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# Legislative Bulletin...........................................December 6, 2006

> **Contents:**
>
> **H.R. 6099** --- Unborn Child Pain Awareness Act of 2006
>
> **H.R. 3248 ---** Lifespan Respite Care Act of 2005
>
> **S. 843** --- Combating Autism Act of 2006
>
> ***H.R. \_\_\_** --- To amend Title 38, United States Code, to extend
> certain expiring provisions of law administered by the Secretary of
> Veterans Affairs, to expand eligibility for the Survivors' and
> Dependents' Educational Assistance program, and for other purposes*
>
> **S. 4073**---Robert Silvey Department of Veterans Affairs Outpatient
> Clinic Designation Act
>
> **S. 1820** --- A bill to designate the facility of the United States
> Postal Service located at 6110 East 51st Place in Tulsa, Oklahoma, as
> the "Dewey F. Bartlett Post Office"
>
> **S. 3722** --- Naval Vessels Transfer Act of 2006
>
> **S. 2125** --- Democratic Republic of the Congo Relief, Security, and
> Democracy Promotion Act of 2006
>
> **H.Res. 1082** --- Condemning the decision by the city of St. Denis,
> France, to name a street in honor of Mumia Abu-Jamal, the convicted
> murderer of Philadelphia Police Officer Danny Faulkner
>
> **H.Res. \_\_**---Honoring the life and accomplishments of Ruth Brown
> and expressing condolences to her family on her death
>
> **S. 1998** --- Stolen Valor Act of 2005
>
> **H.R. 5076** --- National Transportation Safety Board Amendments Act
> of 2006
>
> **H.R. 5782 ---** Pipeline Safety Improvement Act of 2006
>
> **HR 1674** **---** Tsunami Warning and Education Act

**H.Res. 1089** --- Honoring the life of Milton Friedman

**H.Res. 1084**---To honor the contributions and life of Edward R.
Bradley

H.R. 6099 --- Unborn Child Pain Awareness Act of 2006 --- *as
introduced*

(Smith, R-NJ)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}:** H.R. 6099 would require an abortionist who
knowingly performs an abortion of a "pain-capable unborn child" to
provide the following information or services to the pregnant mother:

1)  the probable age of development of the unborn baby since
    fertilization;

2)  an Unborn Child Pain Awareness (UCPA) brochure (described below)
    unless she waives receipt;

3)  drugs administered to the mother may not prevent the unborn child
    from feeling pain, but in some cases, anesthesia or similar drugs
    can be administered directly to the unborn child;

4)  a description of the risks involved, if any, of administering an
    anesthesia or similar drug and its associated costs;

5)  if the abortionist cannot or will not provide the anesthesia if
    requested, the abortionist is required to:

    a.  arrange for a qualified specialist to administer the anesthesia,
        or

    b.  advise the pregnant woman where she can obtain such anesthesia,
        or that the abortionist is unable to perform the abortion if the
        woman requires the anesthesia for her unborn child; and

6)  obtain the woman's signature on the UCPA Decision Form and her
    explicit request for, or refusal of, anesthesia or pain reducing
    drugs for the unborn child.

Additional provisions of the bill are as follows:

-   the information described above must be provided by the abortionist
    to the pregnant mother prior to initiating the abortion procedure,
    and provided in a manner that permits the woman to ask questions of
    and receive answers from the abortionist;

-   defines a "pain-capable unborn child" as an unborn child who has
    reached a probable stage of development of 20 weeks or more after
    fertilization;

-   provides that nothing in the bill may be construed to impede an
    abortionist from offering their own evaluation on the capacity of
    the unborn child to experience pain, the advisability of
    administering anesthesia to the unborn child, or any other matter,
    as long as the abortionist complies with the aforementioned
    requirements; and

-   requires the Secretary of Health and Human Services (HHS) to a)
    develop the UCPA brochure, b) write the brochure in both English and
    Spanish (among other requirements), c) provide it to abortionists at
    no charge, and d) include the following statement in the brochure:

> Your doctor has determined that, in his or her best medial judgment,
> your unborn child is at least 20 weeks old. There is a significant
> body of evidence that unborn children at 20 weeks after fertilization
> have the physical structures necessary to experience pain. There is
> substantial evidence that at least by this point, unborn children draw
> away from surgical instruments in a manner which in an infant or an
> adult would be interpreted as a response to pain. ***There is
> substantial evidence that the process of being killed in an abortion
> will cause the unborn child pain, even though you receive a
> pain-reducing drug or drugs.*** Under the Federal Unborn Child Pain
> Awareness Act of 2006, ***you have a right to know that there is
> evidence that the process of being killed in an abortion will cause
> your unborn child pain.*** You may request that anesthesia or other
> pain-reducing drug or drugs are administered directly to the
> pain-capable unborn child if you so desire. The purpose of
> administering such drug or drugs would be to reduce or eliminate the
> capacity of the unborn child to experience pain during the abortion
> procedure. In some cases, there may be some additional risk to you
> associated with administering such a drug. *(emphasis added)*

