCT, this provision will
    reduce revenue by \$69 million over the FY 2008 -- FY 2013 period
    and \$297 million over the FY 2008 -- FY 2017 period.

*Survivor and Disability Payments with Respect to Qualified Military
Service*

-   Requires retirement plans from civilian jobs to treat the day prior
    to the date of a service member's death as the date which they had
    resumed employment and been terminated. This section allows deceased
    service members and their families to receive benefits that are
    contingent on termination of employment as a result of death to
    trigger benefits. According to the JCT, this provision will reduce
    revenue by \$1 million over the FY 2008 -- FY 2013 period and \$2
    million over the FY 2008 -- FY 2017 period.

*Treatment of Differential Military Pay as Wages*

-   Amends federal tax withholding laws to treat differential pay (pay
    that is voluntarily paid by an employer to an employee while they
    serve in the armed forces) as wage compensation and permit wage
    withholdings from differential payments for retirement plans.
    According to the JCT, this provision will reduce revenue by \$4
    million over the FY 2008 -- FY 2013 period and \$8 million over the
    FY 2008 -- FY 2017 period.

*Exclusion from Income for Volunteer Firefighters and Medical
Responders*

-   Excludes reductions or rebates of taxes by state and local
    governments, given to volunteer firefighters or emergency medical
    responders in exchange for their services, as taxable income through
    December 31, 2015. According to the JCT, this provision will reduce
    revenue by \$122 million over the FY 2008 -- FY 2012 period and
    \$565 million over the FY 2008 -- FY 2017 period.

*Special Time Limitation to File Claims for Refunds Relating to
Disability Determinations*

-   Extends the period of time that military personnel who receive
    disability determinations from the VA may file claims for credits or
    refunds. Currently, a taxpayer must file claims for credit or refund
    within three years of filing the refund or two years of paying the
    tax. This section extends that time for individuals who receive
    disability determinations until one year after the date of the
    determination. According to the JCT, this provision will reduce
    revenue by \$5 million over the FY 2008 -- FY 2013 period and \$10
    million over the FY 2008 -- FY 2017 period.

*Penalty Free Retirement Plan Withdrawals for Active Duty Reservists*

-   Permanently extends a provision that allows active duty reservists
    to make penalty free withdrawals from their retirement plans.
    According to the JCT, this provision will increase revenue by \$1
    million over the FY 2008 -- FY 2013 period and reduce revenue by \$6
    million over the FY 2008 -- FY 2017 period.

*Permanent Extension of Disclosure Authority*

-   Permanently extends a provision that allows the disclosure of
    certain tax information to the Department of Veterans' Affairs (VA)
    for the purpose of determining eligibility for its pension and
    health-care programs. According to the JCT, this provision will
    increase revenue by \$43 million over the FY 2008 -- FY 2013 period
    and \$164 million over the FY 2008 -- FY 2017 period.

*Contributions of Military Death Gratuities*

-   Allows recipients of military death gratuities to invest benefits
    from the gratuity into Roth IRAs or educational savings accounts
    regardless of annual contribution limits. According to the JCT, this
    provision will reduce revenue by \$1 million over the FY 2008 -- FY
    2013 period and \$4 million over the FY 2008 -- FY 2017 period.

*Suspension of Five Year Test for Peace Corps Volunteers*

-   Allows Peace Corps volunteers to suspend the "five-year test" for
    excluding gains on the sale of a principle residence from taxes.
    Under current law, taxpayers may exclude up to \$250,000 (\$500,000
    for joint filers) in gains on the sale of their principle residence
    if they have lived in the residence for two of the last five years
    (the "five-year test"). This section would allow a Peace Corps
    volunteer to suspend the test requirement for up to ten years if
    they are absent from the residence due to their service obligations.
    According to the JCT, this provision will reduce revenue by \$1
    million over the FY 2008 -- FY 2017 period.

