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# Legislative Bulletin.......................................\.......March 8, 2006

**Contents:**

> **H.R. 2383** --- To redesignate the facility of the Bureau of
> Reclamation located at 19550 Kelso Road in Byron, California, as the
> "C.W. 'Bill' Jones Pumping Plant"
>
> **H.R. 1190 ---** San Diego Water Storage and Efficiency Act of 2005
>
> **H.R. 4192 ---** To authorize the Secretary of the Interior to
> designate the President William Jefferson Clinton Birthplace Home in
> Hope, Arkansas, as a National Historic Site and unit of the National
> Park System, and for other purposes
>
> **H.R. 4472** --- Children's Safety and Violent Crime Reduction Act of
> 2005

**H.R. 2383 -- To redesignate the facility of the Bureau of Reclamation
located at 19550 Kelso Road in Byron, California, as the "C.W. 'Bill'
Jones Pumping Plant"-- as introduced (Rogers, R-MI)**

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, March 8^th^, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 2383 designates the facility of the
Bureau of Reclamation located at 19550 Kelso Road in Byron, California,
(currently known as the Tracy Pumping Plant), as the "C.W. 'Bill' Jones
Pumping Plant."

**[Additional Information]{.underline}**: According to Committee Report
109-247, Bill Jones was a pioneer in California water development and
policy. In 1968, Jones was appointed to the State Water Commission by
then Governor Ronald Reagan, served as President of the Delta Mandota
Water Authority for 20 years, and served as a director of the Firebaugh
Canal Company for over 40 years. Jones passed away in 2003.

**[Committee Action]{.underline}**: H.R. 2383 was introduced on May 16,
2005, and referred to the House Committee on Resources, which held a
mark-up and reported the bill to the House by unanimous consent on
September 22, 2005.

**[Cost to Taxpayers]{.underline}**: Although there is no cost estimate
available for H.R. 2383, a redesignation typically yields no significant
cost to the taxpayer.

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

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-]{.underline}**

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

**[Constitutional Authority]{.underline}**: The Committee finds
authority in Article I, Section 8 of the Constitution, but fails to cite
a specific clause.

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

**H.R. 1190 --- San Diego Water Storage and Efficiency Act of 2005 ---
as amended (Hunter, R-CA)**

**[Order of Business]{.underline}**: The bill, as amended, is scheduled
for consideration on Wednesday, March 8^th^, 2006, under a motion to
suspend the rules and pass the bill.

**[Summary]{.underline}**: H.R. 1190 authorizes the Secretary of the
Interior to work with the City of San Diego and the Sweetwater Authority
to undertake a **new** study to determine the feasibility of
constructing a four reservoir intertie system (a transmission line that
links regional electric power systems) to improve water storage
opportunities, water supply reliability, and water yield of the existing
non-Federal water storage system. The study would have to document the
Secretary's engineering, environmental, and economic investigation of
the proposed reservoir and intertie project taking into consideration
the range of potential solutions and the circumstances and needs of the
area to be served by the proposed reservoir and intertie project, the
potential benefits to the people of that service area, and improved
operations of the proposed reservoir and intertie system.

H.R. 1190 caps the federal cost of the study at 50%. However, the bill
authorizes the Secretary to accept as part of the non-federal cost
share, any contribution of such in-kind services by the City of San
Diego and the Sweetwater Authority that he determines will contribute
toward the conduct and completion of the study.

The Secretary would be directed to submit to Congress a feasibility
report for the project that the Secretary recommends, and to seek, as
the Secretary deems appropriate, specific authority to develop and
construct any recommended project. The report would have to include\--

-   good faith letters of intent by the City of San Diego and the
    Sweetwater Authority and its non-Federal partners to indicate that
    they have committed to share the allocated costs as determined by
    the Secretary; and

-   a schedule identifying the annual operation, maintenance, and
    replacement costs that should be allocated to the City of San Diego
    and the Sweetwater Authority, as well as the current and expected
    financial capability to pay operation, maintenance, and replacement
    costs.

The bill authorizes up to \$3 million for the federal cost share for the
feasibility study. In addition, H.R. 1190 terminates the authority of
the Secretary to carry out any provisions in the Act (after 10 years).

**[Additional Information]{.underline}**: According to the Committee
Report 109-321, "the Sweetwater Authority is the third largest water
retailer in San Diego County and serves residential and commercial
customers in Chula Vista, National City, and Bonita, California. In
cooperation with the City of San Diego, the Authority operates a number
of reservoirs. The Authority and the City of San Diego are requesting
federal assistance, through the Secretary of the Interior, to examine
the feasibility of connecting four of those reservoirs (San Vicente, El
Capitan, Loveland, and Murray) to make more efficient use of storage
capacity."

