![](media/image1.jpeg){width="6.489583333333333in"
height="1.15625in"}**Legislative
Bulletin...........................................September 4, 2007**

> **Contents:**
>
> **H.R. 694** --- Minority Serving Institution Digital and Wireless
> Technology Opportunity Act of 2007\
> **H.R. 2850** --- Green Chemistry Research and Development Act of
> 2007\
> **H.R. 2992** --- SBA Trade Programs Act of 2007

**H.R. 3020** --- Microloan Amendments and Modernization Act

**H.Res. 552 ---** Calling on the Government of the People's Republic of
China to remove barriers

to United States financial services firms doing business in China

**H.R. 2358 ---** Native American \$1 Coin Act

> **H.Con.Res. 196 ---** Authorizing the use of the rotunda and grounds
> of the Capitol for a ceremony to award the Congressional Gold Medal to
> Tenzin Gyatso, the Fourteenth Dalai Lama

**H.R. 2547 --- FDIC Enforcement Enhancement Act *(Sires, D-NJ)***

**[Order of Business]{.underline}**: H.R. 2547 is scheduled to be
considered on Monday, July 16, 2007, under a motion to suspend the rules
and pass the bill.

**H.R. 694 --- Minority Serving Institution Digital and Wireless
Technology Opportunity Act of 2007 *(Towns, D-NY)***

**[Order of Business]{.underline}:** H.R. 694 is scheduled to be
considered on Tuesday, September 4, 2007, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 694 would authorize \$250 million in FY
2008 and "such sums" through 2012 to **create a new grant program** for
minority serving institutions of higher learning.

The bill would require the Secretary of Commerce to establish the
Minority Serving Institution Digital and Wireless Technology Opportunity
Program to assist certain eligible institutions in acquiring and using
digital and wireless networking technologies for educational use.
Eligible institutions would be authorized to use the grants acquire
equipment, provide training in the use of equipment, obtain technical
assistance in the use of the equipment, and foster the use of digital
and wireless networking technology.

The bill would establish an advisory council to determine the best
procedures for encouraging participation in the program. The Secretary
would also be required to establish review panels to determine the
quality and merit of each grant proposal. Any institution receiving
funding through the grants would be required to match the lesser of one
quarter of the federal share of the costs or \$500,000 annually.

The bill defines eligible institutions as:

-   historically Black college or universities;

-   Hispanic-serving institutions;

-   Alaska Native-serving institutions;

-   **Native Hawaiian-serving institutions**; and

-   institutions of higher education with an enrollment of needy
    students.

H.R. 694 would authorize \$250 million in FY 2008 and such sums annually
from FY 2009 through FY 2012.

**[Possible Conservative Concerns]{.underline}: Some conservatives may
be concerned that H.R. 694 authorizes at least \$250 million (and "such
sums" in the future) to provide communications and networking grant
programs for minority serving institutions.**

**In addition, some conservatives may be concerned that Native Hawaiians
are a racial group, not a tribe, and dispensing benefits to them would
likely be subject to strict scrutiny in federal courts. Providing
additional financial assistance to this group is not only duplicative of
numerous current federal education programs, but may also be
unconstitutional.**

**[Committee Action]{.underline}**: H.R. 694 was introduced on January
24, 2007, and referred to the Committee on Science and Technology, as
well as the Committee on Education and Labor. On February 6, 2007, the
bill was referred to the Subcommittee on Technology and Innovation,
which took no official action. On June 27, 2007, H.R. 694 was referred
to the Subcommittee on Higher Education, Lifelong Learning, and
Competitiveness, which also took no official action.

**[Cost to Taxpayers]{.underline}**: A CBO score for H.R. 694 was not
available at press time, but the bill would authorize \$250 million in
FY 2008, and such sums in the following years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, it creates new federal technology grant
programs for qualified minority serving institutions.

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

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

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

**H.R. 2850 --- Green Chemistry Research and Development Act of 2007
(Gingrey, R-GA)**

**[Order of Business]{.underline}:** H.R. 2850 is scheduled to be
considered on Tuesday, September 4, 2007, under a motion to suspend the
rules and pass the bill. .