**[Improvements in Supplemental Security Income (SSI)]{.underline}**

*Equitable Treatment of Military Families under SSI*

-   Reclassifies military cash allowances as earned income. Under
    current law, most military payments other than basic pay are treated
    as "unearned income." Every dollar of unearned income after \$20
    reduces SSI program benefits by \$1. Thus, this section would
    increase SSI program benefits available to families of service
    members. According to the JCT, this provision will reduce revenue by
    \$11 million over the FY 2008 -- FY 2013 period and \$26 million
    over the FY 2008 -- FY 2017 period.

*Removal of Penalties for Blind Veterans under SSI*

-   Prohibits consideration of state annuity payments made to blind
    veterans when determining SSI benefits. Under current law, state
    annuity payments made to blind veterans are regarded as unearned
    income and reduce SSI benefits. According to the JCT, this provision
    will reduce revenue by \$1 million over the FY 2008 -- FY 2013
    period and \$3 million over the FY 2008 -- FY 2017 period.

*Exclusion of Benefits for AmeriCorps Volunteers under SSI*

-   Prohibits consideration of benefits or allowances made to AmeriCorps
    volunteers when determining SSI benefits. A JCT revenue estimate is
    not currently available for this section.

**[Provisions that Raise Revenue]{.underline}**

*Increase the Minimum Penalty for Failure to File*

-   Increases the penalty for failure to file a tax return within 60
    days of the due date from \$100 to \$250. Under current law, the
    penalty is the lesser of \$100 or 100% of the tax owed. According to
    the JCT, this provision will increase revenue by \$132 million over
    the FY 2008 -- FY 2013 period and \$296 million over the FY 2008 --
    FY 2017 period.

*Penalty for Failure to File S Corporation Returns*

-   Creates new penalties on S corporations (corporations that are
    exempt from federal income tax other than tax on certain capital
    gains and passive income) that fail to file a timely and accurate
    tax return. An increased penalty of \$100 per month for each
    shareholder would be assessed for up to 12 months and could be
    levied on any S corporation that fails to submit all the required
    information on a return. According to the JCT, this provision will
    increase revenue by \$413 million over the FY 2008 -- FY 2013 period
    and \$964 million over the FY 2008 -- FY 2017 period.

*Increase in Information Return Penalties*

-   Increases penalties on businesses for failure to file correct
    information returns, such as 1099 forms, which include information
    regarding amounts paid to employees and interest paid to
    shareholders. This section increases the penalties for businesses
    that correct the information within 30 days from a minimum of \$15
    to \$25 and a maximum of \$75,000 to \$200,000. Penalties for
    businesses that fail to correct the information by August 1^st^
    would increase from a minimum of \$50 to \$100 and a maximum of
    \$250,000 to \$600,000. The bill would also increase maximum
    penalties on small businesses from \$25,000 to \$75,000 if
    corrections are made within 30 days. If a small business fails to
    make corrections by August 1^st^ the maximum amount is increased
    from \$100,000 to \$250,000. According to the JCT, this provision
    will increase revenue by \$83 million over the FY 2008 -- FY 2013
    period and \$280 million over the FY 2008 -- FY 2017 period.

*Increased Penalties on Expatriates*

-   The Senate amendment would require that, for taxation purposes, the
    property of any U.S. citizen who renounces their citizenship be
    treated like it was sold at market value the day prior to the
    renouncement. According to the JCT, this provision will increase
    revenue by \$764 million over the FY 2008 -- FY 2017 period.

**[Committee Action]{.underline}**: H.R. 3997 was introduced on October
30, 2007, and referred to the Committee on Ways and Means. On November
2, 2007, a mark-up was held and the bill was reported, as amended, by
voice vote. On November 6, 2007, H.R. 3997 was passed in the House by a
vote of [410---0](http://clerk.house.gov/evs/2007/roll1042.xml). On
December 13, 2007, the bill was received in the Senate and on December
12, 2007, the bill was passed, with an amendment, by unanimous consent.

**[Administration Position]{.underline}**: The Administration's position
is not currently available.

**[Cost to Taxpayers]{.underline}**: According to a final JCT summary of
H.R. 3997, the net result on revenue would be an increase of \$300
million over the FY 2008---FY 2012 period and an increase of \$41
million over the FY 2008---FY 2017 period.

