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# Legislative Bulletin...........................................June 20, 2006

> **Contents:**
>
> **H. Res. 731** --- Commending the Patriot Guard Riders for shielding
> mourning military families from protesters and preserving the memory
> of fallen service members at funerals
>
> **H. Res. 867** --- Honoring the life and accomplishments of James
> Cameron
>
> **H.R. 4356** --- Emergency and Disaster Assistance Fraud Penalty
> Enhancement Act of 2005
>
> **H. Con. Res. 367** --- Honoring and praising the National Society of
> the Sons of the American Revolution on the 100th anniversary of being
> granted its Congressional Charter
>
> **H.R. 5228**---To require representatives of governments designated
> as State Sponsors of Terrorism to disclose to the Attorney General
> lobbying contacts with legislative branch officials
>
> H.R. 1285 --- to amend the Nursing Relief for Disadvantaged Areas Act
> of 199 to remove the limitation for nonimmigrant classification for
> nurses in health professional shortage areas

H. Res. 731 --- Commending the Patriot Guard Riders for shielding
mourning military families from protesters and preserving the memory of
fallen service members at funerals --- *as reported* (Moran, R-KS)

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Tuesday, June 20, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H. Res. 731 resolves that Congress expresses
its deepest appreciation to the Patriot Guard Riders who:

-   "attend military funerals across the country to show respect for
    fallen members of the Armed Forces and, when needed, shield mourning
    family members and friends of the deceased from protestors who
    interrupt, or threaten to interrupt, the dignity of a funeral; and

-   "in so doing, help to preserve the memory and honor of the Nation's
    fallen heroes."

[]{.mark}

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

-   "in 2005, a small group of American Legion Riders in Kansas calling
    themselves the 'Patriot Guard' began a movement to shield the
    families and friends of fallen service members from interruptions by
    protesters appearing at military funerals;

-   "the Patriot Guard Riders have since grown into a nationwide
    network, including both veterans and nonveterans and riders and
    nonriders, and is open to anyone who shares a respect for service
    members who have made the ultimate sacrifice for the Nation;

-   "Patriot Guard Riders attend military funerals to show respect for
    fallen service members and to shield mourning family members and
    friends of the deceased from protestors who interrupt, or threaten
    to interrupt, the dignity of the event;

-   "across the Nation, Patriot Guard Riders volunteer their time to
    come to the aid of military families in need, so to allow the
    memories of the deceased service member to be remembered with honor
    and dignity; and

-   "Patriot Guard Riders appear at a funeral only at the invitation of
    the fallen soldier's family and participate in a nonviolent, legal
    manner."

**[Additional Information]{.underline}**: Both the House and the Senate
recently passed H.R. 5037, the Respect for America's Fallen Heroes Act.
The Act prohibited protesters at military funerals between an hour
before and an hour after the funeral, and prohibited demonstrations
within a certain distance from cemeteries.

**[Committee Action]{.underline}**: H. Res. 731 was introduced on March
16, 2006, and referred to the Committee on Armed 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}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; 202-226-9717

H. Res. 867 --- Honoring the life and accomplishments of James Cameron
--- *as introduced* *(Moore, D-WI)*

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Tuesday, June 20, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H. Res. 867 resolves that Congress "honors
and celebrates the life and accomplishments of James Cameron and
expresses condolences at his passing."

[]{.mark}

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

-   "Mr. Cameron founded America's Black Holocaust Museum in 1988 in
    order to preserve the history of lynching in the United States and
    to recognize the struggle of black people for equality;

-   "Mr. Cameron was the last living survivor of a lynching until his
    death on June 11, 2006, at age 92;

-   "the Senate recognized Mr. Cameron as the Nation's oldest living
    lynching victim in June 2005 and formally apologized for its failure
    to outlaw lynching, which killed more than 4,700 people from 1882 to
    1968, three-fourths of whom were black;

-   "Mr. Cameron promoted civil and social justice issues and founded
    three NAACP chapters in Indiana during the 1940s; and

-   "James Cameron served as the Indiana State Director of Civil
    Liberties from 1942 to 1950, and he investigated over 25 cases
    involving civil rights violations."