**[Committee Action]{.underline}**: H.R. 1190 was introduced on March 9,
2005, and referred to the House Committee on Resources, which held a
mark-up, amended the bill, and reported it to the House by unanimous
consent on November 16, 2005.

**[Cost to Taxpayers]{.underline}**: CBO estimates implementation of
H.R. 1190 will cost \$3 million over two years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes. The bill would authorize \$3 million
for a new feasibility study.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-]{.underline}**

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

**[Constitutional Authority]{.underline}**: The Committee finds
authority in Article I, Section 8 of the Constitution, but fails to cite
a specific clause.

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

**H.R. 4192 --- To authorize the Secretary of the Interior to designate
the President William Jefferson Clinton Birthplace Home in Hope,
Arkansas, as a National Historic Site and unit of the National Park
System, and for other purposes (*Rep. Ross,* *D-AR*)**

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, March 8, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 4192 would direct the National Park
Service (NPS) to designate the William Jefferson Clinton Birthplace Home
in Arkansas as a national historic site and a unit of the National Park
System, if the Clinton Birthplace Foundation donates the house and
related property to the federal government. The property is located at
117 South Hervey Street in Hope, Arkansas.

**[Additional Information]{.underline}**: The residence in Hope,
Arkansas is the birthplace of the 42^nd^ President of the United States.
According to Committee Report No. 109-322, the property is currently
owned and operated by the Clinton Birthplace Foundation in conjunction
with the Clinton Center. The Clinton Birthplace Foundation was formed in
1993, as a non-profit corporation to serve the historic preservation
opportunities in President Clinton's home state.

The NPS currently manages 32 presidential sites. These include the homes
of Presidents George Washington, Abraham Lincoln, John Adams and John
Quincy Adams, Andrew Johnson, Franklin Delano Roosevelt, Harry Truman,
Herbert Hoover, James Garfield, John Kennedy, Lyndon Johnson, Martin Van
Buren, William Howard Taft. Congress has passed a similar authorization
for the Ronald Reagan Boyhood Home, but no land has been acquired yet by
NPS.

 

**[Committee Action]{.underline}**: H.R. 4192 was introduced on November
1, 2005, and referred to the House Committee on Resources, which held a
mark-up and reported the bill to the House by unanimous consent on
November 16, 2005.

**[Cost to Taxpayers]{.underline}**: Based on information provided by
the NPS, CBO expects that the federal government would accept the
donation of the Clinton home and other property in fiscal year 2006. CBO
estimates that the costs of preparing and operating the site as a unit
of the National Park System would be approximately \$1 million each
year, subject to appropriations.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill adds additional property to
the federal park service.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-]{.underline}**

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

**[Constitutional Authority]{.underline}**: The Committee finds
authority in Article I, Section 8 of the Constitution (the Powers of
Congress), but does not site a specific clause.

**RSC Staff Contact**: Sheila Cole, sheila.cole@mail.house.gov; (202)
226-9719.

H.R. 4472 --- Children's Safety and Violent Crime Reduction Act of 2005
(Sensenbrenner, R-WI)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Wednesday, March 8, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** H.R. 4472 is a combination of three separate
bills that have each previously passed the House in the 109^th^
Congress: the Children's Safety Act (H.R. 3132), Secure Access to
Justice and Court Protection Act (H.R. 1751), and the Gang Deterrence
and Community Protection Act (H.R. 1279).

H.R. 4472 would make modifications to the new national sex offender
registration program, expand the use of DNA to identify and prosecute
sex offenders, increase penalties for sexual offenses against children,
and make other modifications and expansions of federal law relating to
child safety (Titles I-VI, from H.R. 3132).

**Note:** This bill originally passed with a Rep. Conyers amendment
regarding hate-crimes, which is [not]{.underline} included in H.R. 4472.
For more information, please see this RSC Legislative Bulletin:

<http://www.house.gov/pence/rsc/doc/LB_091405_Childrens_Safety_Act_Amendments.pdf>.

The bill would establish mandatory minimum-prison sentences for certain
crimes committed against judges and certain public safety officers and
their families. It would provide increased court security through the
U.S. Marshals Service and provide new grants to states to increase the
security of courts, protect witnesses, and create threat assessment
databases. It would increase the mandatory minimum-federal sentences for
the crimes of murder in the second degree and manslaughter (Title VII,
from H.R. 1751).

The bill would create a new program for the Department of Justice to
work with state and local authorities to investigate and prosecute
criminal street gangs. The measure broadens current punishment and
prohibition in federal law addressing criminal street gang activity and
provides for the federal prosecution of juveniles 16 years of age and
older who commit acts of violence (Title VIII, from H.R. 1279). The
specific provisions of the bill are described below by title:

***[Title I: Sex Offender Registration and Notification
Act.]{.underline}***

-   Requires each jurisdiction to maintain a jurisdiction-wide sex
    offender registry and specifies the requirements for the registry.