**[Summary]{.underline}**: H.R. 2850 would authorize (from funds
otherwise authorized) funding for fiscal years 2008 through 2010 for
"green chemistry" programs (chemistry and chemical engineering research
aimed at reducing or eliminating the use and production of hazardous
substances) at four agencies: the National Science Foundation (NSF), the
National Institute of Standards and Technology (NIST), the Department of
Energy (DOE), and the Environmental Protection Agency (EPA). The
specific authorizations (in millions of dollars) are as follows:

FY2008 FY2009 FY2010

NSF \$20 \$21 \$22

NIST \$8 \$9 \$10

DOE \$13 \$14 \$15

EPA \$10 \$11 \$12

These authorizations would be organized under the following programs and
functions:

-   a Green Chemistry Research and Development Program under the
    President to promote and coordinate federal green chemistry
    research, development, demonstration, education, and technology
    transfer activities;

-   a presidential interagency working group;

-   a new grant program within the above presidential program to support
    efforts by higher educational institutions to revise their
    undergraduate curriculum in chemistry and chemical engineering to
    incorporate green chemistry concepts and strategies

-   an NSF study of the factors that constitute barriers to the
    successful commercial application of green chemistry research and
    development; and

-   a joint, coordinated program (within the presidential program above)
    to award grants to institutions of higher education to establish
    partnerships with companies in the chemical industry to retrain
    chemists and chemical engineers in the use of green chemistry
    concepts and strategies.

**[Additional Information]{.underline}**: CBO reported for 2005 that,
"NSF expects to spend around \$25 million in 2005 for green chemistry
research. EPA and NIST estimate those agencies will spend \$2 million
and \$4 million, respectively, in 2005 on green chemistry research. DOE
currently does not conduct research specifically targeted to green
chemistry technologies."

A nearly identical bill, H.R. 1215, passed the House during the 109^th^
Congress by voice vote. The total authorization level for H.R. 1215 was
\$106.5 million, as opposed to \$188 million authorized by the current
legislation.

**[Committee Action]{.underline}**: H.R. 2850 was introduced on June 25,
2007 and referred to the Committee on Science and Technology. On July
11, 2007, a mark up was held and the bill was reported, as amended, by
voice vote.

**[Cost to Taxpayers]{.underline}**: According to CBO, H.R. 2850 would
authorize \$58 million in FY 2008 and \$188 million through FY 2010
(subject to appropriations).

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, the bill would create a new program.

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

**[Constitutional Authority]{.underline}**: Although there is no House
Report for H.R. 2850, a report (109-82) for H.R. 1215, a nearly
identical bill, cites constitutional authority in Article I, Section 8,
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}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

**H.R. 2992 --- SBA Trade Programs Act of 2007 *(Hall, D-NY)***

**[Order of Business]{.underline}:** H.R. 2992 is scheduled to be
considered on Tuesday, September 4, 2007, under a motion to suspend the
rules and pass the bill. .

**[Summary]{.underline}**: H.R. 2992 would require the Small Business
Administration's (SBA) Office of International Trade (OIT) to develop
trade policies to support small businesses in domestic and foreign
markets. The director of the OIT would be responsible for maintaining a
small business trade strategy that makes recommendations to increase the
competitiveness of domestic small businesses and protects small business
from unfair trade practices. The director would be required to issues an
annual report regarding these strategies.

The director of the OIT would also be required to establish a system of
tracing small business exports and the use by small businesses of
federal trade promotion resources.

H.R. 2992 would **establish new SBA programs** to assist small
businesses navigate the trade dispute and remedy processes and design
counseling services for small businesses that are taking legal action to
secure their rights to domestic patents.

The bill would also require the SBA to hire at least six new trade
finance specialists at Export Assistance Centers in order to increase
SBA participation in exports. H.R. 2992 would increase the amount the
SBA can provide for trade related loans from \$1.5 million to \$2.25
million.

**[Additional Information]{.underline}**: The 110^th^ Congress has
passed three suspension bills that expand SBA programs (**H.R. 2359**
--- SBA Entrepreneurial Development Programs Act of 2007, H.R**. 2366**
--- SBA Veterans' Programs Act of 2007, **H.R. 2397** --- SBA Women's
Business Programs Act of 2007). Combined, these three bills authorized
over \$602.5 million through FY 2012.