**[Committee Action]{.underline}**: H. Res. 867 was introduced on June
14, 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.R. 4356 --- Emergency and Disaster Assistance Fraud Penalty
Enhancement Act of 2005 --- *as reported* (Sensenbrenner, R-WI)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Tuesday, June 20, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** H.R. 4356 would amend the federal criminal
code to prohibit various fraudulent activities in connection with or
following a major disaster or emergency declaration. The specific
provisions of the bill are as follows:

-   Makes it a new federal crime to knowingly falsify, conceal, or cover
    up any material fact or make any materially false or fraudulent
    statement involving any benefit paid or authorized in connection
    with a major disaster or emergency declaration (under sections 401
    or 501 of the Disaster Relief Act of 1974); stipulates that this
    prohibition also applies to federal contracts.

-   Under current law, violations of this section would be punishable by
    fines up to \$250,000 for an individual or \$500,000 for an
    organization, imprisonment of up to 30 years, or both.

-   Establishes criminal penalties for engaging in either mail fraud or
    wire fraud in relation to a major disaster or emergency declaration
    of up to 30 years imprisonment or a fine of up to \$1 million, or
    both.

-   Directs the U.S. Sentencing Commission to:

    -   promulgate or amend existing guidelines to provide for increased
        penalties for those convicted of fraud or theft offenses in
        connection with a major disaster;

    -   submit an explanation of actions taken by the Commission to the
        House and Senate Judiciary Committees; and

    -   Submit any additional policy recommendations the Commission may
        have for combating emergency or disaster fraud to the relevant
        committees.

**[Additional Information]{.underline}:** Regarding the need for this
legislation, the Judiciary Committee Report stated the following:
"Almost immediately after FEMA began making disaster assistance
available to victims of the \[last year's Gulf Coast\] hurricanes,
reports of fraud, misuse and abuse began to surface. These reports
included allegations that recipients of disaster assistance had misused
funds to purchase luxury goods, that non-eligible persons had applied
for and received benefits, and that criminals had established phony
Katrina-related websites to exploit those who wished to contribute to
legitimate disaster assistance efforts.

For additional examples of Katrina related waste, fraud and abuse using
FEMA funds, please see this RSC one-pager:
<http://www.house.gov/pence/rsc/doc/KatrinaWaste06.doc>.

**[Committee Action]{.underline}:** H.R. 4356 was introduced on November
17, 2005, and referred to the Committee on the Judiciary's Subcommittee
on Crime, Terrorism, and Homeland Security. The bill was marked-up on
March 2, and it was reported to the House by voice vote the same day (H.
Rept.
[109-473](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr473):)).

**[Cost to Taxpayers]{.underline}:** CBO estimates that "implementing
H.R. 4356 would have no significant cost to the federal government.
Enacting the bill could affect direct spending and revenues, but CBO
estimates that any such effects would not be significant."

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}:** Yes. As described above, H.R. 4356 would
establish a new federal crime for the commission of certain fraudulent
acts in connection with a major disaster.

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

**[Constitutional Authority]{.underline}:** The Committee Report, H.
Rept.
[109-473](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr473):),
cites constitutional authority for this legislation in Article 1,
Section 8 (enumerated powers of Congress) 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}:** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

H. Con. Res. 367 --- Honoring and praising the National Society of the
Sons of the American Revolution on the 100th anniversary of being
granted its Congressional Charter --- *as reported* (Coble, R-NC)

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Monday, June 19, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H. Con. Res. 367 resolves that Congress:

-   "recognizes the 100th anniversary of the historic Congressional
    Charter of the National Society of the Sons of the American
    Revolution; and

-   "honors and praises the National Society of the Sons of the American
    Revolution on the occasion of its anniversary for its work to
    perpetuate and honor the memory of the brave men who fought to gain
    our freedom during the Revolutionary War and for the Society's
    unfailing devotion to our Nation's youth."