-   Requires a sex offender to register, and keep the registration
    current, in each jurisdiction where the offender resides, where the
    offender is an employee, and where the offender is a student;

-   Requires the sex offender to initially register 1) before completing
    a sentence of imprisonment which required registration and 2) not
    later than 5 days after being sentenced for that offense if the sex
    offender is not sentenced to a term of imprisonment;

-   Requires a sex offender to inform each jurisdiction involved, not
    later than 5 days after each change of residence, employment, or
    student status;

-   Requires each jurisdiction to provide a criminal penalty that
    includes a maximum term of imprisonment that is greater than one
    year, for the failure of a sex offender to comply with the
    requirements of this title.

-   Specifies the information that the sex offender must provide when
    registering with authorities to include: the offender's social
    security number, the address and location of their residence,
    employer, license plate number, photograph, and DNA sample.

-   Requires the jurisdiction in which the sex offender registers to
    keep the registration current for life if the offense is against a
    minor, a serious sex offense or a second misdemeanor sex offense
    against a minor; and for 20 years in every other case.

-   Requires the sex offender to appear in person at least once every
    six months to verify their registry on file.

-   Requires that the sex offender be notified of their responsibilities
    to register prior to release from custody and immediately after
    sentencing for the offense requiring the duty to register.

-   Requires the residence of each registered sex offender to be
    verified at least monthly; requires address verification quarterly
    for sex offenders required to register because of a misdemeanor sex
    offense against a minor.

-   Directs the Attorney General to maintain a national database at the
    FBI for each sex offender and other person required to register in a
    jurisdiction's sex offender registry, referred to as the National
    Sex Offender Registry.

-   Directs the Attorney General to maintain a public website providing
    information where information on each sex offender may be obtained
    "by a single query."

-   Requires officials within the local jurisdiction in which a sex
    offender has registered to provide the latest registry information
    to various local, state, and federal agencies and entities within 5
    days after their registration.

-   Directs the Attorney General, when a local jurisdiction "does not
    have a minimally sufficient sex offender registration program," to
    carry out the duties imposed on that jurisdiction.

-   Requires that the provisions of this title be implemented within two
    years of enactment, but allows the Attorney General to grant a
    one-year extension.

-   Stipulates that jurisdictions that fail to implement the provision
    in this title will not receive 10 percent of the funds that would
    normally be allocated for that fiscal year to the jurisdiction under
    the Byrne Program and the Local Government Law Enforcement Block
    Grants (LLEBG) program. Allows for funds that were not allocated due
    to not compliance of this title be redirected to jurisdictions that
    are in compliance.

-   Allows the Attorney General to award a "bonus payment" to
    jurisdictions that have implemented the provisions in this title
    within two years of enactment, and specifics the amount of the
    bonus;

-   *Authorization of Appropriations:* Authorizes such sums as necessary
    for FY06-FY10 for the Sex Offender Management Assistance (SOMA)
    program.

-   Directs the Attorney General to carry out a new demonstration
    project to make grants to jurisdictions to test electronic
    monitoring devices in the SOMA program, and stipulates that no more
    than 10 jurisdictions may participate;

-   *Authorization of Appropriations:* Authorizes such sums as necessary
    to carry out this provision.

-   Requires that laws and policies be implemented to electronically
    monitor a person convicted of a state sex offense in which the
    victim was under 18 years old;

-   Requires electronic monitoring for the life of the person if the
    victim was under the age of 12, or the sex offender has a prior sex
    conviction; in other cases, requires electronic monitoring for the
    period of probation or parole;

-   Allows the Attorney General to make a bonus payment within three
    years after enactment to a state that has enacted the specified
    electronic monitoring laws, and specifies the amount of the bonus.

-   Requires that the National Center for Missing and Exploited Children
    (Center) has access to the Interstate Identification Index,
    stipulates under what conditions the Index is to be used and by
    whom, and stipulates that personnel of the Center will not be liable
    for any misuse of information within the Index if used in good
    faith;

-   Provides that personnel of Center are not liable for any civil or
    criminal action for damages directly related to the performance of
    its CyberTipline responsibilities, with specified exceptions.

-   Provides that a sex offender who has been duly notified of their
    requirement to register and who knowingly fails to register under
    the Sex Offender Registration and Notification Act will be fined and
    imprisoned not less than 5 years nor more than 20 years.

-   Directs the Attorney General to assist states and other
    jurisdictions in locating and apprehending sex offenders who violate
    sex offender registration requirements;

-   *Authorization of Appropriations*: Authorizes such sums as necessary
    for FY06-FY08 to implement this section.

-   Allows the Attorney General to make grants to states, local
    governments, Indian tribal governments, and other public and private
    entities to assist in enforcing sex offender registration
    requirements;

-   *Authorization of Appropriations:* Authorizes such sums as necessary
    for FY06-FY08 to implement this section.

