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# Legislative Bulletin....................................................September 6, 2006

**Contents:**

> **H.R. 2808** --- Abraham Lincoln Commemorative Coin Act\
> **H.Res. 912** --- Supporting the goals and ideals of National Life
> Insurance Awareness Month\
> **H.Res. 605** --- Recognizing the life of Preston Robert Tisch and
> his outstanding contributions to New York City, the New York Giants
> Football Club, the National Football League, and the United States\
> **H.R. 2491** --- International Solid Waste Importation and Management
> Act of 2005\
> **S. 3534** --- YouthBuild Transfer Act\
> **H.Res. 875** --- Congratulating Spelman College on the occasion of
> its 125th anniversary\
> **H.Res. \_\_** --- Expressing condolences to the families, friends,
> and loved ones of the victims of the crash of Comair Flight 5191

H.R. 2808 --- Abraham Lincoln Commemorative Coin Act []{.mark}

--- *as introduced* (LaHood, R-IL)

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

**[Summary]{.underline}**: H.R. 2808 would direct the Secretary of the
Treasury to mint up to 500,000 one-dollar silver coins designed to
reflect the life of Abraham Lincoln. The bill designates the coins as
legal tender and numismatic items. Only one mint may be used to strike
the coins, which are to be minted only in 2009. The coins are to be sold
at a price that includes the face value; a \$10 surcharge intended for
the Abraham Lincoln Bicentennial Commission; and "the costs of designing
and issuing the coins (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping)."

[]{.mark}

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

-   "The year 2009 will be the bicentennial anniversary of the birth of
    Abraham Lincoln;

-   "The Abraham Lincoln Bicentennial Commission has been charged by
    Congress with planning the celebration of Lincoln's bicentennial;
    and

-   "The proceeds from a commemorative coin will help fund the
    celebration and the continued study of the life of Lincoln."

**[Additional Information]{.underline}**: The Abraham Lincoln
Bicentennial Commission was created by the Abraham Lincoln Bicentennial
Commission Act, P.L. 106-173. According to CBO, the purpose of the
commission is, "to study and recommend activities to commemorate
Lincoln's bicentennial." The Commission's webpage can be found at
[www.lincolnbicentennial.gov](http://www.lincolnbicentennial.gov/).

**[Committee Action]{.underline}**: H.R. 2808 was introduced on June 8,
2005, and referred to the Committee on Financial Services' Subcommittee
on Domestic and International Monetary Policy, Trade, and Technology,
which took no official action.

**[Cost to Taxpayers]{.underline}**: A CBO score of H.R. 2808 is
unavailable. However, a CBO estimate for the Senate's Lincoln
Commemorative Coin bill, S. 811 states that enacting S. 811 would have
no significant impact on the federal budget. In light of previous
commemorative coin sales, the CBO estimated that Lincoln coin sales
receipts may be \$4 million. Any revenue from commemorative coin sales
would be considered offsetting receipts.

Additionally, the U.S. Mint must recoup its minting costs before
transferring any surcharges to the Abraham Lincoln Bicentennial
Commission.

**[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 5 of the Constitution grants Congress the authority to coin
money.

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

H.Res. 912 --- Supporting the goals and ideals of National Life
Insurance Awareness Month --- *as reported* (Biggert, R-IL)

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

Note: The 104^th^ Congress changed House rules to prohibit a bill from
being considered on the House floor if "it establishes or expresses a
commemoration", which is defined as "a remembrance, celebration, or
recognition for any purpose through the designation of a specified
period of time"
([[http://clerk.house.gov/legisAct/legisProc/rules/rule12.html]{.underline}](http://clerk.house.gov/legisAct/legisProc/rules/rule12.html))

This resolution resolves that Congress supports the ideals and goals of
a certain day, and urges the President to issue a proclamation calling
for observation with respect to the month. Because the resolution merely
states support for, and urges action on, but does not establish a
commemorative day, the parliamentarian's office has ruled that it is
allowable under House rules.

