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# Legislative Bulletin...........................................March 14, 2006

> **Contents:**
>
> **S. 2084 ---** To designate the facility of the United States Postal
> Service located at 122 South Bill Street in Francesville, Indiana, as
> the "Malcolm Melville 'Mac' Lawrence Post Office"
>
> **H.R. 4841** --- To amend the Ojito Wilderness Act to make a
> technical correction
>
> **H.R. 4911 ---** Higher Education Extension Act of 2006
>
> **S. 2363 ---** A bill to extend the educational flexibility program
> under section 4 of the Education Flexibility Partnership Act of 1999
>
> **H.Res. 698 ---** Expressing the sense of the House of
> Representatives that all Americans should participate in a moment of
> silence to reflect upon the service and sacrifice of members of the
> United States Armed Forces both at home and abroad
>
> **H.Con.Res. 354 ---**Expressing the continued support of Congress for
> requiring an institution of higher education to provide military
> recruiters with access to the institution\'s campus and students at
> least equal in quality and scope to that which is provided to any
> other employer in order to be eligible for the receipt of certain
> Federal funds
>
> **S. 1184** --- To waive the passport fees for a relative of a
> deceased member of the Armed Forces proceeding abroad to visit the
> grave of such member or to attend a funeral or memorial service for
> such member
>
> **H.Con.Res. 190** --- Expressing the sense of the Congress that the
> Russian Federation should fully protect the freedoms of all religious
> communities without distinction, whether registered and unregistered
> as stipulated by the Russian Constitution and international standards
>
> **H.Con.Res. 350** --- Permitting the use of the rotunda of the
> Capitol for a ceremony as part of the commemoration of the days of
> remembrance of victims of the Holocaust
>
> **H.R. 4826** --- To extend through December 31, 2006, the authority
> of the Secretary of the Army to accept and expend funds contributed by
> non-federal public entities to expedite the processing of permits
>
> **H.R. \_\_\_** --- To amend the Harmonized Tariff Schedule of the
> United States to modify temporarily certain rates of duty, to make
> other technical amendments to the trade laws, and for other purposes

**S. 2084 --- To designate the facility of the United States Postal
Service located at 122 South Bill Street in Francesville, Indiana, as
the "Malcolm Melville 'Mac' Lawrence Post Office" (Senator Lugar,
R-IN)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, March 14, under a motion to suspend the rules and
pass the bill.

**[Summary]{.underline}**: S. 2084 would designate the U.S. Postal
facility located at 122 South Bill Street in Francesville, Indiana, as
the "Malcolm Melville 'Mac' Lawrence Post Office."

**[Additional Background]{.underline}**: Indiana native Mac Lawrence,
came ashore in the second wave at Omaha Beach in Normandy during World
War II. According to the bill sponsor, "Mac hit the beach on the second
wave with only a red cross on his shoulder to protect him. He fought to
save his buddies -- one wounded man at a time. For Staff Sergeant
Lawrence, as for the nation, there was so much at risk." He survived
D-Day and went on to earn two Silver Stars, two Bronze Star Medals and
two Purple Hearts before Europe was liberated. He dedicated his life to
others as a teacher in Francesville, Indiana, and raised his family. Mr.
Lawrence passed away in 2004.

**[Committee Action]{.underline}**: On November 18, 2005, the bill was
introduced in the Senate and passed by unanimous consent on March 3,
2006. An identical bill (H.R. 4346) was introduced in the House on
November 16, 2005 and referred to the Government Reform Committee.

**[Cost to Taxpayers]{.underline}**: The only costs associated with a
post office renaming are those with sign and map changes, none of which
significantly affect the federal budget.

**[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}**: Although a committee report
citing constitutional authority is unavailable, Article I, Section 8,
Clause 7 grants Congress the power to "establish Post Offices and post
Roads."

**[RSC Staff Contact]{.underline}**: Sheila Cole,
sheila.cole@mail.house.gov (202) 226-9719

H.R. 4841 --- To amend the Ojito Wilderness Act to make a technical
correction --- *as introduced* (*Udall, D-NM*)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Tuesday, March 14, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** H.R. 4841 would make the following technical
corrections to the Ojito Wilderness Act:

> Section 2(1) of the Ojito Wilderness Act (16 U.S.C. 1132 note; Public
> Law 109-94) is amended by striking 'October 1, 2004' and inserting
> 'January 24, 2006'

In short, the bill changes the date of the map referenced in the
original Act dated October 1, 2004. The map of the Ojito Wilderness Area
has been updated since passage of the Act, and this bill would bring the
Act into conformity with the current map, reflecting the updated
boundaries.