**[Possible Conservative Concerns]{.underline}: Some conservatives may
be concerned that H.R. 2992 creates new federal assistance programs at
the SBA.**

**[Committee Action]{.underline}**: H.R. 2992 was introduced on June 25,
2007 and referred to the Committee on Science and Technology. On July
11, 2007, a mark up was held and the bill was reported, as amended, by
voice vote.

**[Cost to Taxpayers]{.underline}**: According to CBO, H.R. 2992 would
authorize \$4 million in FY 2008 and \$21 million over the FY 2008 -- FY
2012 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, the bill would create new programs to
encourage small business exports.

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

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

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

**H.R. 3020 --- Microloan Amendments and Modernization Act (Chabot,
R-OH)**

**[Order of Business]{.underline}:** H.R. 3020 is scheduled to be
considered on Tuesday, September 4, 2007, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 3020 would require the administrator of
the SBA to establish a process by which SBA lenders are able to transmit
relevant credit information regarding the borrower's payment activity.

The bill would also increase the threshold for average loan sizes for
nonprofit community based lenders under the SBA's microloan program from
\$7,500 to \$10,000. H.R. 3020 would also increase the threshold for
lenders that can charge a higher interest rate from \$7,500 to \$10,000.

H.R. 3020 would also reauthorize the Program for Investment in
Microentrepreneurs (PRIME), which provides grants for nonprofit
organizations to give technical assistance to low-income business owners
with five employees or less.

**[Additional Information]{.underline}**: Under current law, loans from
nonprofit lending institutions with average loans of \$7,500 or smaller
are eligible to receive interest rate reductions of up to 75% of rates
charged to institutions that make higher average loans. This bill would
increase the limit of eligibility for lower interest rates to \$10,000
for an average loan. By expanding lower interest rates to more nonprofit
community lenders, small businesses may find it easier to receive SBA
loans.

**[Committee Action]{.underline}**: H.R. 3020 was introduced on July 12,
2007 and referred to the Committee on Small Business. On July 19, 2007,
a mark up was held and the bill, as amended, was reported by voice vote.

**[Cost to Taxpayers]{.underline}**: According to CBO, H.R. 3020 would
authorize \$2 million in FY 2008 and \$12 million over the FY 2008 -- FY
2012 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}**: A House Report citing
Constitutional authority is not available. However, House Rule XIII,
Section 3(d)(1), requires that all committee reports contain "a
statement citing the *specific* *powers* granted to Congress in the
Constitution to enact the law proposed by the bill or joint resolution."
*\[emphasis added\]*

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

**H.Res. 552 --- Calling on the Government of the People's Republic of
China to remove barriers to United States financial services firms doing
business in China *(Marshall, D-GA)***

**[Order of Business]{.underline}:** H.Res. 552 is scheduled to be
considered on Tuesday, September 4, 2007, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 552 would express the following sense
that the House of Representatives:

-   "the Government of the People's Republic of China should immediately
    implement all of its World Trade Organization commitments to date in
    financial services;

-   "the Government of the People's Republic of China should immediately
    implement all of its commitments to date made under the auspices of
    the Strategic Economic Dialogue initiated by the Secretary of the
    Treasury;

-   "the goals of the United States for the next meeting of the
    Strategic Economic Dialogue should be to achieve Chinese commitments
    toward\--

    a.  removal of all foreign investment ownership caps on banking,
        life insurance, asset management, and securities;

    b.  nondiscriminatory treatment of United States financial services
        firms (including banking, insurer, insurance intermediary, asset
        management, and securities firms) with regard to licensing,
        corporate form, and permitted products and services; and

    c.  nondiscriminatory treatment of United States financial services
        firms with regard to regulation and supervision; and

-   "United States financial service regulators, in assessing whether
    applications from Chinese financial institutions meet comprehensive
    consolidated supervision standards, should consider whether the
    applications are for operations and activities in the United States
    that are currently prohibited for United States financial
    institutions in China, and the extent to which such prohibitions
    reflect problems with the quality of home country supervision."