**[Summary]{.underline}**: H.Res. 605 resolves that the House:

-   "supports the goals and ideals of National Life Insurance Awareness
    Month; and

-   "requests that the President issue a proclamation calling on the
    Federal Government, States, localities, schools, nonprofit
    organizations, businesses, and the citizens of the United States to
    observe the month with appropriate programs and activities."

[]{.mark}

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

-   "life insurance is an essential part of a sound financial plan;

-   "life insurance provides financial security for families by helping
    surviving members meet immediate and longterm financial obligations
    and objectives in the event of a premature death in their family;

-   "approximately 68,000,000 United States citizens lack the adequate
    level of life insurance coverage needed to ensure a secure financial
    future for their loved ones;

-   "individuals, families, and businesses can benefit from professional
    insurance and financial planning advice, including an assessment of
    their life insurance needs; and

-   "numerous groups supporting life insurance have designated September
    of 2006 as National Life Insurance Awareness Month as a means to
    encourage consumers to (1) become more aware of their life insurance
    needs; (2) seek professional advice regarding life insurance;
    and (3) take the actions necessary to achieve financial security for
    their loved ones."

**[Committee Action]{.underline}**: H.Res. 912 was introduced on July
12, 2006, and referred to the Committee on Government Reform. The bill
was marked-up and was reported to the House by unanimous consent on July
20, 2006.

**[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. 605 --- Recognizing the life of Preston Robert Tisch and his
outstanding contributions to New York City, the New York Giants Football
Club, the National Football League, and the United States

--- *as reported* (Fosella, R-NY)

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

**[Summary]{.underline}**: H.Res. 605 resolves that the House:

-   "recognizes the outstanding contributions Preston Robert Tisch made
    throughout his life to New York City, the New York Giants Football
    Club, the National Football League, and the United States; and

-   "expresses its deepest condolences to his wife of 57 years Joan and
    their 3 children."

[]{.mark}

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

-   "from 1946 through 1959 Bob and Larry Tisch built a thriving hotel
    chain spanning New York, New Jersey, and Florida;

-   "in 1959 Bob and Larry Tisch acquired a controlling interest in
    Loew's Theatres, consisting of 102 movie theatres and a New York
    radio station, WMGM;

-   "Bob and Larry Tisch built Loews Corporation into one of the largest
    diversified financial corporations in the United States;

-   "in 1986 Bob Tisch was appointed by the Board of Governors of the
    United States Postal Service as Postmaster General under the
    administration of President Ronald Reagan;

-   "in 1991 Bob Tisch purchased a 50 percent share in the New York
    Giants Football Club;

-   "Bob Tisch helped create the Meals-on-Wheels program and served as
    its president for over 10 years, frequently delivering meals
    himself;

-   "Bob Tisch founded the Take the Field program, a program which
    during the 1990s raised over \$100,000,000 in public and private
    funds to rebuild 43 athletic fields in New York City for the use of
    hundreds of thousands of public school students;

-   "Bob Tisch gave countless millions of dollars to hospitals,
    charities, and universities in the spirit of improving the lives of
    Americans;

-   "on November 15, 2005, Bob Tisch died of a brain tumor at the age of
    79; and

-   "the life of Bob Tisch serves as a model for self-made success and
    positive American philanthropy."

**[Committee Action]{.underline}**: H.Res. 605 was introduced on
December 14, 2005, and referred to the Committee on Government Reform.
The bill was marked-up and was reported to the House by unanimous
consent on July 20, 2006.

**[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.R. 2491 --- International Solid Waste Importation and Management Act
of 2005 --- *as reported* (Gillmor, R-OH)

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

**[Summary]{.underline}**: H.R. 2491 amends the Solid Waste Disposal Act
to permit the states to enact laws, regulations, or orders restricting
the receipt and disposal of foreign trash until the implementation of
final regulations issued by the Environmental Protection Agency's (EPA)
Administrator under the Agreement Concerning the Transboundary Movement
of Hazardous Waste between the United States and Canada ("Agreement").
The Agreement governs the movement of hazardous and solid municipal
waste between the U.S. and Canada. In addition, if a state chooses to
enact any laws, regulations, or orders restricting the receipt and
disposal of foreign trash, those laws, regulations, and orders will
remain in effect until they expire.