**[Additional Information]{.underline}:** The Ojito Wilderness Act (P.L.
109-94) designated 11,183 acres of land in New Mexico as the Ojito
Wilderness (and therefore, part of the National Wilderness Preservation
System) and authorized the Secretary of the Interior, under certain
circumstances, to expand that wilderness to include 118 additional acres
of land referenced in the bill (already federal BLM land).

[**Committee Action**:]{.underline} H.R. 4841 was introduced on March 1,
2006, and referred to the Committee on Resources' Subcommittee on
Forests and Forest Health, which took no official action.

[**Cost to Taxpayers**:]{.underline} A CBO score of H.R. 4841 is
unavailable, but the bill does not authorize new expenditures.

[**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 is unavailable.

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}** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

H.R. 4911 --- Higher Education Extension Act of 2006 --- *as introduced*
(McKeon, R-CA)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, March 14, 2005, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 4911 would extend the authorization (at
current, FY04 levels) for the Higher Education Act of 1965 (HEA) through
June 30, 2006. The authorization for HEA expired on September 30, 2005,
but the House passed a short-term extension through December 31, 2004,
and on December 17, 2005, passed a second extension through March 31,
2006. Current law allows for flexibility in the authorization depending
upon amendments to HEA enacted during FY05 or FY06.

**[Committee Action]{.underline}**: The bill was introduced on March 9,
2006, and referred to the Committee on Education and the Workforce,
which took no official action.

**[Cost to Taxpayers]{.underline}**: A cost estimate for H.R. 4911 is
not available. To view a CBO cost estimate for the last Higher Education
Extension, please see
<http://www.cbo.gov/ftpdocs/70xx/doc7016/hr4525pgo.pdf>.

**[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 is not available.

**[Staff Contact]{.underline}**: Joelle Cannon,
<joelle.cannon@mail.house.gov>, X69717

**S. 2363 -- A bill to extend the educational flexibility program under
section 4 of the Education Flexibility Partnership Act of 1999 --- *as
received* (Senator Burr, R-NC)**

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, March 14, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: For any state that was an Ed-Flex Partnership
state as of September 30, 2004, S. 2363 would extend the authorization
for the educational flexibility program under section 4 of the Education
Flexibility Partnership Act of 1999 until the date of enactment of No
Child Left Behind. No new states would be able to join the program until
it is reauthorized under No Child Left Behind.

**[Additional Information]{.underline}**: The Ed-Flex Partnership
Program was enacted by Congress in 1999, as part of former President
Clinton's Goals 2000 program. Ed-Flex is a pilot program which provides
participating states with increased flexibility in using federal
education funding, if they proved increased accountability for student
and teacher results. For more information on the Ed-Flex Partnership,
please see this Heritage Foundation article:
<http://www.heritage.org/Research/Education/EM571.cfm>.

**[Committee Action]{.underline}**: S. 2363 was passed in the Senate on
March 2, 2006, by Unanimous Consent, and received in the House of
Representatives on March 6, 2006.

**[Cost to Taxpayers]{.underline}**: There is no cost estimate available
for S. 2363.

**[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-]{.underline}**

[**Sector Mandates?**:]{.underline} No.

**RSC Staff Contact**: Joelle Cannon; joelle.cannon@mail.house.gov;
(202) 226-9717.

**H.Res. 698 ---** **Expressing the sense of the House of
Representatives that all Americans should participate in a moment of
silence to reflect upon the service and sacrifice of members of the
United States Armed Forces both at home and abroad --- *as introduced*
(Knollenberg, R-MI)**

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Tuesday, March 14, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 698 resolves that it is the sense of
the House of Representatives, "that all Americans should participate in
a moment of silence to reflect upon the service and sacrifice of members
of the United States Armed Forces both at home and abroad."

**[Additional Information]{.underline}**: The resolution lists a number
of findings, including the following:

-   "it was through the brave and noble efforts of the Nation's
    forefathers that the United States first gained freedom and became a
    sovereign nation;

-   "there are more than 1,300,000 active component and more than
    1,100,000 reserve component members of the Armed Forces serving the
    Nation in support and defense of the values and freedom that all
    Americans cherish;

-   "members of the Armed Forces are defending freedom and democracy
    around the globe and are playing a vital role in protecting the
    safety and security of all Americans;

-   "the nation officially celebrates and honors the accomplishments and
    sacrifices of veterans, patriots, and leaders who fought for
    freedom, but does not yet officially pay tribute to those who
    currently serve in the Armed Forces;

-   "March 26th, 2006, is designated as 'National Support the Troops
    Day'."