-   Allows for an additional prison sentence of 10 years or more for
    anyone that "knowingly uses a controlled substance to substantially
    impair the ability of a person to appraise or control conduct, in
    order to commit a sex offense."

-   Repeals the Predecessor Sex Offender Program (42 U.S.C. 14071 and
    14072).

-   Establishes a new Office on Sexual Violence and Crimes against
    Children within the Department of Justice.

**[Title II: DNA Fingerprinting]{.underline}.**

-   Permits the Attorney General to collect DNA samples "from
    individuals who are arrested, detained, or convicted under the
    authority of the United States."

-   Directs the Attorney General to publish within 60 days of enactment
    a "model code setting forth procedures to be followed by law
    enforcement officers when investigating a missing person or a death.
    The procedures shall include the use of DNA analysis to help locate
    missing persons and to help identify human remains."

**[Title III: Prevention and Deterrence of Crimes Against
Children]{.underline}.**

-   Stipulates mandatory minimum prison sentences for persons convicted
    of a felony crime of violence against a person under the age of 18
    as follows:

    -   a sentence of death or life imprisonment if the crime of
        violence results in the death of a person under 18 years old,

    -   a sentence of at least 30 years or life imprisonment if the
        crime of violence is kidnapping, aggravated sexual abuse, sexual
        abuse, or maiming, or results in serious bodily injury,

    -   a sentence of at least 20 years or life imprisonment if the
        crime of violence results in bodily injury or is an abusive
        sexual contact offense (both defined in statute),

    -   a sentence of at least 15 years or life imprisonment if a
        dangerous weapon was used during and in relation to the crime of
        violence, and

    -   a sentence of at least 10 years or life imprisonment for any
        other case.

-   Imposes time limits and other specific limits on federal courts'
    review of habeas corpus petitions that challenge a state-court
    conviction for killing a child. In the district court, parties will
    be required to move for an evidentiary hearing within 90 days of the
    completion of briefing, the court must act on the motion within 30
    days, and the hearing must begin 60 days later and last no longer
    than 3 months. All district-court review must be completed within 15
    months of the completion of briefing. In the court of appeals, the
    court must complete review within 120 days of the completion of
    briefing.

**[Title IV: Protection Against Sexual Exploitation of
Children]{.underline}**.

-   Increases the mandatory minimum sentence for a conviction of
    aggravated sexual abuse of a child by requiring imprisonment for at
    least 30 years or for life, instead of "any term of years or life,
    or both" as current law stipulates.

-   Expands the minimum term of imprisonment to at least 10 years and
    not more than 25 years if the sexual contact was a sexual act (as
    defined in statute).

-   Expands the minimum term of imprisonment and penalty, for a person
    who engages in a sexual offense that results in the death of a
    person under the age of 12, to be imprisoned for at least 30 years
    or for life or punished by death.

-   Expands the "aggravating factors for homicide" that may warrant the
    death penalty to include "sexual abuse resulting in death."

-   Expands the terms of imprisonment for sexual exploitation of
    children to "25 years or for life" instead of "15 years nor more
    than 30 years."

-   For one or two prior convictions, expands the terms of imprisonment
    from 25-50 years to life imprisonment.

-   Expands the punishable offenses relating to the exploitation of
    children by replacing the term "sexual exploitation of children"
    with "aggravated sexual abuse, sexual abuse, abusive sexual contact
    involving a minor or ward, or sex trafficking of children, or the
    production, possession, receipt, mailing, sale distribution,
    shipment, or transportation of child pornography."

-   Expands the punishable offenses relating to material involving the
    sexual exploitation of children, and lengthens the minimum terms of
    imprisonment for various offenses related to child pornography and
    sex trafficking of children.

-   Expands the minimum term of imprisonment for using misleading domain
    names to direct children to harmful material on the internet from
    four years to at least 10 and not more than 30 years.

-   Expands the list of offenses which are punishable by mandatory life
    imprisonment to include travel with intent to engage in illicit
    sexual conduct, illicit sexual conduct in foreign places, and the
    use of interstate facilities to transmit information about a minor."

**[Title V: Foster Child Protection and Child Sexual Predator
Deterrence]{.underline}**.

-   Requires that background checks be performed on any prospective
    foster or adoptive parent and on any other adult living in the home
    of the prospective parent before approval of any foster or adoptive
    placement. Also requires that the National Crime Information
    Database and state child abuse registries are checked prior to
    approval;

-   Repeals the "opt-out" provision that allowed the governor of a state
    to opt out of the required criminal record check of prospective
    foster and adoptive parents.