**[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}** No.

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}**: According to [House
Report 110 --
426](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr426)),
the House passed version of H.R. 3997 "contains no congressional
earmarks, limited tax benefits, or limited tariff benefits within the
meaning of that rule."

**[Constitutional Authority]{.underline}**: According to [House Report
110 --
426](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr426)),
the House passed version of H.R. 3997 cites constitutional authority in
Article I, Section 8 (the Power To lay and collect Taxes, Duties,
Imposts and Excises) and the 16th Amendment to the Constitution.

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

S. 2488---The Freedom of Information Act Amendments of 2007

(*Leahy, D-VT*)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Tuesday, December 18, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: On March 13, 2007, the House passed H.R.
1309, the Freedom of Information Act Amendments of 2007, by a vote of
[308-117](http://clerk.house.gov/evs/2007/roll144.xml). S. 2488, the
OPEN Government Act of 2007, a Senate version of H.R. 1309, contains
many of the same provisions. S. 2488 would amend and expand the Freedom
of Information Act (FOIA) to limit federal agencies from denying a
requester status as a news media representative and to modify various
other requirements and regulations. The Senate bill differs most notably
from the House bill by removing language that would create the office of
National Information Advocate and by slightly tightening the definition
of "news media" for the purposes of waiving FOIA fees.

The specific provisions of the Senate-passed version of the bill are as
follows:

-   Contains a number of findings, including the following:

```{=html}
<!-- -->
```
-   "the Freedom of Information Act establishes a 'strong presumption in
    favor of disclosure' as noted by the United States Supreme Court in
    United States Department of State v. Ray (502 U.S. 164 (1991)), a
    presumption that applies to all agencies governed by that Act;

-   "'disclosure, not secrecy, is the dominant objective of the Act,' as
    noted by the United States Supreme Court in Department of Air
    Force v. Rose (425 U.S. 352 (1976)); and

-   "in practice, the Freedom of Information Act has not always lived up
    to the ideals of that Act."

```{=html}
<!-- -->
```
-   Defines "media" for the purpose of waiving fees for a FOIA request.
    Under current law, the agencies may waive FOIA request fees for "a
    representative of the news media." This bill defines a
    "representative of the news media" as any person that "gathers
    information of potential interest to a segment of the public, uses
    its editorial skills to turn the raw materials into a distinct work,
    and distributes that work to an audience." The bill specifically
    cites radio and television entities as an example, but also includes
    news entities that disseminate information through
    telecommunications (i.e., the Internet) and freelance
    journalists---so long as they disseminate news. The bill defines
    "news" as "information that is about current events or that would be
    of current interest to the public."

-   Declares that, regarding the recovery of attorney fees and other
    litigation costs, the requesters have "substantially prevailed" (in
    FOIA litigation) when they have obtained relief either through 1) a
    judicial order, or 2) a voluntary or unilateral change in position
    by the opposing party (the agency). A committee report for a similar
    bill (H.R. 1309) stated that the purpose of this provision is to
    ensure that requesters are eligible for attorney fees and other
    litigation costs "if they obtain relief from the agency during the
    litigation."

-   Requires the Attorney General (AG) to notify the Special Counsel
    regarding each civil action taken against government officials who
    "arbitrarily and capriciously" deny records to FOIA requesters, and
    requires to AG to submit an annual report to Congress on the number
    of these actions taken, as well as the action taken by the Special
    Counsel on these civil actions.

-   Requires that the 20-day statutory clock (in current law) to begin
    once the agency has receipt of the FOIA request and prohibits, under
    any circumstances, the 20-day period beginning any later than ten
    days after the request is received. The provision also prohibits an
    agency from charging a requester fees if the above time limit for
    the request is not met.

-   Requires each agency to create a system to assign individual
    tracking numbers for each FOIA request if that request will take
    longer than 10 days to process. This provision also requires the
    agency to establish a telephone line or internet service that
    provides status information to the requester. It states these
    provisions must be implemented within one year of enactment, and
    will apply to all requests made after the effective date.