-   requires the HHS Secretary to develop the UCPA form, containing
    similar statements as the brochure, which must be signed by the
    pregnant woman prior to the abortion procedure;

-   creates an exception for certified medical emergencies (defined in
    the bill). Part of the definition explicitly states that a "medical
    emergency" does **not** include emotional, psychological or mental
    disorders or conditions;

-   establishes civil penalties for willfully failing to comply with
    this Act, and authorizes: a) the Attorney General to bring a civil
    action under this Act; and b) private rights of action for
    violations of this Act; and

-   Provides for a fine up to \$100,000 for a violation of this Act, and
    a fine up to \$250,000 for a second and subsequent violations.

The bill also states a number of findings, including the following:

-   "At least by 20 weeks after fertilization, an unborn child has the
    physical structures necessary to experience pain;

-   "There is substantial evidence that by 20 weeks after fertilization,
    unborn children draw away from certain stimuli in a manner which in
    an infant or an adult would be interpreted as a response to pain;

-   "There is substantial evidence that the abortion methods most
    commonly used 20 weeks or more after fertilization cause substantial
    pain to an unborn child, whether by dismemberment, poisoning,
    penetrating or crushing the skull, or other methods. Examples of
    abortion methods used 20 weeks or more after fertilization include,
    but are not limited to the following:

a)  "The dilation and evacuation (D and E) method of abortion is
    commonly performed in the second trimester of pregnancy. In a
    dilation and evacuation abortion, the unborn child\'s body parts are
    grasped with a long-toothed clamp. The fetal body parts are then
    torn from the body and pulled out of the vaginal canal. The
    remaining body parts are grasped and pulled out until only the head
    remains. The head is then grasped and crushed in order to remove it
    from the vaginal canal.

b)  "Partial-birth abortion is an abortion in which the abortion
    practitioner delivers an unborn child\'s body until only the head
    remains inside the womb, punctures the back of the child's skull
    with a sharp instrument, and sucks the child's brains out before
    completing the delivery of the dead infant, and as further defined
    in 18 U.S.C. 1531.

-   "Expert testimony confirms that by 20 weeks after fertilization an
    unborn child may experience substantial pain even if the woman
    herself has received local analgesic or general anesthesia;

-   "There is a valid Federal Government interest in preventing or
    reducing the infliction of pain on sentient creatures. Examples of
    this are laws governing the use of laboratory animals and requiring
    pain-free methods of slaughtering livestock...; and

-   "There is a valid Federal Government interest in preventing harm to
    developing human life at all stages..."

**[Additional Background]{.underline}:** According to the sponsor's
office, "Doctors and nurses work diligently to reducing the pain that
premature babies experience in the neonatal unit, even using protocols
to reduce the number of heel sticks that he or she undergoes. Why?
Because it is clear that these little ones feel pain. Yet, at the same
stage of development, babies like the "preemies" in neonatal units
around the country are routinely destroyed in abortion clinics - without
so much as pain reducing medication."

**[Committee Action]{.underline}:** H.R. 6099 was introduced on
September 19, 2006, and referred to the Committee on Energy and
Commerce's Subcommittee on Health, which took no official action.

**[Cost to Taxpayers]{.underline}:** A CBO score of H.R. 6099 is
unavailable, but the bill does not authorize new expenditures. However,
minor indirect costs may be incurred by HHS, such as the cost of
printing and distributing the UCPA brochure and form.

**[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}:** Yes. As noted above, the bill
places additional requirements on abortionists prior to performing an
abortion procedure.

**[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. 3248 - Lifespan Respite Care Act of 2005**
>
> --- *as amended* (Ferguson, R-NJ)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the bill, as amended.

**Note:** Under House Republican Conference Rules, legislation creating
new programs may [not]{.underline} be considered by the House on the
Suspension Calendar. H.R. 3248, which creates two new programs, received
such a waiver from the elected Leadership.

**[Summary]{.underline}**: H.R. 3248 would authorize the Department of
Health and Human Services (HHS) to **establish a new grant program** and
award grants or cooperative agreements to certain state agencies to
achieve the following goals:

-   "to expand and enhance respite care services to family caregivers;

-   "to improve the statewide dissemination and coordination of respite
    care; and

-   "to provide, supplement, or improve access and quality of respite
    care services to family caregivers."

Specifically, grant recipients may use the funds for the following
purposes:

-   "to develop or enhance lifespan respite care at the State and local
    levels;

-   "to provide respite care services for family caregivers caring for
    children or adults;

-   "to train and recruit respite care workers and volunteers;

-   "to provide information to caregivers about available respite and
    support services; and

-   "to assist caregivers in gaining access to such services."

The bill requires, as a condition for the receipt of a grant or
cooperative agreement, that the state agency provide 25% of the funding
from non-federal services.