H.R. 2491 provides that no state laws, regulations, or orders enacted in
accordance with the above provision is to be considered as imposing an
undue burden on foreign and interstate commerce.

The bill explicitly names the EPA Administrator as the "Designated
Authority of the United States" under the Agreement and directs the
Administrator to implement and enforce the provisions of the Agreement.
Additionally, the Administrator must issue final regulations under the
Agreement within two years after enactment of H.R. 2491.

H.R. 2491 directs the Administrator to consider a number of factors in
consenting to import foreign waste, such as the views of the local
government in which the waste is to be imported, the impact of
importation on local recycling programs, landfill capacity, increased
emissions and road deterioration from increased traffic, homeland
security, and public health.

The legislation prohibits any individual from importing, transporting,
or exporting municipal solid waste for final disposal or incineration in
violation of the agreement. The Administrator may issue an order
assessing a civil penalty for past or current violations. The bill
authorizes civil fines of up to \$25,000 per day for current and past
violations, or both, for violation of the Agreement. Additionally, H.R.
2491 allows the Administrator to issue civil fines if compliance orders
are violated.

**[Additional Information]{.underline}**: According to the committee
report, the EPA has not started the rule-making process under the
Agreement because it claims is does not have the legal authority to do
so. H.R. 2491 is intended to explicitly give the EPA that rule-making
authority. The committee report asserts that the absence of rules and
the states' inability to regulate foreign commerce has lead to
environmental damage, a reduction in public safety, erosion of support
for recycling programs, and a reduction in landfill capacity.

**[Committee Action]{.underline}**: H.R. 2491 was introduced on May 19,
2005, and referred to the Committee on Energy and Commerce's
Subcommittee on Environment and Hazardous Materials. The bill was
marked-up and was reported to the House by voice vote on June 29, 2005.

**[Cost to Taxpayers]{.underline}**: CBO estimates that H.R. 2491 would
cost \$2 million in 2006, and \$6 million over the 2006-2010 period,
subject to appropriations. CBO also estimates revenues from civil
enforcement fines would total less than \$500,000.

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

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: Yes, according to CBO, the bill
"would preempt a state's regulatory authority if that state does not
develop regulations restricting" the acceptance of waste imported from
another country.

The bill also contains intergovernmental mandates would impose new rules
on local waste facilities owned by municipalities that accept waste from
foreign countries.

**[Constitutional Authority]{.underline}**: Committee Report 109-235,
cites constitutional authority for this legislation in Article 1,
Section 8, and Clause 3 of the Constitution, which grants Congress the
power to regulate commerce with foreign nations.

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

S. 3534 --- YouthBuild Transfer Act --- *as received from the Senate*
(Sen. Enzi, R-WY)

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

**[Summary]{.underline}**: S. 3534 would amend the YouthBuild program,
and would transfer the program from the Department of Housing and Urban
Development (HUD) to the Department of Labor. Specifically, YouthBuild
would be transferred to Title I of the Workforce Investment Act, and be
removed from Title IV of the Cranston-Gonzalez National Affordable
Housing Act. The YouthBuild program provides grants and services to
local programs across the nation assisting low-income (usually
uneducated and previously unemployed) youth in building low-income
housing in their community and also assists these students in preparing
to go back to school or get a General Equivalence Degree.
([www.youthbuild.org](http://www.youthbuild.org/))

Under current law, the YouthBuild program consists of two grants:
planning grants and implementation grants. S. 3534 would consolidate
these two grants, providing for one YouthBuild grant to be made
available to certain entities carrying specific activities, such as:

-   work experience and skills training;

-   occupational skill training;

-   language instruction education programs for individuals with limited
    English proficiency;

-   secondary education services, such as tutoring and dropout
    prevention programs;

-   counseling for obtaining postsecondary education and financial aid,
    and provision of a need-based stipend necessary for certain
    individuals to participate in the program; and

-   job search assistance.

The legislation retains current-law provisions, which require that any
housing built through the program is to be for homeless or low-income
individuals.