-   Allows the Attorney General, upon the request of the governor of a
    state, to allow access to the federal crime information database to
    child welfare agencies to carry out criminal history record checks.
    Stipulates certain conditions and safeguards for access and imposes
    penalties for improper use or dissemination of the information.

-   Increases the mandatory minimum prison sentence to at least 10 years
    and not more than 30 years for sex offenders who induces or coerces
    any individual to travel in interstate or foreign commerce to engage
    in prostitution or other criminal sexual activity.

-   Increases mandatory minimum prison sentences for conduct relating to
    child prostitution.

-   Increases mandatory minimum prison sentences for conduct relating to
    aggravated sexual abuse.

-   Allows a court to order, as a condition of supervised release for a
    convicted sex offender who is required to register as such, that the
    person submit to a full bodily and property search at any time
    without a warrant by any law enforcement or probation officer with
    reasonable suspicion of a violation of probation;

-   Deems the confidential marital communication privilege and the
    adverse spousal privilege inapplicable in any federal proceeding in
    which a spouse is charged with a crime against a child of either
    spouse or a child in the custody of either spouse.

**[Title VI: Child Pornography Protection]{.underline}**.

-   Requires producers of pornography and sexually explicit photography
    to keep records of the names, ages, and proof of identification of
    the individuals depicted in their materials (Rep. Pence amendment to
    H.R. 3132, similar to H.R. 3726); this provision is aimed at
    frustrating pornographers that use children in soft-core pornography
    and nude pictures from claiming that they believed the children were
    over age eighteen.

-   Subjects producers of obscenity to the same forfeiture provisions as
    are in place for other crimes and allows the equipment used by
    pornographers to be forfeited. Makes the production, transportation,
    distribution and sale of obscenity a crime when the producer has the
    intent to do so across state lines.

**[Title VII: Court Security]{.underline}**.

-   Adds "federally financed public safety officer" as one of the
    positions covered under 18 U.S.C 1111, thus affording them the same
    protections against violent crimes under the law as federal law
    enforcement officers.

-   Provides for increased criminal penalties for assault, kidnapping,
    murder, threats, or conspiracy to commit such crimes against an
    immediate family member of a United States judge, a federal law
    enforcement officer or a federally funded public safety officer; for
    assaults, the penalty would increase depending on the severity of
    the assault and the injuries incurred by the victim.

-   Provides for increased penalties where the victim is a U.S. judge,
    federal law enforcement officer, or federally funded public safety
    officer (as noted above, this position is being added to those
    already protected), including various minimum and maximum prison
    sentences based on the severity of the crime; if a dangerous weapon
    was used in relation to the offense, it also requires an additional
    five-year prison term beyond what is otherwise imposed.

-   Provides for a prison term of at least 30 years for a person who
    kills, or attempts or conspires to kill, a current or former
    federally funded public safety officer while he is on duty or
    performing official duties; allows for a life sentence and, if the
    victim dies, provides for a death sentence.

-   Increases the mandatory minimum prison sentence for involuntary
    manslaughter from 6 to 10 years, and increases the maximum prison
    sentence from 10 to 20 years.

-   Increases the mandatory minimum prison sentence for second-degree
    murder to 30 years.

-   Expands and clarifies the definition of offenses relating to
    influencing or injuring a juror or officer of the court. Increases
    the maximum allowable prison sentence from 20 to 30 years.

-   Increases the maximum prison sentences for tampering with a witness
    or obstructing an official proceeding as follows:

    -   increases the maximum sentence from 20 to 30 years for attempted
        murder;

    -   increases the maximum sentence from 10 to 20 years for a threat
        or the use of physical force;

    -   increases the maximum sentence from 10 to 30 years for
        intentionally hindering or preventing communication to a judge
        regarding the commission or possible commission of a federal
        offense; and

    -   increases the maximum sentence from one to 20 years for
        harassing and thereby preventing a person from testifying in an
        official proceeding or reporting the commission or possible
        commission of a crime.

-   Increases the maximum prison sentences to 30 years (from 10 and 20
    in various circumstances) for killing or attempting to kill a
    witness, victim, or an informant in retaliation for their testifying
    or providing information to law enforcement.

-   Expands the definition of "unlawful activity" to include
    "intimidation of, or retaliation against, a witness, victim, juror,
    or informant" relating to interstate or foreign travel in aid to
    racketeering.

-   Allows a prosecution case bought under Section 1513 of title 18
    (retaliating against a witness) to be brought in the district in
    which the official proceeding or conduct occurred; in current law,
    the location of venue for this crime is not addressed.

-   Creates a new grant program administered by the Attorney General to
    states, units of local government, and Indian tribes to create and
    expand witness protection programs "to prevent threats,
    intimidation, and retaliation against victims" of crimes.

-   Appropriates \$20 million for each of fiscal years FY06 through
    FY10, for a total of \$100 million.