H.R. 3248 directs HHS to **establish a new National Resource Center on
Lifespan Respite Care** by awarding a grant or cooperative agreement to
a public or private nonprofit entity. The Center is to maintain a
national database on lifespan respite care, provide training and
technical assistance to respite care programs, and to provide
information, referral, and educational programs to the public on
lifespan respite care.

H.R. 3248 authorizes \$30 million in FY07 and \$289 million over five
years for the establishment of these two new programs.

**[Additional Information]{.underline}**: Respite care "refers to short
term, temporary care provided to people with disabilities in order that
their families can take a break from the daily routine of caregiving.
...One of the important purposes of respite is to give family members
time and temporarily relieve the stress they may experience while
providing extra care for a son or daughter with mental retardation or
other disability." ([www.thearc.org](http://www.thearc.org/))

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that this bill authorizes \$289 million for the
establishment of a new grant program and a new National Resource Center
on Lifespan Respite Care.

**[Committee Action]{.underline}**: H.R. 3248 was introduced on July 12,
2005, and was referred to the Committee on Energy and Commerce, which
considered it, held a sub-committee mark-up, and reported the bill, as
amended, by voice vote on September 20, 2006.

**[Cost to Taxpayers]{.underline}**: CBO confirms that H.R. 3248 would
authorize \$30 million in FY07, and \$289 million over five years in
discretionary spending.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill creates a new grant program
and a new National Resource Center on Lifespan Respite Care.

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

**[Constitutional Authority]{.underline}:** No Committee Report citing
constitutional authority is available for H.R. 3248. 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}** Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-0718.

S. 843 --- Combating Autism Act of 2006 --- *as received*\
(Sen. Santorum, R-PA)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the bill.

[Note]{.underline}: Under House Republican Conference Rules, legislation
creating new programs or reauthorizing sunset programs may
[not]{.underline} be considered by the House on the Suspension Calendar.
This rule may be waived by a vote of the elected leadership. S. 843,
***which creates at least two new grant programs and one new federal
interagency committee,*** received such a waiver from the elected
Leadership.

**[Summary]{.underline}:** S. 843 would amend the Public Health Service
Act to modify provisions governing the National Institutes of Health
(NIH) autism research. The specific provisions of the bill are as
follows:

-   requires the Secretary of Health and Human Services (HHS), acting
    through the Director of NIH, to develop and implement a strategic
    plan to conduct and support autism spectrum disorder research (with
    certain additional stipulations);

-   requires the HHS Secretary to submit an annual report to Congress
    that includes a strategic plan for the research and a detailed
    expenditure report;

-   requires the NIH Director to award grants or contracts to public and
    nonprofit private entities to establish autism centers of excellence
    regarding environmental health and autism spectrum disorder;

-   requires the HHS Secretary, acting through the Director of the
    Centers for Disease Control and Prevention (CDC), to establish
    mechanisms and entities to collect, store, coordinate, and make
    publicly available the data collected by the centers of excellence
    and data generated from public and private research partnerships;

-   allows the CDC to award grants or cooperative agreements for the
    collection, analysis, and reporting of state epidemiological data on
    autism spectrum disorder and other developmental disabilities;

-   requires the CDC to award grants or cooperative agreements for the
    establishment of regional centers of excellence to collect and
    analyze information on the number, incidence, correlates and causes
    of these disabilities;

-   requires the HHS Secretary to establish and evaluate activities
    to: 1) inform and educate on autism spectrum disorder and related
    disabilities to increase awareness of developmental milestones; 2)
    promote research into the development and validation of reliable
    screening tools for these disabilities; 3) promote early screening
    of individuals at higher risk for these disabilities; and 4)
    increase the number of individuals who are able to confirm or rule
    out a diagnosis of these disabilities and provide evidence-based
    interventions for individuals diagnosed with these disabilities;

-   requires the HHS Secretary to: 1) develop a curriculum for
    continuing education, early detection, and intervention of autism,
    and to train individuals in recognizing the need for valid and
    reliable screening tools;

-   requires the HHS Secretary to establish a new Interagency Autism
    Coordinating Committee to: 1) coordinate all efforts within HHS
    concerning autism spectrum disorder; 2) make recommendations
    concerning the strategic plan; 3) develop and annually update
    advances in research; and 4) make recommendations to the Secretary
    regarding public participation in decisions relating to this
    disorder;

-   requires the HHS Secretary, in coordination with the Education
    Secretary, to prepare and submit a progress report (within four
    years of enactment of this Act) to Congress on autism spectrum
    disorder and related activities;

-   repeals certain provisions in current law (contained in the
    Children's Health Act; P.L. 106-310) that: 1) require NIH to expand,
    intensify, and coordinate autism research activities (Section
    101); 2) allow CDC Director to make awards of grants and cooperative
    agreements to collect, analyze, and report data on autism and
    pervasive developmental disabilities; 3) require the HHS Secretary
    to establish a program to provide information and education on
    autism to health professionals and the general public; and 4)
    require the HHS Secretary to establish the Autism Coordinating
    Committee to coordinate all HHS efforts concerning autism.