-   Imposes additional annual reporting requirements on FOIA activities
    to the AG, including:

    -   the average number of days the agency took to respond to
        requests (from the date the request was initially received);

    -   the number of occasions on which each statute was relied upon to
        deny a request;

    -   the number of requests the agency responded to with a
        determination within certain timeframes;

    -   specific data on agency responsiveness to administrative
        appeals;

    -   the number of expedited review requests received by the agency,
        the number that were granted, and the number that were denied,
        the average and median number of days for adjudicating expedited
        review requests, and the number of requests that were
        adjudicated within the required 10 days.

-   Stipulates that agency records, regardless of the format (e.g.,
    hardcopy or electronic), or who the records are maintained by
    (whether the agency or a private contractors), remain subject to
    FOIA.

-   Establishes a **new Office of Government Information Services**
    (GIS) at the National Archives and Records Administration (NARA).
    This provision tasks the GIS to review the policies and procedures
    of administrative agencies and recommend policy changes to Congress
    and the President to improve FOIA handing procedures. Each agency
    would be required to appoint a Chief FOIA Officer that would have
    agency-wide responsibility for FOIA compliance and would report an
    agency's FOIA compliance to the AG.

-   Requires the Office of Personnel Management (OPM) to submit a report
    to Congress that examines whether changes to executive branch
    personnel policies could be made that would a) provide "greater
    encouragement to all federal employees to fulfill their duties
    regarding FOIA requests, and b) enhance the stature of executive
    branch officials administering the FOIA program, among other items.

-   Requires agencies to note the specific exemption used to withhold
    information on the partial records that are released in response to
    a FOIA request, unless revealing the information would harm an
    interest protected by the exemption.

**[Additional Background]{.underline}**: The FOIA was originally signed
into law in 1966 by President Lyndon B. Johnson. FOIA is a federal law
(5 U.S.C. § 552) that establishes the public's right to obtain
information from federal government agencies. Any entity can file a FOIA
request, including U.S. citizens, foreign nationals, organizations,
associations, and universities. The Act was amended to force greater
agency compliance in 1974 following Watergate, and was also amended in
1996 to broaden access to electronic information. As noted in the
summary, there are certain limitations and exemptions related to
national security issues. Under current FOIA law "a representative of
the news media" may receive a waiver to collect information through the
FOIA without paying a fee.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned with the increased regulations and reporting requirements
placed on the executive branch regarding FOIA requests, and some may
consider the amount and nature of these requirements to be onerous and
unduly burdensome. Conservatives may also be concerned with the fact
that this bill creates a new office at the National Archives.

**[Committee Action]{.underline}**: S. 2488 was introduced in the Senate
on December 14, 2007, and was passed by unanimous consent on the same
day. On December 17, 2007, the bill was received in the House and
referred to the Committee on Oversight and Government Reform, which took
no official action.

**[Administration Policy]{.underline}**: No Statement of Administration
Policy was available as of press time.

**[Cost to Taxpayers]{.underline}**: A CBO score for S. 2488 was
unavailable at press time.

**[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}** No.

**[Constitutional Authority]{.underline}**: A Committee Report citing
constitutional authority was not available. House Rule XIII, Section
3(d)(1), requires that all committee reports contain "a statement citing
the *specific* powers granted to Congress in the Constitution to enact
the law proposed by the bill or joint resolution." *\[emphasis added\]*

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

**H.R. 660---Court Security Improvement Act of 2007 *(Conyers, D-MI) ***

**[Order of Business]{.underline}**: H.R. 660 is scheduled for
consideration on Tuesday, December 18, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 660 would establish new laws and
penalties and authorize \$350 million over five years to improve safety
for federal judges, their families, and those who work at federal
courthouses. The bill increases penalties for crimes against judges and
their family members; increases penalties for crimes against court
employees; increases penalties for witness intimidation; and prohibits
the possession of dangerous weapons in federal courthouses. The specific
provisions of H.R. 660 are summarized below:

-   Requires the Director of the U.S. Marshals Service and the U.S.
    Judicial Conference to continually consult with each other
    concerning security requirements for the judicial branch in order to
    insure that the views of both entities are taken into account when
    determining staffing levels, judicial security priorities, and
    allocating judicial security resources;

-   Establishes a crime for intentionally filing a false lien or
    encumbrance against the property of a judge, his family, or any
    court personnel on account of the performance of their duties,
    punishable by up to 10 years in prison;

-   Establishes a crime for knowingly distributing personal information
    about a judge, his family, or any court personnel with the intent to
    threaten, intimidate, or incite a crime, punishable by up to five
    years in prison;

-   Bans all "dangerous weapons" from courts (currently, only guns are
    banned);

-   Permits the U.S. Marshal Service to provide security for federal tax
    courts, which they can only currently do under special
    circumstances;

-   Authorizes \$20 million annually between FY2008 and FY2013 in order
    for the U.S. Marshal Service to higher new employees for the
    purposes of providing judicial security, providing protective detail
    to individuals, and providing secure computer systems;

-   Increases the minimum sentence for crimes committed against a
    witness, victim, or informant in retaliation for their testimony
    from 20 years to 30 years;

-   Increases the minimum sentence for crimes committed against a
    witness, victim, or informant that caused injury or harm to the
    person against whom they testified from 10 years to 20 years;

-   Increases the minimum sentence for the threat of violence against a
    witness, victim, or informant from 10 years to 20 years;

-   Increases the minimum sentence for the harassment of a witness,
    victim, or informant from one year to three years;

-   Increases the maximum federal penalty for manslaughter (of any
    victim) from 10 years to 20 years and increases the maximum penalty
    for involuntary manslaughter from six years to 10 years;

-   Increases the federal penalty for assault (of any victim) from
    anywhere between one year in prison 10 years in prison in a case of
    simple assault;

-   Increases the maximum federal penalty for assault that results in
    "serious bodily injury" to 15 years and increases the maximum
    penalty for assault with a deadly weapon to 30 years in prison;

-   Authorizes \$20 million in grants annually between FY2008 and FY
    2012 for states to asses and change courtroom safety; \$20 million
    in grants annually between FY2008 and FY 2012 for state, local, and
    tribal governments to improve their witness protection programs; and
    \$10 million in grants annually between FY2008 and FY 2012 for
    fugitive apprehension task forces;

-   Requires the U.S. Courts to increase life insurance payments for
    bankruptcy court and district judges.

**[Senate Amendment]{.underline}**: According to the House Judiciary
Committee, the Senate amendment has made the following significant
changes to H.R. 660:

-   Extends sunset for judicial redaction of financial filings for two
    years (House version made redaction authority permanent);

-   Restricts coverage of State and local law enforcement officers (only
    when involved in federal task force) to protect against disclosure
    of personal information on the Internet. (Sec. 202);

-   Reduces maximum penalties for voluntary and involuntary manslaughter
    (Sec. 207);

-   Clarifies increase in assault penalties against law enforcement,
    judges and families of law enforcement and judges (Sec. 208);

-   Restricts ability of senior judges to participate in district
    judicial matters to only those senior judges that work as much as an
    active judge in a six month period (Sec. 503);

-   Transfers one US Court of Appeals for District of Columbia judgeship
    to Ninth Circuit (Sec. 509);

-   Adds in new section requiring DOJ study of collateral consequences
    to felony convictions (Sec. 510).

**[Committee Action]{.underline}**: On January 24, 2007, H.R. 660 was
referred to the Committee on the Judiciary, the Committees on Ways and
Means, and the Committee on Oversight and Government Reform. On March 1,
2007, bill was referred to the Judiciary Subcommittee on Crime,
Terrorism, and Homeland Security, which held a mark up and ordered the
bill reported to the full Committee by voice vote on June 7, 2007. The
Judiciary Committee held a mark up and reported the bill, as amended, by
voice vote on June 13, 2007. On July 10, 2007 the House passed H.R. 660
under suspension, by voice vote. Today we are voting on H.R. 660, which
has returned from the Senate with an amendment.