**[Committee Action]{.underline}**: H.Res. 698 was introduced on
February 28, 2005, and referred to the House Committee on Armed
Services, which took no official action.

**[Cost to Taxpayers]{.underline}**: The resolution authorizes no
expenditures.

**[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-]{.underline}**

**[Sector Mandates?]{.underline}**: No.

**RSC Staff Contact**: Joelle Cannon; joelle.cannon@mail.house.gov;
(202) 226-9717.

**H.Con.Res. 354 --- Expressing the continued support of Congress for
requiring an institution of higher education to provide military
recruiters with access to the institution\'s campus and students at
least equal in quality and scope to that which is provided to any other
employer in order to be eligible for the receipt of certain Federal
funds ---**

***as introduced* (Pombo, R-CA)**

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Tuesday, March 14, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Con.Res. 354 resolves that it is the sense
of Congress, "that Congress expresses continued support for requiring an
institution of higher education to provide military recruiters with
access to the institution's campus and students at least equal in
quality and scope to that which is provided to any other employer in
order to be eligible for the receipt of certain Federal funds."

**[Additional Information]{.underline}**: The Solomon Amendment (Section
983 of Title 10, U.S. Code) denies funding from the Departments of
Defense, Labor, Education, Health and Human Services, and Homeland
Security to colleges and universities that prohibit Reserve Officer
Training Corps (ROTC) access and military recruitment activities on
their campus. This law was enacted in the 1990s in response to some
colleges and universities that continue to maintain Vietnam-era bans
requiring ROTC to recruit off campus. On November 29, 2004, the U.S.
Court of Appeals for the Third Circuit issued a preliminary injunction
blocking enforcement of the Solomon Amendment. In short, the court held
that the Solomon Amendment infringes upon the First Amendment rights of
the law schools. The Third Circuit issued a stay of its decision
(leaving the law in place) and the Justice Department filed an appeal to
the U.S. Supreme Court.

In a related case (*Rumsfeld v. Forum for Academic and Institutional
Rights, Inc.*), on March 6, 2006, the Supreme Court ruled 8-0 to uphold
the authority of Congress to withhold federal funds from an institution
of higher education that prevents military recruiters from gaining
access to the institution\'s campus and students in a manner that is at
least equal in quality and scope to that which is provided to any other
employer.

The resolution lists a number of findings, including the following:

-   "the decision recognizes the authority of Congress under section 8
    of article I of the Constitution to raise and support armies,
    provide and maintain a navy, and make rules for the government and
    regulation of the land and naval forces;

-   "the national security interests of the United States are best
    served by a high level of military personnel readiness;

-   "the ability of the Armed Forces to recruit the best possible
    candidates from the widest available pool of talent is of paramount
    importance to national security;

-   "an institution of higher education that prevents military
    recruiters from gaining access to the institution\'s campus or
    students in a manner that is at least equal in quality and scope to
    that which is provided to any other employer does a disservice to
    those students who desire the opportunity to serve in the Armed
    Forces; and

-   "section 983 of title 10, United States Code, requires institutions
    of higher education to provide such equal access to military
    recruiters in order to be eligible for the receipt of certain
    federal funds."

**[Committee Action]{.underline}**: H.Con.Res. 354 was introduced on
March 8, 2006, and referred to the House Committees on Armed Services
and Education and the Workforce, neither of which took any official
action.

**[Cost to Taxpayers]{.underline}**: The resolution authorizes no
expenditures.

**[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-]{.underline}**

**[Sector Mandates?]{.underline}**: No.

**RSC Staff Contact**: Joelle Cannon; joelle.cannon@mail.house.gov;
(202) 226-9717.

**S. 1184 --- To waive the passport fees for a relative of a deceased
member of the Armed Forces proceeding abroad to visit the grave of such
member or to attend a funeral or memorial service for such member
(*Senator Biden, D-DE*)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, March 14, under a motion to suspend the rules and
pass the bill.

**[Summary]{.underline}**: S. 1184 would modify current law to add
additional relatives to those exempt from passport fees in certain
circumstances. Current law allows the widow, child, parent, brother or
sister of a deceased Armed Forces member to have their passport fees
waived when going abroad to visit the deceased's grave. This bill
extends the waiver to widowers and grandparents and also waives the fees
for all of these relatives to attend a funeral or memorial service, not
just visit the grave.