[**[Possible Conservative Concerns]{.underline}:** As noted above, this
legislation increases authorization levels for autism related programs
by \$300 million, authorizes \$1 billion over the next five years,
creates at least two new federal grant programs and a federal
interagency committee.]{.mark}

**[Committee Action]{.underline}:** S. 843 was introduced in the Senate
on April 19, 2005, and passed the Senate by unanimous consent on August
3, 2006 It was referred to the House Committee on Energy and Commerce's
Subcommittee on Health, which took no official action.

**[Cost to Taxpayers]{.underline}:** According to CBO, **S. 843 will
authorize \$147 million for F&07 and \$1 billion over the FY07-FY11
period**.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}:** Yes, as noted above.

**[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

S. 4073---Robert Silvey Department of Veterans Affairs Outpatient Clinic
Designation Act---*as received* (Sen. Talent, R-MO)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, December 6^th^, under a motion to suspend the
rules and pass the bill. The Senate passed the bill by unanimous consent
on November 16, 2006.

**[Summary]{.underline}**: S. 4073 would designate the outpatient clinic
of the Department of Veterans Affairs in Farmington, Missouri, as the
"Robert Silvey Department of Veterans Affairs Outpatient Clinic."

**[Additional Background]{.underline}**: Additional information on
Robert Silvey was unavailable at press time.

**[Committee Action]{.underline}**: The bill was not referred to a House
committee.

**[Cost to Taxpayers]{.underline}**: A building designation yields only
insignificant costs to taxpayers (for sign changes, etc.).

**[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}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

S. 1820 --- A bill to designate the facility of the United States Postal
Service located at 6110 East 51st Place in Tulsa, Oklahoma, as the
"Dewey F. Bartlett Post Office" --- *as received* (Sen. Inhofe, R-OK)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 1820 designates the postal facility
located at 6110 East 51st Place in Tulsa, Oklahoma, as the "Dewey F.
Bartlett Post Office."

**[Additional Information]{.underline}**: Dewey Bartlett graduated from
Princeton University 1942. In World War II, he served in the United
States Marine Corps as a dive bomber pilot in the South Pacific Theater.
He was elected to the Oklahoma Senate in 1962. Bartlett served as
Governor of Oklahoma from 1967 to 1971. In 1972, he was elected to the
United States Senate in 1972. Bartlett died in Tulsa, Oklahoma on March
1, 1979.

**[Committee Action]{.underline}**: S. 1820 was received from the Senate
on March 6, 2006.

**[Cost to Taxpayers]{.underline}**: The only costs associated with a
postal facility renaming are those for 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 no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 of the Constitution grants Congress the authority to establish
Post Offices and post roads.

**[RSC Staff Contact]{.underline}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

S. 3722 --- Naval Vessels Transfer Act of 2006

--- *as amended* (Sen. Lugar, R-IN)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the bill, as amended.

**[Summary]{.underline}**: S. 3722 transfers two minehunter coastal
ships to Lithuania, and one to Turkey. The bill also authorizes the sale
of two minehunters to Taiwan, a minehunter to Turkey, and two amphibious
transport dock ships to Mexico. S. 3722 states that the costs of any
transfer of the granted vessels will be borne by the recipient. If a
ship requires repair or refurbishment before joining a foreign navy, the
President is directed to require that the recipient country refurbish or
repair the ship at a U.S. shipyard.

S. 3722 amends the Department of Defense Appropriations Act, 2005, by
extending the time to transfer surplus military items to Israel from two
years to four years (from August 5, 2006 to August 6, 2010).

The bill amends the Foreign Assistance Act of 1961 by increasing the
value of military goods allowed to be added to Defense stockpiles for
use by allied or foreign countries from \$100 million to \$200 million
in the years 2007 and 2008. S. 3722 also increases the amount of
military equipment in stockpiles available to Israel from \$100 million
to \$200 million per year.

The bill amends the Emergency Wartime Supplemental Appropriations Act,
2003 by extending the date that the U.S. may offer Israel foreign aid,
in the form of loan guarantees, from September 30, 2007, to September
30, 2011. S. 3722 extends the authority of the U.S. to guarantee loans
up to the amount authorized to be guaranteed from September 30, 2007,
until the maximum amount of loan guarantees is reached, to September 30,
2011, until the maximum amount of loan guarantees is reached.

**[Committee Action]{.underline}**: S. 3722 was received from the Senate
on September 8, 2006.

**[Cost to Taxpayers]{.underline}**: CBO estimates that S. 3722 will
increase offsetting receipts by \$60 million over the 2007-2011 period.
Offsetting receipts are considered to reduce mandatory spending.