**[Cost to Taxpayers]{.underline}**: According to CBO, H.R. 660 would
authorize \$75 million in FY2008 and \$350 million over the
FY2008-FY2012 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: The bill would increase the penalties for
numerous crimes related to judges, their families and court personnel,
as well as manslaughter and assault regardless of the victim. H.R. 660
also creates new grant programs for state, local, and tribal governments
to increase protection for judicial employees and witnesses.

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

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}** According to [[House
Report
110-218]{.underline}](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr218):),
"H.R. 660 does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI."

**[Constitutional Authority]{.underline}**: According to [[House Report
110-218]{.underline}](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr218):),
"the Committee finds the authority for this legislation in article I,
section 8 of the Constitution," but does not cite a specific clause.

**[RSC Staff Contact]{.underline}**: Sarah Makin;
[[sarah.makin@mail.house.gov]{.underline}](mailto:sarah.makin@mail.house.gov);
202-226-0718.

**S. 863---Emergency and Disaster Assistance Fraud Penalty Enhancement
Act of 2007 (Sessions, R-AL)**

**[Order of Business]{.underline}**: S. 863 is scheduled for
consideration on Tuesday, December 18, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 863 would amend the federal criminal code
to impose a fine and/or prison sentence if an individual that, with
respect to major disaster benefits:

-   "falsifies, conceals, or covers up by any trick, scheme, or device
    any material fact; or

-   "makes any materially false, fictitious, or fraudulent statement or
    representation, or makes or uses any false writing or document
    knowing the same to contain any materially false, fictitious, or
    fraudulent statement or representation.

These standards would apply to a benefit, "transported, transmitted,
transferred, disbursed, or paid in connection with a major disaster or
emergency declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, or in connection with the procurement of
property or services by a contractor, subcontractor, or supplier during
a major disaster or emergency declaration."\
\
S. 863 also impose a maximum fine for engaging in wire, radio,
television, or mail fraud during a presidentially declared major
disaster or emergency.\
\
In addition, S. 863 directs the U.S. Sentencing Commission to:

-   "promulgate sentencing guidelines or amend existing guidelines to
    provide for increased penalties for persons convicted of fraud or
    theft offenses in connection with a major disaster or emergency
    declaration; and

-   "submit to the House and Senate Judiciary Committees an explanation
    of its guidelines and additional recommendations for combating such
    fraud or theft offenses."

**[Committee Action]{.underline}**: S. 863 was introduced on March 13,
2007, and was referred to the Senate Committee on the Judiciary, which
ordered the bill to be reported without amendment on May 22, 2007. On
December 4, 2007, the bill passed the Senate without amendment by
Unanimous Consent.\
\
[**Cost to Taxpayers**:]{.underline} According to the CBO, "S. 863 would
have no significant cost to the federal government. Enacting the bill
could affect direct spending and revenues, but CBO estimates that any
such effects would not be significant."\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, S. 863 would increase penalties on
individuals who knowingly take advantage of benefits granted to them by
the federal government during a declared national emergency.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.

**[Constitutional Authority]{.underline}**: A Committee Report citing
constitutional authority was not available. House Rule XIII, Section
3(d)(1), requires that all committee reports contain "a statement citing
the *specific* powers granted to Congress in the Constitution to enact
the law proposed by the bill or joint resolution." *\[emphasis added\]*

**[RSC Staff Contact]{.underline}**: Sarah Makin;
[[sarah.makin@mail.house.gov]{.underline}](mailto:sarah.makin@mail.house.gov);
202-226-0718.

**H.R. 3690---U.S. Capitol Police and Library of Congress Police Merger
Implementation Act of 2007 *(Brady, D-PA)***

**[Order of Business]{.underline}**: H.R. 3690 is scheduled to be
considered on Tuesday, December 18, 2007 under a motion to suspend the
rules and pass the bill.\
\
**[Summary]{.underline}**: H.R. 3690 would transfer each Library of
Congress (LOC) police employee and each LOC civilian employee to U.S.
Capitol Police jurisdiction.