S. 3534 authorizes YouthBuild at such sums as necessary for FY 2007
through FY 2012, and repeals the sections of the Cranston-Gonzalez
National Affordable Housing Act which currently contain the program. The
bill also outlines the terms, procedures, and logistics of transferring
the program between agencies.

**[Additional Information]{.underline}**: According to the House
Education Committee, the White House Task Force for Disadvantaged Youth
recommended that the program be transferred, and the President's FY 2007
Budget reflected this recommendation.

**[Committee Action]{.underline}**: S. 3534 was passed in the Senate by
unanimous consent on August 3, 2006, and received by the House on the
following day.

**[Cost to Taxpayers]{.underline}**: According to an unofficial CBO
estimate, the bill would not affect direct spending or revenues.
Although no estimate is available for the discretionary portion of the
legislation, in FY 2006, Congress appropriated \$50 million for the
program. In addition, both the House and Senate Labor/Health and Human
Services appropriations bills provide \$50 million for YouthBuild in FY
2007, contingent upon the transfer. The program is authorized for six
years, which would total \$300 million in authorizations over the
six-year 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.

**[Constitutional Authority]{.underline}:** No committee report citing
constitutional authority is 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}** Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-0718.

H.Res. 875 --- Congratulating Spelman College on the occasion of its
125th anniversary --- *as reported (Lewis, D-GA)*

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

**[Summary]{.underline}**: H.Res. 875 resolves that the House:

-   "congratulates Spelman College on the occasion of its 125th
    anniversary; and

-   "commends the President of Spelman College, Dr. Beverly Daniel
    Tatum, and the administration, faculty, staff, students, and alumnae
    of the College for their outstanding achievements, and contribution
    to African American education, history, and culture."

[]{.mark}

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

-   "in 1924, Spelman Seminary officially became Spelman College and
    grew to become a leading undergraduate institution for African
    American women;

-   "Spelman College was ranked among the top 75 Best Liberal Arts
    Colleges according to U.S. News & World Report, 2005 edition;

-   "the Association of Medical Colleges ranks Spelman College fifth
    among undergraduate programs for Black students accepted to medical
    school, and Spelman is one of six institutions designated by the
    National Science Foundation and the National Aeronautics and Space
    Administration as a Model Institution for Excellence in
    undergraduate science and math education;

-   "Spelman's ninth President, Beverly Daniel Tatum, has initiated a
    strategic plan for Spelman ('Spelman ALIVE') that includes five
    goals: Academic excellence, Leadership development, Improving the
    infrastructure, Visibility of accomplishments of the campus
    community, and Exemplary customer service, all designed to create a
    vision for Spelman of 'Nothing Less than the Best'; and

-   "Spelman College has prepared more than six generations of African
    American women to reach the highest levels of academic, community,
    and professional achievement."

**[Committee Action]{.underline}**: H.Res. 912 was introduced on June
16, 2006, and referred to the Committee on Government Reform, 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. \_\_\_ --- Expressing condolences to the families, friends, and
loved ones of the victims of the crash of Comair Flight 519**

--- *as amended (Chandler, D-KY)*

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

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

-   "expresses condolences to the families, friends, and loved ones of
    the victims of the crash of Comair Flight 5191;

-   "honors the victims of the crash;

-   "expresses sympathies to the people of Lexington, the entire
    Commonwealth of Kentucky, and the Nation who grieve for the victims;
    and

-   "commends the Federal, State, and local officials who worked
    together to respond to the tragedy with courage, determination, and
    skill."

[]{.mark}

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

-   "the people of Kentucky, including the citizens of the 6th
    Congressional District, have experienced a terrible tragedy with the
    loss of 49 lives in the crash of Comair Flight 5191 at Blue Grass
    Airport in Lexington, Kentucky, on August 27, 2006;

-   "many of the victims of the crash were residents of Kentucky,
    particularly of the small, close-knit town of Lexington and other
    surrounding communities; and

-   "Federal, State, and local officials have cooperated not only at the
    crash site but throughout Kentucky and the Nation to respond to the
    emergency, investigate the accident, and provide assistance to
    families devastated by the loss of loved ones."

**[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