Changes made by S. 1184 shown in strike out and blue bold:

> 22 U.S.C. 214.
>
> Fees for execution and issuance of passports; persons excused from
> payment
>
> \(a\) ... **No passport fee shall be collected** from an officer or
> employee of the United States proceeding abroad in the discharge of
> official duties, or from members of his immediate family; from an
> American seaman who requires a passport in connection with his duties
> aboard an American flag-vessel; **~~or from a widow, child, parent,
> brother, or sister of a deceased member of the Armed Forces proceeding
> abroad to visit the grave of such member.~~** **or from a widow,
> widower, child, parent, grandparent, brother, or sister of a deceased
> member of the Armed Forces proceeding abroad to visit the grave of
> such member or to attend a funeral or memorial service for such
> member.** No execution fee shall be collected for an application made
> before a Federal official by a person excused from payment of the
> passport fee under this section.

**[Committee Action]{.underline}**: On December 22, 2005, the bill
passed the Senate by unanimous consent and was referred to the House
Committee on International Relations, which took no official action on
it.

**[Cost to Taxpayers]{.underline}**: According to CBO, information from
the Department of State indicates that in 2005 about 20 such applicants
had passport fees waived (costing from \$1,340 to \$1,940). Under
current law, passport fees range from \$67 to \$97, and such fees are
recorded as revenues. The State Department does not expect that
implementing this bill would significantly increase the number of
applicants eligible for fee waivers. Thus, CBO estimates that enactment
of this bill would have no significant impact on the federal budget.

**[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 is unavailable.

**[RSC Staff Contact]{.underline}**: Sheila Cole,
sheila.cole@mail.house.gov (202) 226-9719

H.Con.Res 190 --- Expressing the sense of the Congress that the Russian
Federation should fully protect the freedoms of all religious
communities without distinction, whether registered and unregistered as
stipulated by the Russian Constitution and international standards ---
*as introduced*

(Smith, R-NJ)

**[Order of Business]{.underline}:** The resolution is scheduled for
consideration on Tuesday, March 14, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}:** H. Con. Res. 190 states the following
findings, among other things:

-   "The Russian Federation is a participating State of the Organization
    for Security and Cooperation in Europe (OSCE) and has freely
    committed to fully respect the rights of individuals, whether alone
    or in community with others, to profess and practice religion or
    belief;

-   "Article 28 of the Constitution of the Russian Federation declares
    'everyone shall be guaranteed the right to freedom of conscience, to
    freedom of religious worship, including the right to profess,
    individually or jointly with others, any religion' and Article 8 of
    the 1997 Law on Freedom of Conscience and Religious Associations
    provides for registration for religious communities as 'religious
    organizations,' if they have at least 10 members and have operated
    within the Russian Federation with legal status for at least 15
    years;

-   "Many religious groups refuse to seek registration on theological or
    other grounds, while other communities have been unjustly denied
    registration or had their registration improperly terminated by
    local authorities;

-   "Over the past 2 years there have been an estimated ten arson
    attacks on unregistered Protestant churches, with little or no
    effective response by law enforcement officials to bring the
    perpetrators to justice; and

-   "In some areas of the Russian Federation law enforcement personnel
    have carried out violent actions against believers from unregistered
    communities peacefully practicing their faith."

The resolution states it is the sense of Congress that the United States
should:

1)  "urge the Russian Federation to ensure full protection of freedoms
    for all religious communities without distinction, whether
    registered and unregistered, and end the harassment of unregistered
    religious groups by the security apparatus and other government
    agencies;

2)  "urge the Russian Federation to ensure that law enforcement
    officials vigorously investigate acts of violence against
    unregistered religious communities, as well as make certain that
    authorities are not complicit in such attacks;

3)  "continue to raise concerns with the Government of the Russian
    Federation over violations of religious freedom, including those
    against unregistered religious communities, especially indigenous
    denominations not well known in the United States."

[**Committee Action**:]{.underline} H. Con. Res. 190 was introduced on
June 23, 2005, and referred to the Committee on International Relations'
Subcommittee on Africa, Global Human Rights and International
Operations. The bill was marked-up on November 15, 2006, and it was
reported to the House by unanimous consent.

[**Cost to Taxpayers**:]{.underline} The resolution authorizes no
expenditure.

[**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.

**[RSC Staff Contact:]{.underline}** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

H.Con.Res. 350 --- Permitting the use of the rotunda of the Capitol for
a ceremony as part of the commemoration of the days of remembrance of
victims of the Holocaust --- *as introduced* (Cantor, R-VA)

**[Order of Business]{.underline}:** The resolution is scheduled for
consideration on Tuesday, March 14, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}:** H. Con. Res 350 would authorize the rotunda
of the Capitol to be used on April 27, 2006, for a ceremony as "part of
the commemoration of the days of remembrance of victims of the
Holocaust."

[**Committee Action**:]{.underline} H. Con. Res. 350 was introduced on
March 2, 2006, and referred to the Committee on House Administration,
which took no official action.