**[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}**: S. 3722 has no committee
report.

**[RSC Staff Contact]{.underline}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

**S. 2125 --- Democratic Republic of the Congo Relief, Security, and
Democracy Promotion Act of 2006 --- *as amended* *(Sen. Obama, D-IL)***

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the bill, as amended.

**[Summary]{.underline}**: S. 2125 declares, in part, that it is the
policy of the United States to:

-   assist the Democratic Republic of Congo (DRC) "to meet the basic
    needs of its citizens, including...access to health care, education,
    food, shelter, and clean drinking water;"

-   to promote religious organizations, the media, political parties,
    trade unions, and trade and business associations; and

-   to promote appropriate use of forests in the DRC in a manner that
    protects environmental interests.

S. 2125 authorizes \$52 million in both 2006 and 2007 for implementing
the Foreign Assistance Act of 1961, the Agricultural Trade Development
and Assistance Act of 1954, and the Arms Export Control Act in the DRC.
Additionally, the bill declares it is the sense of Congress that the
Department of State should submit budgets in 2008 and 2009 that seek
increases in funding for the DRC if progress is being made on the policy
goals stated in S. 2125.

The bill states that it is the sense of Congress that the DRC must be
committed to the policy goals expressed in S. 2125, listed above.
Additionally, the bill states the Secretary of State should withhold
Foreign Assistance Act of 1961 aid, except humanitarian, peacekeeping,
and counterterrorism aid, to countries attempting to destabilize the
DRC.

The bill requires the Comptroller General of the United States to report
to Congress on the DRC's progress in achieving these policy goals. The
report should include a description of impediments to achieving the
policy goals in the bill, an evaluation of U.S. policies and programs,
and suggestions for improving those efforts.

The bill directs the President to appoint a Special Envoy for the Great
Lakes Region to coordinate efforts in Eastern Congo.

S. 2125 states the U.S. should urge the U.N. to investigate and
prosecute members of the United Nations Peacekeeping Mission in the
Democratic Republic of Congo (MONUC) responsible for sex abuses, and
should conclude a Memorandum of Understanding for binding conduct
regulations for MONUC members. The bill states MONUC authority should be
strengthened by offering U.S. personnel and military assets, granting
MONUC specific authority to counter imminent threats, changing MONUC's
rules of engagement to further protect civilians, and enhancing MONUC's
surveillance and intelligence-gathering capabilities. The bill also
states the U.S. should seek to strengthen the arms embargo imposed by
Security Council Resolution 1493.

S. 2125 states that the U.S. should use its voice and vote to urge
additional humanitarian and developmental assistance to the DRC from the
World Food Program, the U.N. Development Program, and the U.N. High
Commissioner for Refugees.

S. 2125 lists a number of findings, including the following:

-   "The most recent war in the Democratic Republic of the Congo, which
    erupted in 1998, spawned some of the world's worst human rights
    atrocities and drew in six neighboring countries; and

-   "Despite the conclusion of a peace agreement and subsequent
    withdrawal of foreign forces in 2003, both the real and perceived
    presence of armed groups hostile to the Governments of Uganda,
    Rwanda, and Burundi continue to serve as a major source of regional
    instability and an apparent pretext for continued interference in
    the Democratic Republic of the Congo by its neighbors."

**[Committee Action]{.underline}**: S. 2125 was received from the Senate
on July 10, 2006, and referred to the Committee on International
Relations. The bill was marked-up, and on September 13, 2006, the
committee unanimously agreed to seek to have the bill on the suspension
calendar.

**[Cost to Taxpayers]{.underline}**: CBO estimates that S. 2125
authorizes \$52 million in 2006, and \$52 million in 2007. However, CBO
states that appropriation of the 2006 amount is unlikely.

**[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}**: S. 2125 has no committee
report.

**[RSC Staff Contact]{.underline}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

H.Res. 1082 --- Condemning the decision by the city of St. Denis,
France, to name a street in honor of Mumia Abu-Jamal, the convicted
murderer of Philadelphia Police Officer Danny Faulkner

--- *as introduced* (Fitzpatrick, R-PA)

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 1082 resolves that Congress:

-   "condemns the murder of Philadelphia Police Officer Danny Faulkner;

-   "urges the municipal government of St. Denis to take immediate
    action to change the name of Rue Mumia Abu-Jamal and, if such action
    is not taken by the municipal government of St. Denis, urges the
    Government of France to take appropriate action against the city of
    St. Denis to change the name of Rue Mumia Abu-Jamal; and

-   "commends all police officers in the United States and throughout
    the world for their commitment to public service and public safety."