-   Amends the Violent Crime Control Act to authorize grants to states
    to "create and expand witness protection programs to prevent threats
    and retaliation" against victims of crime;

-   Appropriates \$20 million for each of fiscal years FY06 through
    FY10, for a total of \$100 million.

-   Directs the U.S. Marshals Service to consult and coordinate with the
    Administrative Office of the U.S. Courts "on a continuing basis"
    regarding security requirements for the judicial branch; according
    to the committee report, this provision is aimed at implementing
    security measures to protect judges and other employees and members
    of the public at federal courthouses.

-   Creates a new federal crime for filing a false lien against real or
    personal property owned by a federal judge, federal attorney, or
    federal employee (as defined by section 1114 in the U.S. Code).

-   Provides for a fine or prison sentence of up to 10 years, or both.

-   Expands items that are prohibited in federal court facilities to
    include "other dangerous weapons" (in addition to firearms currently
    prohibited); the term "dangerous weapon" is currently defined in law
    (18 U.S.C. 930) as "a weapon, device, instrument, material, or
    substance, animate or inanimate, that is used for, or is readily
    capable of, causing death or serious bodily injury, except that such
    term does not include a pocket knife with a blade of less than 21/2
    inches in length."

-   Modifies the Ethics in Government Act of 1978 by repealing the
    sunset provision regarding the filing of disclosure statements by
    federal judges; according to the committee report, this will "allow
    federal judges to continue to redact identifying information about
    them and their families while ensuring that sufficient information
    is publicly available to ensure that no conflicts or other potential
    conflicts may arise while conducting their official duties."

-   Creates a new federal crime for publishing restricted personal
    information on the Internet, (with the intent to harm, intimidate,
    or retaliate against an official or court) concerning judges, law
    enforcement, public safety officers, jurors, witness, or other U.S.
    court officers.

-   Modifies the eligibility requirements for discretionary Byrne grants
    so courts may apply directly; directs states and local governments
    to consider courts in the application process when applying for
    funds under the Byrne grant process.

-   Directs the Attorney General to submit a report to Congress on "the
    security of assistant U.S. attorneys and other federal attorneys
    arising from the prosecution of terrorists, violent criminal gangs,
    drug traffickers, gun traffickers, white supremacists, and those who
    commit fraud and other white-collar offenses." The report is
    required to include such information as the number and nature of
    threats and assaults against attorneys handing such prosecutions;

-   Creates a new federal crime for flight to avoid prosecution for
    killing an individual involved in crime and juvenile delinquency
    control and reduction (peace officer); provides for a mandatory
    minimum prison sentence of 10 years. This provision is identical to
    H.R. 3900, the Justice for Peace Officers Act, sponsored by Rep.
    Dreier (R-CA).

-   Expands the penalties for offenses against judges and law
    enforcement officers, including murder, kidnapping, and related
    federal crimes. Provides for a mandatory minimum prison sentence of
    30 years for murder or kidnapping of a federal judge or law
    enforcement officer and provides for the death penalty in both
    cases.

-   Authorizes the presiding judge of each court to permit media
    coverage (including photography, electronic recording, broadcasting
    or televising, etc.) of judicial proceedings based on his own
    discretion and provides specific procedures to be used to protect
    the security of witnesses.

-   Directs the Attorney General to make new grants to the highest state
    courts in states participating in this program to "conduct
    assessments focused on the essential elements for effective
    courtroom safety and security planning" and implement changes as
    necessary;

-   Appropriates \$20 million for each of fiscal years FY06 through
    FY10, for a total of \$100 million.

-   Appropriates an additional \$20 million to the U.S. Marshals Service
    for each fiscal year FY06 through FY10 (totaling \$100 million) to
    protect the federal judiciary, to include hiring additional
    entry-level and senior-level deputy marshals.

-   Directs the Attorney General to carry out a new program for states
    to establish and maintain a threat assessment database; defines the
    purpose and components of such a database.

-   Appropriates such sums as may be necessary for FY06 through FY09.

-   Allows the Bureau of Justice Assistance to make grants to state and
    local prosecutors and law enforcement agencies to provide witness
    assistance programs for juvenile and young adults.

-   Appropriates \$3 million for each of fiscal years FY06 through FY09,
    for a total of \$9 million.

**[Title VIII: Reduction and Prevention of Gang Violence.]{.underline}**

-   The bill redefines criminal street gang as a group consisting of
    three members committing two or more gang crimes, which is a lower
    threshold than current law. Gang crime, as defined in the bill,
    includes the following criminal activities: A crime of violence.

-   A crime involving obstruction of justice, tampering with or
    retaliating against a witness, victim, or informant, or burglary;
    and a crime involving the manufacturing, importing, distributing,
    possessing with intent to distribute, or otherwise dealing in a
    controlled substance or listed chemicals.