[**Additional Background**:]{.underline} The 2006 Holocaust day of
remembrance is on April 25, 2006. The United States Holocaust Memorial
Museum is mandated by Congress to educate Americans about the history of
the Holocaust and to annually commemorate its victims in the National
Days of Remembrance observance. The Museum has designated "Legacies of
Justice" as the theme for the 2006 Days of Remembrance in memory of the
61^st^ anniversary of the liberation from Nazi concentration camps and
the subsequent prosecution under international law of major Nazi war
criminals at Nuremberg, Germany.

Holocaust Remembrance Day is a day that has been set aside for
remembering the victims of the Holocaust and for reminding Americans of
that horrific period in European History. The internationally recognized
date comes from the Hebrew calendar and corresponds to the 27th day of
Nisan on that calendar. In Hebrew, Holocaust Remembrance Day is called
*Yom Hashoah.* Source:
<http://www.ushmm.org/remembrance/dor/index.php?content=years/>

[**Cost to Taxpayers**:]{.underline} The resolution authorizes no
expenditure.

[**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.

**[RSC Staff Contact:]{.underline}** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

> **H.R. 4826 --- To extend through December 31, 2006, the authority of
> the Secretary of the Army to accept and expend funds contributed by
> non-federal public entities to expedite the processing of permits**

--- *as introduced* (*Baird, D-WA*)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Tuesday, March 14, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** H.R. 4826 would amend the Water Resources Act
of 2000, to extend the authority of the Secretary of the Army (from
March 31, 2006, to December 31, 2006) to accept and expend funds
contributed by non-federal public entities to expedite the processing of
permits for water projects.

**[Additional Information:]{.underline}** This authority was previously
extended by H.R. 3765 (P.L. 109-99)

[**Committee Action**:]{.underline} H.R. 4826 was introduced on March 1,
2006, and referred to the Committee on Transportation and
Infrastructures' Subcommittee on Water Resources and Environment, which
took no official action.

[**Cost to Taxpayers**:]{.underline} There is no CBO cost estimate
available for H.R. 4826.

[**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 is unavailable.

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}** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

H.R. \_\_--- To amend the Harmonized Tariff Schedule of the United
States to modify temporarily certain rates of duty, to make other
technical amendments to the trade laws, and for other purposes (Shaw,
R-FL)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, March 14, under a motion to suspend the rules and
pass the bill.

**[Summary]{.underline}**: H.R. \_\_ would temporarily suspend or reduce
(through December 31, 2009) tariffs on hundreds of imported
products---from chemicals to footwear to basketballs. According to the
Ways & Means Committee, most of these imported products are used in
relatively small quantities by a very niche market and have no domestic
production. That is, the tariffs on these products are not designed to
protect domestic industries from unfair competition; they are merely
taxes on importers (that are usually passed on to American consumers).
According to the Committee's Trade Subcommittee, the industries that
will benefit from the lower or suspended tariffs in this bill include
makers of automobiles, motorcycles, chemicals, pesticides, heavy
equipment, micro-optic equipment, natural gas, pharmaceuticals, steel,
toys, semiconductors, and textiles.

The bill would also provide that the current personal-use exemption for
cigarette and smokeless tobacco importation does not apply to imports
sold through the mail, by phone, or over the Internet (or any other way
in which the seller and buyer are not in the same physical presence when
the request for purchase is made) and would grant state enforcement
officials increased access to U.S. Customs documents related to tobacco
importation to prevent illegal importation.

Lastly, the bill would correct (or "reliquidate") various tariff errors
assessed on past imports.

**[Additional Background]{.underline}**: Congress usually passes a
miscellaneous trade bill every Congress. The last one was a bill by
former Rep. Phil Crane (R-IL), which became Public Law 108-429.
According to the Trade Subcommittee of the Ways & Means Committee, no
provision can be included in this bill unless it has been fully vetted,
came under no objection, has less than a \$500,000 revenue effect per
year, and appears to be administrable.

**[Committee Action]{.underline}**: The bill was introduced on March 13,
2006, and referred to the Ways & Means Committee, which took no public
action.

**[Cost to Taxpayers]{.underline}**: CBO reports (informally, as of
press time) that this bill would reduce revenues by \$17.5 million in
FY2006 and by a total of \$277.3 million over the FY2006-FY2010 period.
Note this estimate does not account for the stimulative effects of
tariff reductions on the economy.

**[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}**: Although a committee report
citing constitutional authority is unavailable, Article I, Section 8,
Clause 1 grants Congress the power to "lay and collect Taxes, Duties,
Imposts and Excises...."

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

\###