[]{.mark}

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

-   "on the night of December 9, 1981, Police Officer Danny Faulkner was
    shot and killed in cold blood during a traffic stop in Philadelphia,
    Pennsylvania;

-   "Mumia Abu-Jamal struck Officer Faulkner four times in the back with
    his gun; although seriously injured, Officer Faulkner returned fire,
    striking his attacker; undeterred, Mumia Abu-Jamal stood over
    Officer Faulkner and shot him in the face, mortally wounding him;
    Mumia Abu-Jamal attempted to flee, but collapsed several feet from
    the slain Officer Faulkner, murder weapon in hand;

-   "Mumia Abu-Jamal was charged and convicted of first degree murder by
    a jury of his peers; although Mumia Abu-Jamal has had numerous legal
    appeals, including appeals to the Pennsylvania Commonwealth Court of
    Appeal, the Pennsylvania State Supreme Court, and the United States
    Supreme Court, his conviction has been upheld each time;

-   "on April 29, 2006, the municipal government of St. Denis, a suburb
    of Paris, dedicated a street in the honor of Mumia Abu-Jamal;

-   "December 9, 2006, marks the 25th anniversary of Officer Danny
    Faulkner's murder at the hand of Mumia Abu-Jamal; and

-   "the official recognition and celebration of a convicted murderer of
    a United States police officer is an affront to law enforcement
    officers across the nation."

**[Committee Action]{.underline}**: H.Res. 1082 was introduced on
November 14, 2006, and referred to the House Judiciary Committee and the
House International Relations Committee, which took no official actions.

**[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}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

**H.Res. \_\_---Honoring the life and accomplishments of Ruth Brown and
expressing condolences to her family on her death---*as introduced***

**(*Conyers, D-MI*)**

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Wednesday, December 6^th^, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.Res. \_\_ would resolve that the House:

-   "honors the life and accomplishments of Ruth Brown;

-   "recognizes Ruth Brown's immeasurable contributions to the Nation
    through both her music and her advocacy on behalf of rhythm and
    blues artists; and

-   "expresses its deepest condolences to Ruth Brown's family and
    friends."

**[Additional Background]{.underline}**: Ruth Brown was a famous rhythm
and blues singer who was inducted into the Rock and Roll Hall of Fame in
1993. She died last month. For more biographical information on Ruth
Brown, visit this webpage:
<http://www.rockhall.com/hof/inductee.asp?id=72>.

**[Committee Action]{.underline}**: The resolution is being introduced
on December 5, 2006.

**[Cost to Taxpayers]{.underline}**: The resolution would authorize no
spending.

**[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}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

S. 1998 --- Stolen Valor Act of 2005 --- *as received* *(Sen. Conrad,
D-ND)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 1998 lists three of findings:

-   "Fraudulent claims surrounding the receipt of the Medal of Honor,
    the distinguished-service cross, the Navy cross, the Air Force
    cross, the Purple Heart, and other decorations and medals awarded by
    the President or the Armed Forces of the United States damage the
    reputation and meaning of such decorations and medals;

-   "Federal law enforcement officers have limited ability to prosecute
    fraudulent claims of receipt of military decorations and medals; and

-   "Legislative action is necessary to permit law enforcement officers
    to protect the reputation and meaning of military decorations and
    medals."

S. 1998 makes a federal crime, punishable by fine or up to six months
imprisonment, or both, of knowingly purchasing, attempting to purchase,
soliciting for purchase, mailing, shipping, importing, exporting,
producing blank certificates of receipt for, manufacturing, selling,
attempting to sell, advertising for sale, trading, bartering, or
exchanging any decoration or medal authorized by Congress for the armed
forces of the United States, or any of the service medals or badges
awarded to the members of such forces, or the ribbon, button, or rosette
of any such badge, decoration or medal, or any colorable imitation
thereof, except when authorized under regulations made pursuant to law.

The bill also makes a federal crime, punishable by fine or up to six
months imprisonment, or both, of making false claims of having been
awarded any decoration or medal authorized by Congress for the armed
forces of the United States, or any of the service medals or badges
awarded to the members of such forces, or the ribbon, button, or rosette
of any such badge, decoration or medal, or any colorable imitation
thereof.

S. 1998 creates new penalties for committing these new federal offenses
when related to a distinguished-service cross, a Navy cross, an Air
Force cross, a silver star, or a Purple Heart. Such offenses carry the
penalty of a fine or imprisonment up to one year, or both.

**[Committee Action]{.underline}**: S. 1998 was introduced on September
8, 2006, and referred to the Committee on the Judiciary, which took no
official action.

**[Cost to Taxpayers]{.underline}**: S. 1998 has no CBO score.

**[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}**: S. 1998 has no committee
report.

**[RSC Staff Contact]{.underline}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

H.R. 5076 --- National Transportation Safety Board Amendments Act of
2006 []{.mark}--- *as amended* (Young, R-AK)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, December 5, 2006, under a motion to suspend
the rules and pass the bill, as amended.

[Note]{.underline}: Under House Republican Conference Rules, legislation
authorizing more than a ten percent increase in authorizations in any
given year may not be considered by the House on the Suspension
Calendar. This rule may be waived by a vote of the elected Leadership.
H.R. 5076, which appears to authorize more than a ten percent increase
in authorizations, has not received such a waiver from the elected
Leadership.