[]{.mark}

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

-   "the National Society of the Sons of the American Revolution (in
    this resolution referred to as the 'SAR') was founded on April 30,
    1889, and chartered by Congress 100 years ago on June 9, 1906;

-   "the SAR was conceived as a fraternal and civic society composed of
    lineal descendants of the men who wintered at Valley Forge, signed
    the Declaration of Independence, fought in the battles of the
    American Revolution, served in the Continental Congress, or
    otherwise supported the cause of American Independence;

-   "16 American Presidents have been proud members of the SAR;

-   "the Charter of National Society of the Sons of the American
    Revolution describes the objects and purposes of the Society as '. .
    . patriotic, historical and educational' and that it is charged with
    perpetuating the memory of the men who, by their services or
    sacrifices during the war of the American Revolution, achieved the
    independence of the American people;

-   "it is largely through efforts by the SAR in the late 1800s and
    early 1900s that the National Archives were established to gather
    the records of the men who fought and provided services during the
    Revolutionary War; and

-   "the SAR's almost 27,000 members are organized in Chapters
    throughout the 50 States and the District of Columbia and in several
    countries overseas that helped the American Colonies gain their
    freedom."

For additional information on the Sons of the American Revolution, see
[www.sar.org](http://www.sar.org/).

**[Committee Action]{.underline}**: H. Con. Res. 367 was introduced on
June 19, 2006, and referred to the House Committee on the Judiciary,
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.R. 5228---To require representatives of governments designated as
State Sponsors of Terrorism to disclose to the Attorney General lobbying
contacts with legislative branch officials (L. Diaz-Balart, R-FL)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, June 20^th^, under a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}**: H.R. 5228 would require representatives of
governments designated by the State Department as state sponsors of
terrorism to disclose to the Attorney General any lobbying contacts with
legislative branch officials (including Members, officers, and staff) in
"detailed" statements filed within 45 days of such contacts. The
Secretary of State would be prohibited from recognizing the credentials
of a diplomatic or consular officer who does not agree to comply with
this legislation. The Attorney General would have to make the
information reported in accordance with this legislation available to
the general public in an electronic format within 90 days of each such
reported contact.

The bill defines "lobbying contact" as:

-   "the formulation, modification, or adoption of Federal legislation
    (including legislative proposals);

-   "the formulation, modification, or adoption of a Federal rule or
    regulation, an Executive order, or any other program, policy, or
    position of the United States Government;

-   "the administration or execution of a Federal program or policy
    (including the negotiation, award, or administration of a Federal
    contract, grant, loan, permit, or license); or

-   "the nomination or confirmation of a person for a position subject
    to confirmation by the Senate."

**[Additional Background]{.underline}**: The State Department's list of
state sponsors of terrorism currently includes Cuba, Iran, Libya, North
Korea, Sudan, and Syria:

<http://www.state.gov/s/ct/c14151.htm>

**[Committee Action]{.underline}**: On April 27, 2006, the bill was
referred to the committees on International Relations and the Judiciary,
respectively, neither of which took official action.

**[Cost to Taxpayers]{.underline}**: Although a CBO cost estimate is
unavailable, nothing in this legislation appears to yield a cost to
taxpayers.

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

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

**[Constitutional Authority]{.underline}**: A committee report citing
constitutional authority is unavailable.

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

H.R. 1285 --- To amend the Nursing Relief for Disadvantaged Areas Act of
1999 to remove the limitation for nonimmigrant classification for nurses
in health professional shortage areas --- *as amended* (*Rush, D-IL*)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, June 20, 2006, under a motion to suspend the
rules and pass the bill.

**Note**: Under House Republican Conference Rules, legislation extending
a program which sunsets in current law, is not to be considered by the
House on the Suspension Calendar. However, the elected leadership has
granted a waiver in order to provide for the consideration of this bill.

**[Summary]{.underline}**: H.R. 1285 amends the Nursing Relief for
Disadvantaged Areas Act of 1999 to extend a provision which allowed
foreign nurses to come to the US with a visa. Under current law, this
four-year program expired in 2005. This bill will extend the provision
an additional three years.

**[Additional Information]{.underline}**: The Nursing Relief for
Disadvantaged Areas Act established the H-1C visa, which allows foreign
registered nurses to temporarily come to the United States to work in
certain hospitals located in "disadvantaged areas."

**[Committee Action]{.underline}**: H.R. 1285 was introduced on March
14, 2006, and referred to the Committee on the Judiciary, which took no
official action.

**[Cost to Taxpayers]{.underline}**: There is no CBO score available for
H.R. 1285.

**[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}**: There is no Committee Report
available for H.R. 1285.

**[RSC Staff Contact]{.underline}**: Joelle Cannon;
<joelle.cannon@mail.house.gov>; 202-226-0718

\###