The resolution lists numerous findings, including the following:

-   "well-functioning financial markets in China capable of accurately
    pricing risk, valuing assets, allocating capital to its most
    efficient use, providing financial products that allow savers to
    obtain a market rate of return, and capable of intermediating
    efficiently between savers and borrowers are essential if China is
    to move successfully to a market-based economy;

-   "the lack of diversification and innovation among Chinese financial
    firms, particularly state-owned banks, limits the financial assets
    in which the Chinese people can invest and limits their access to
    savings and investment vehicles that would allow them to save safely
    and adequately for retirement and insure themselves against risks to
    health and incomes;

-   "the current lack of well-functioning financial markets in China has
    the effect of misallocating capital and distorting investment in
    ways that subsidize capital intensive industries in China's
    manufacturing sector and distort trade with the United States and
    other trading partners as a consequence;

-   "an increased presence of United States and other foreign financial
    services firms in China would provide substantial benefit to China
    by aiding in the reform and development of the banking, insurance,
    asset management, and securities industries and providing new
    products to Chinese consumers that would contribute substantially to
    their financial security;

-   "the United States trade deficit with China in 2006 was
    \$233,000,000,000, and this trade deficit has nearly tripled in size
    since China joined the World Trade Organization in 2001;

-   "China's World Trade Organization commitments fail to achieve an
    open and nondiscriminatory environment for foreign financial
    services firms seeking to trade with China;

-   "foreign entities are not permitted to invest in Chinese A-share
    securities markets except through an onerous licensing and quota
    system for 'qualified foreign institutional investors,' and Chinese
    institutional investors are also restricted in investing in foreign
    securities markets except through a licensing and quota system for
    'qualified domestic institutional investors';

-   "the government of China has failed to meet its World Trade
    Organization commitment on licensing of foreign broker-dealers and
    maintains discriminatory restrictions on the scope of business of
    foreign securities firms;

-   "the government of China maintains discriminatory standards for
    foreign banks in terms of capital requirements, restrictions on
    corporate operational form, and restrictions on bank branches, and
    has been slow to act on foreign banks' applications;

-   "the government of China has approved no new enterprise annuities
    licenses for United States or other foreign firms since 2005 and
    maintains a cumbersome multi-agency process for approval of
    licenses;

-   "major Chinese financial institutions have sought licenses to
    operate in the United States on the grounds that Chinese financial
    regulators satisfy consolidated supervision standards, at the same
    time the Chinese government restricts access to United States and
    other foreign firms on grounds that suggest that Chinese regulators
    may not satisfy these standards; and

-   "the Secretary of the Treasury has initiated the Strategic Economic
    Dialogue as a forum in which to engage Chinese officials on economic
    reform issues, including financial market issues."

**[Committee Action]{.underline}**: H.Res. 552 was introduced on July
17, 2007, and referred to the Committee on Financial Services, 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}**: Sarah Makin;
<sarah.makin@mail.house.gov>; 202-226-8587.

**H.R. 2358 --- Native American \$1 Coin Act *(Kildee, D-MI)***

**[Order of Business]{.underline}:** H.R 2358 is scheduled to be
considered on Tuesday, September 4, 2007, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 2358 would direct the Secretary of
Treasury to design and mint a new series of one dollar coins bearing the
current "Sacagawea" design on the front and depicting designs of
historic contributions made by Native Americans on the back. The
commemorative design on the back of the coin would change every calendar
year. The issue date of the coin along, with the phrases "E Pluribus
Unum" and "In God We Trust," would appear incused around the edge of the
coin.

The bill would reduce the percentage of one dollar coins that must be
"Sacagawea" coins would be reduced from 1/3 to 1/5. H.R. 2358 would also
direct the Secretary to encourage the use of the Native American design
coin.

**[Additional Information]{.underline}**: H.R. 2358 was passed in the
House by voice vote on June 12, 2007, and passed in the Senate by
unanimous consent on August 3, 2007, with an amendment to change the
effective date in order to have the correct year on the coins.