**[Summary]{.underline}**: H.R. 5076 authorizes \$81.6 million in FY07,
\$100.0 million in FY08, and \$104.8 million in FY09, for the National
Transportation Safety Board (NTSB).

The bill moves \$2 million from the Air Transportation Safety and System
Stabilization fund to the emergency fund for unexpected accident
investigation costs. H.R. 5076 authorizes appropriations to maintain the
emergency fund at \$4 million.

H.R. 5076 strikes language relating to the NTSB Academy for training
accident investigators, and amends the language of the law to allow the
Board to collect fees, refunds, and reimbursements for services provided
through the Board. The bill strikes the language relating to a separate
report on the Academy's activities to incorporate the Academy report
into the NTSB's annual report.

The bill expands the power of the NTSB to investigate accidents from
investigating accidents on U.S. navigable waters and territorial seas to
all waters subject to U.S. jurisdiction. Additionally, H.R. 5076 creates
a new, staffed office to investigate and report on marine accidents.

H.R. 5076 removes a provision from current law requiring the NTSB to
reimburse the Inspector General of the Department of Transportation for
its oversight of NTSB activities.

The bill makes permanent the authority of the NTSB to contract for
investigative services.

Finally, the bill directs the Secretary of Transportation to select the
least costly alternative to improve runway safety after environmental
review.

**[Additional Information]{.underline}**: According to Committee Report
[109-512](http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_reports&docid=f:hr512.109.pdf),
the NTSB's authorization expired September 30, 2006. Additionally, the
H.R. 5076 provisions striking the language relating to the Academy, but
still allowing the Board to recoup fees, refunds, and reimbursements for
services rendered by the Board, is an attempt to reduce the amount of
investigative resources used at the Academy.

**[Committee Action]{.underline}**: H.R. 5076 was introduced on April 4,
2006, and referred to the Committee on Transportation and
Infrastructure's Subcommittee on Aviation. The bill was marked-up and
was ordered reported to the House by voice vote on April 5, 2006.

**[Cost to Taxpayers]{.underline}**: CBO estimates that H.R. 5076
authorizes \$82 million in 2007; \$287 million over the 2007-2011
period. Additionally, CBO estimates that the bill will have no
significant impact on direct spending.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill expands the power of the NTSB
to investigate accidents from only on U.S. navigable waters and
territorial seas to on or under all waters subject to U.S. jurisdiction.
In addition, the bill creates a new, staffed office to investigate and
report on marine accidents.

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

**[Constitutional Authority]{.underline}**: Committee Report 109-512
cites constitutional authority for this legislation in Article 1,
Section 8 of the Constitution, but fails to cite a specific Clause.

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}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

> **H.R. 1674 --- United States Tsunami Warning and Education Act**
>
> --- *as amended* (Boehlert, R-NY)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the bill, as amended.

**Note:** Under House Republican Conference Rules, legislation creating
new programs may [not]{.underline} be considered by the House on the
Suspension Calendar. H.R. 1674, which creates four new programs,
received such a waiver from the elected Leadership.

**[Summary]{.underline}**: H.R. 1674 would direct the National
Administrator of the National Oceanic and Atmospheric Administration
(NOAA) to establish a new program to provide tsunami detection,
forecasting, and warnings for the Pacific and Artic Ocean regions and
for the Atlantic Ocean, Caribbean Sea, and the Gulf of Mexico regions.
The new program is to perform the following functions, among other
functions described in the bill:

-   operate the tsunami warning centers established by this legislation;

-   utilize and maintain an array of robust tsunami detection
    technologies;

-   maintain detection equipment in operational condition to fulfill the
    detection, forecasting, and warning requirements of this Act;

-   provide tsunami forecasting capability based on models and
    measurements, including tsunami inundation models and maps for use
    in increasing the preparedness of communities, including through the
    TsunamiReady program;

-   maintain data quality and management systems to support the
    requirements of the program; and

-   provide a capability for the dissemination of warnings to at-risk
    States and tsunami communities through rapid and reliable
    notification to government officials and the public, including
    utilization of and coordination with existing Federal warning
    systems.

H.R. 1674 would direct NOAA to maintain or establish the following:

-   a Pacific Tsunami Warning Center in Hawaii;

-   a West Coast and Alaska Tsunami Warning Center in Alaska; and

-   any additional forecast and warning centers determined by the
    National Weather Service to be necessary.

H.R. 1674 would direct NOAA to enter into an arrangement with the
National Academy of Science to review the tsunami detection, forecast,
and warning program established by this bill, to address further
modernization and coverage needs, as well as long-term operational
reliability issues.

H.R. 1674 would direct the National Weather Service to conduct a new
community-based tsunami hazard mitigation program to improve tsunami
preparedness of at-risk areas in the U.S. and its territories.

H.R. 1674 would direct NOAA to establish or maintain a new tsunami
research program to develop detection, forecast, communication, and
mitigation science and technology for tsunami tracking and numerical
forecast modeling.