H.R. 3690 states that a LOC Police employee shall become a member of the
Capitol Police on the employee's transfer date only if the Chief issues
a written certification that the employee meets specified eligibility
requirements. If such requirements are not net, then such employee shall
become a civilian employee of the Capitol Police. The bill would also
require that the determination for all employees be made before FY 2010.

H.R. 3690 exempts LOC Police employees who are transferred to the
Capitol Police from federal mandatory separation law.

H.R. 3690 ensures that any "creditable service accrued" by LOC Police
employees before being transferred to the Capitol Police jurisdiction be
included in calculating the employee's service for the purpose of the
Federal Employees Retirement System (FERS) and the Civil Service
Retirement System (CSRS).

H.R. 3690 requires that the LOC establish standards and regulations for
the physical security, control, and preservation of the Library of
Congress collections and property, and for the maintenance of suitable
order and decorum within Library of Congress.

In addition, H.R. 3690 amends the Library of Congress Fiscal Operations
Improvement Act of 2000 to provide for payment of Capitol Police
services provided in connection with relating to Library of Congress
Special Events.

**[Senate Amendment]{.underline}**: The Senate amendment makes a
technical correction to ensure that the Chief has the ability to enforce
necessary probations on individuals who engage in actions which would
otherwise constitute a period of probation. (Some Members were concerned
that a blanket provision which took away the ability of the Chief to
issue probations was too far reaching, and this amendment clarified the
Chief's abilities in that regard).

In addition, the Senate amendment makes one clarifying correction citing
a more specific subsection of the code pertaining to retirement, where
before the cite referred to a broader section of the code and could have
lent itself to misinterpretation.

**[Committee Action]{.underline}**: H.R. 3690 was introduced on
September 27, 2007 and was referred to the House Committee on House
Administration. On November 7, 2007, the Committee held a mark-up on
H.R. 3690 and ordered the bill to be reported, as amended, by voice
vote. On December 5, 2007, the House passed H.R. 3690 under suspension
by voice vote. Today we are voting on H.R. 3690, which has returned from
the Senate with an amendment.

**[Cost to Taxpayers]{.underline}**: According to the CBO, "assuming
appropriation of the necessary amounts, CBO estimates that implementing
the bill would cost \$2 million over the FY 2008 -- FY 2010 period and
less than \$500,000 a year thereafter. We estimate that enacting the
bill also would cause small annual increases in both revenues and direct
spending, resulting in a net increase in the federal deficit of about
\$1 million over the 2008-2017 period."

**[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}** No.

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}**: According to [[House
Report
110-470]{.underline}](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr470):),
"Currently, employment-related claims raised by LOC employees (including
LOC police officers) are resolved using the same procedures available to
Executive-branch agencies, while the Capitol Police employment-related
claims are resolved under the procedures established by the CAA.
Transfer of employees from an agency subject to one procedure to one
using another procedure raises jurisdictional and other issues
potentially complicating efficient resolution of claims arising during
the transfer period. The bill provides for termination of certain claims
filed by Library employees being merged and authorizes their re-filing
under the CAA."

**[Constitutional Authority]{.underline}**: According to House Report,
"The Committee cites the legislative power broadly granted to Congress
under Article I. Since 1828, the Congress has employed the Capitol
Police as one element of its exercise of 'exclusive jurisdiction over
the District constituting seat of Government.' As an exercise of
Congress' exclusive jurisdiction, H.R. 3690 would implement the merger
of the Library of Congress Police into the Capitol Police, expanding the
latter's duties to include jurisdiction over Library facilities in the
District of Columbia. The Committee finds this legislation within the
Congress\' constitutional power under Article I."

**[RSC Staff Contact]{.underline}**: Sarah Makin;
[[sarah.makin@mail.house.gov]{.underline}](mailto:sarah.makin@mail.house.gov);
202-226-0718.

**\###**