According to the Financial Services Committee, "This bill is designed to
save taxpayers \$50-100 million a year by creating demand for
'Sacagawea-design' dollar coins which under current law must comprise
one-third of all US dollar coins minted annually. Modeled after the
popular 50-state quarter program, H.R. 2358 leaves the Sacagawea design
on the front of the coin, but changes the reverse each year to represent
different contributions of Native Americans to the United States."

Initially offered to the general public, the Sacagawea coin has
significantly decreased in mintage since it was produced. H.R. 2358 is
intended to spark interest in the coin by adding new, collectable
designs annually. The bill also reduces the percentage of Sacagawea
coins that are required to be made in order to make room for the new
Presidential series of one dollar coins.

According to the U.S. Mint and the CBO, coins are cheaper to use than
paper money, particularly since they stay in circulation thirty or forty
years, while the average dollar bill wears out after just eighteen
months. However, according to a PBS NewsHour report in 1997, surveys
have shown that 75 percent of the public prefers a paper dollar to a
coin and past efforts to encourage the public to use dollar coins have
not been successful. In March of 2002, after supplies outpaced demand
for the Sacagawea Golden Dollar \$1 coin, the U.S. Treasury halted
production.

The CBO Cost Estimate for the House companion bill stated, "Taking into
account the experience of the 50 State Quarters program and the public's
continued resistance to the use of dollar coins, CBO expects that the
new \$1 Presidential coin would increase the public's interest in
collecting coins, but it would continue to face barriers to widespread
circulating use."

**[Committee Action]{.underline}**: H.R. 2358 was introduced on May 17,
2007 and referred to the Committee on Financial Services, which took no
official action. On June 12, 2007, the bill was passed in the House by
voice vote and referred to the Senate.

**[Cost to Taxpayers]{.underline}**: A CBO estimate for H.R. 2356 is not
available.

**[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. However, House Rule XIII,
Section 3(d)(1), requires that all committee reports contain "a
statement citing the *specific* powers granted to Congress in the
Constitution to enact the law proposed by the bill or joint resolution"
*\[emphasis added\]*.

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

**H.Con.Res. 196 --- Authorizing the use of the rotunda and grounds of
the Capitol for a ceremony to award the Congressional Gold Medal to
Tenzin Gyatso, the Fourteenth Dalai Lama *(Brady, D-PA)***

**[Order of Business]{.underline}:** H.Con.Res. 196 is scheduled to be
considered on Tuesday, September 4, 2007, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Con.Res. 196 would express the following
sense of the House of Representatives:

-   "The rotunda of the Capitol is authorized to be used on October 17,
    2007, for a ceremony to award the Congressional Gold Medal to Tenzin
    Gyatso, the Fourteenth Dalai Lama, in accordance with Public Law
    109-287.

-   "Physical preparations for the ceremony referred to in
    subsection (a) shall be carried out in accordance with such
    conditions as the Architect of the Capitol may prescribe.

-   "The International Campaign for Tibet (in this resolution referred
    to as the 'sponsor') shall be permitted to sponsor a public event on
    the Capitol Grounds (in this resolution referred to as the 'event')
    on October 17, 2007, in connection with the ceremony to be held in
    the rotunda of the Capitol under section 1.

-   "Under conditions to be prescribed by the Architect of the Capitol
    and the Capitol Police Board, the event shall be\--

    a.  free of admission charge and open to the public; and

    b.  arranged not to interfere with the needs of Congress.

        -   "The sponsor shall assume full responsibility for all
            expenses and liabilities incident to all activities
            associated with the event.

        -   "Subject to the approval of the Architect of the Capitol,
            the sponsor is authorized to erect upon the Capitol Grounds
            such stage, sound amplification devices, and other related
            structures and equipment, as may be required for the event.

        -   "The Capitol Police Board shall provide for enforcement of
            the restrictions contained in section 5104(c) of title 40,
            United States Code, concerning sales, advertisements,
            displays, and solicitations on the Capitol Grounds, as well
            as other restrictions applicable to the Capitol Grounds, in
            connection with the event."

**[Committee Action]{.underline}**: H.Con.Res. 196 was introduced on
August 1, 2007, and referred to the Committee on House Administration,
as well as the Committee on Transportation and Infrastructure, 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}**: Sarah Makin;
<sarah.makin@mail.house.gov>; 202-226-8587.

\###