H.R. 1674 would direct NOAA and the National Weather Service to provide
technical assistance and training to the Intergovernmental Oceanographic
Commission, the World Meteorological Organization, and other
international entities, "*as part of international efforts to develop a
full functional global tsunami forecast and warning system.*" (*emphasis
added*)

H.R. 1674 would authorize \$28 million for FY08, and \$159 million over
five years to carry out the provisions of this legislation.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that this bill authorizes \$159 million for the
establishment of [four new programs]{.underline} and [three new tsunami
warning centers]{.underline}.

**[Committee Action]{.underline}**: H.R. 1674 was introduced on April
18, 2005, and was referred to the Committee on Science, which considered
it, held a mark-up, and reported the bill, as amended, by voice vote on
September 28, 2006.

**[Cost to Taxpayers]{.underline}**: There is no CBO score available for
H.R. 1674; however the bill creates four new programs and three new
tsunami warning centers.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill creates a four new program and
three new tsunami warning centers.

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

**[Constitutional Authority]{.underline}:** No Committee Report citing
constitutional authority is available for H.R. 1674. 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}** Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-0718.

**H.Res. 1089 --- Honoring the life of Milton Friedman**

**--- *as introduced* (Stearns, R-FL and Garrett, R-NJ)**

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 1089 resolves that the House of
Representatives:

-   "mourns Doctor Friedman's passing and expresses its deepest
    condolences to his family, including his widow Rose Friedman, who is
    herself an accomplished economist and was instrumental in
    coauthoring some of his major works; and

-   "honors Doctor Friedman's lifetime of achievements and recognizes
    his outstanding contributions to freedom, the study of economics,
    the United States of America, and the world."

[]{.mark}

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

-   "Milton Friedman earned a degree in economics from Rutgers
    University, and later earned a master's degree from the University
    of Chicago and a doctorate degree from Columbia University;

-   "Doctor Milton Friedman is widely regarded as the leader of the
    Chicago School of economics, and the developer of the theory of
    monetarism that stresses the central importance of the quantity of
    money as an instrument of government policy and as a determinant of
    business cycles and inflation;

-   "Doctor Friedman's writings and ideas have influenced Presidents,
    other world leaders, entrepreneurs, and students of economics, and
    he gave himself generously to public service as an economic adviser
    to Senator Barry Goldwater's campaign for the presidency in 1964,
    Richard Nixon's presidential campaign in 1968, the Nixon
    Administration, Ronald Reagan's 1980 presidential campaign, and the
    Reagan Administration as a member of President Reagan's Economic
    Policy Advisory Board;

```{=html}
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```
-   "Doctor Friedman is a 1976 Nobel Laureate economist and received the
    John Bates Clark Medal in 1951 honoring the top economists under the
    age of forty, the Grand Cordon of the First Class Order of the
    Sacred Treasure by the Japanese government in 1986, the Presidential
    Medal of Freedom in 1988, the National Medal of Science in 1988, and
    honorary degrees from universities in the United States, Japan,
    Israel, and Guatemala;

```{=html}
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```
-   "Doctor Friedman's ideas were the model for the free market reforms
    undertaken in eastern European countries as they emerged from
    communist domination in the early 1990s, helping extend the
    blessings of prosperity to millions who had long been denied them;

    -   "Doctor Friedman will be remembered both as one of the most
        influential economists in history and as one of the twentieth
        century's greatest heroes of freedom; and

    -   "Doctor Milton Friedman died on November 16, 2006, in San
        Francisco, California, at the age of 94 of heart failure."

**[Additional Information]{.underline}**: For more information about
Milton Friedman, visit the [Milton and Rose D. Friedman
Foundation](http://www.friedmanfoundation.org/)'s and the [Hoover
Institute](http://www.hoover.org/)'s websites.

**[Committee Action]{.underline}**: The resolution was introduced
Tuesday, December 5, 2006, and referred the Government Reform Committee,
which took no official action.

**[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}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

H.Res. 1084---To honor the contributions and life of Edward R.
Bradley---*as introduced* (*Brady, D-PA*)

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Wednesday, December 6^th^, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.Res. 1084 would resolve that the House:

-   "recognizes and honors the contributions of Edward R. Bradley as an
    award winning American journalist; and

-   "expresses its deepest condolences upon his death to his wife,
    Patricia Blanchet, surviving family members, and friends."

**[Additional Background]{.underline}**: Edward Bradley was a famous CBS
reporter and on-air correspondent for 60 Minutes for decades. For more
biographical information on Bradley, visit this webpage:
<http://www.biography.com/search/article.do?id=201304>.

**[Committee Action]{.underline}**: On November 15, 2006, the resolution
was introduced and referred to the Government Reform Committee, which
took no official action.

**[Cost to Taxpayers]{.underline}**: The resolution would authorize 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}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

\###