-   Authorizes \$50 million each year, for five years, for the purpose
    of establishing High Intensity Interstate Gang Activity Areas. The
    bill also authorizes \$7.5 million each year, for five years, to the
    U.S. Attorney General to hire 94 additional Assistant U.S.
    attorneys, each to be assigned to a high intensity interstate gang
    activity area. High Intensity Interstate Gang Activity Areas is
    defined as, an area within a State that is designated as a high
    intensity interstate gang activity area by the U.S. Attorney General
    after consultation with the Governors of appropriate States.
    According to the text, the Attorney General is to consider the
    following when designating a high intensity interstate gang activity
    area: the current and predicted levels of gang crime activity in the
    area; the extent to which violent crime in the area appears to be
    related to criminal street gang activity, such as drug trafficking,
    murder, robbery, assaults, carjacking, arson, kidnapping, extortion,
    and other criminal activity; the extent to which State and local law
    enforcement agencies have committed resources to: o respond to the
    gang crime problem and participate in a gang enforcement team; the
    extent to which a significant increase in the allocation of federal
    resources would enhance local response to the gang crime activities
    in the area; and any other criteria that the Attorney General
    considers to be appropriate.

-   Reauthorizes at \$20 million each year, for five years, the
    Community-Based Justice Grants for Prosecutors, a program last
    authorized from FY96 to FY00, with the FY00 authorization set at
    \$12 million. The funds are to be used to carry out the following
    directives, which have been added to the Community-Based Justice
    Grants for Prosecutors program: hire additional prosecutors; fund
    technology, equipment, and training for prosecutors and law
    enforcement to identify gang members and maintain informational
    databases; and fund technology, equipment, and training for
    prosecutors to prosecute young violent offenders.

-   According the bill, In order to provide Federal assistance to high
    intensity interstate gang activity areas, the Attorney General shall
    establish criminal street gang enforcement teams, consisting of
    Federal, State, and local law enforcement authorities, for the
    coordinated investigation, disruption, apprehension, and prosecution
    of criminal street gangs and offenders in each high intensity
    interstate gang activity area.

-   Directs the reassignment or detailing from any federal department or
    agency (subject to the approval of the head of that department or
    agency, in the case of a department or agency other than the
    Department of Justice) of personnel to each criminal street gang
    enforcement team; provide all necessary funding for the operation of
    the criminal street gang enforcement team in each high intensity
    interstate gang activity area; and provide all necessary funding for
    national and regional meetings of criminal street gang enforcement
    teams, and all other related organizations, as needed, to ensure
    effective operation of such teams through the sharing of
    intelligence, best practices and for any other related purpose
    (emphasis added).

-   The text stipulates that the criminal street gang enforcement teams
    are to consist of agents and officers from the following entities:
    Federal Bureau of Investigation; Drug Enforcement Administration;
    Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States
    Marshals Service; Directorate of Border and Transportation Security
    of the Department of Homeland Security; Department of Housing and
    Urban Development; State and local law enforcement; and Federal,
    State, and local prosecutors.

-   Mandatory sentencing changes:

+-----------------------+---------------------+-----------------------+
| **Criminal Offense**  | **Current mandatory | **Proposed mandatory  |
|                       | sentence**          | sentence**            |
+-----------------------+---------------------+-----------------------+
| Criminal street gang  | N/A                 | Death or life in      |
| activity resulting in |                     | prison                |
| death                 |                     |                       |
+-----------------------+---------------------+-----------------------+
| Criminal street gang  | N/A                 | Life or not less than |
| activity resulting in |                     | 30 yrs                |
| kidnapping,           |                     |                       |
| aggravated sexual     |                     |                       |
| abuse, or maiming     |                     |                       |
+-----------------------+---------------------+-----------------------+
| Criminal street gang  | N/A                 | Life or not less than |
| activity resulting    |                     | 20 yrs                |
| assault causing       |                     |                       |
| bodily injury         |                     |                       |
+-----------------------+---------------------+-----------------------+
| Carjacking            | Not more than 25    | Not less than 10 or   |
|                       | yrs                 | more than 30 yrs      |
+-----------------------+---------------------+-----------------------+
| Use of interstate     | Not more than 20    | Life or not less than |
| commerce facilities   | yrs                 | 30 yrs                |
| resulting in          |                     |                       |
| kidnapping,           |                     |                       |
| aggravated sexual     |                     |                       |
| abuse, maiming, or    |                     |                       |
| conspiracy to commit  |                     |                       |
| such an act           |                     |                       |
+-----------------------+---------------------+-----------------------+
| Use of interstate     | Not more than 20    | Life or not less than |
| commerce facilities   | yrs                 | 20 yrs                |
| in crime of violent   |                     |                       |
| assault, conspiracy   |                     |                       |
| of assault, resulting |                     |                       |
| in serious bodily     |                     |                       |
| injury                |                     |                       |
+-----------------------+---------------------+-----------------------+
| Violent crimes in aid | Kidnapping-any term | Life or not less than |
| of racketeering       | of yrs or life      | 30 yrs                |
| resulting in          |                     |                       |
| kidnapping,           | Maiming- not more   |                       |
| aggravated sexual     | than 30 yrs         |                       |
| abuse, or maiming.    |                     |                       |
+-----------------------+---------------------+-----------------------+
| Violent crimes in aid | Not more than 20    | Life or not less than |
| of racketeering       | yrs                 | 20 yrs                |
| including assault     |                     |                       |
| resulting in serious  |                     |                       |
| bodily injury         |                     |                       |
+-----------------------+---------------------+-----------------------+
| Violent crimes during | N/A                 | Death or life in      |
| and related to drug   |                     | prison                |
| trafficking resulting |                     |                       |
| in death              |                     |                       |
+-----------------------+---------------------+-----------------------+
| Use or possession of  | Not less than 5 yrs | Not less than 7 yrs   |
| firearms in crimes of |                     |                       |
| violence and drug     |                     |                       |
| trafficking resulting |                     |                       |
+-----------------------+---------------------+-----------------------+
| If firearm is         | Not less than 10    | Not less than 15 yrs  |
| discharged during     | yrs                 |                       |
| crimes of violence    |                     |                       |
| and drug trafficking  |                     |                       |
| resulting             |                     |                       |
+-----------------------+---------------------+-----------------------+
| If firearm is used to | Differs depending   | Not less than 20 yrs  |
| wound, injure, or     | on                  |                       |
| maim during crimes of |                     |                       |
| violence and drug     | weapon type         |                       |
| trafficking resulting |                     |                       |
+-----------------------+---------------------+-----------------------+

-   Requires the court to order that the convicted individual forfeit to
    the United States:

    -   any property used, or intended to be used, in any manner or
        part, to commit, or to facilitate the commission of, the
        violation;

    -   and any property constituting, or derived from, any proceeds the
        person obtained, directly or indirectly, as a result of the
        violation;

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-   Cross references the definitions in the Controlled Substances Act
    (21 U.S.C 853), to define property, both tangible and intangible, to
    outline appropriate procedures for governmental seizure and
    maintenance of forfeited property, and defines the Attorney
    General's authority to restore seized property to the individual
    under certain circumstances.

-   Deletes the attorney exception from current law, which allows a
    judge to order an individual convicted of a felony (including street
    gang crime, racketeering or racketeer influenced and corrupt
    organizations), to cease communication with a specific person,
    **other than an attorney**, if there is a probable cause to believe
    that association or communication with such person is for the
    purpose of enabling the defendant to control, manage, direct,
    finance, or otherwise participate in an illegal enterprise (emphasis
    added).

-   Provides that cases involving violent crimes in aid of racketeering
    activity and violent crimes during and related to drug trafficking
    resulting in death may be brought in: the judicial district in which
    the crime of violence occurred; or any judicial district in which
    racketeering activity of the enterprise occurred.

-   Provides that in capital cases, the trial is to be held in the
    district where the offense was committed or in any district in which
    the offense began, continued, or was completed. Also, if the offense
    for which the individual is on trial involves activities which
    affect interstate or foreign commerce, or the importation of an
    object or person into the United States, such offense may be
    prosecuted in any district in which those activities occurred.

-   Establishes a statute of limitations stating, no person shall be
    prosecuted, tried, or punished for any noncapital felony, crime of
    violence, including any racketeering activity or gang crime which
    involves any crime of violence, unless the indictment is found or
    the information is instituted not later than 15 years after the date
    on which the alleged violation occurred or the continuing offense
    was completed.

-   Allows the U.S Attorney General, in certain circumstances, to
    prosecute a juvenile as an adult who is alleged to have committed an
    act of violence after his 16th birthday.

[**Committee Action**:]{.underline} H.R. 4472 was introduced on December
8, 2005, and referred to the Judiciary and Ways and Means Committee,
which took no official action. To view the committee action for the
bills contained in this legislation, please see previous Legislative
Bulletins from 2005 for H.R. 3132, H.R. 1751, and H.R. 1279 on the RSC
website.

[**Cost to Taxpayers**:]{.underline} A CBO score of H.R. 4472 is
unavailable. However, CBO provided cost estimates for all three of the
underlying bills. For Titles I-VI, CBO estimated that implementing the
provisions "would cost about \$500 million over the FY06-FY10 period."
For Title VII, CBO estimated that the provisions "would authorize \$108
million in FY2006 and a total of \$509 million over the FY2006-FY2010
period." For Title VIII, CBO estimated the provisions "would cost
approximately \$370 million from 2006-2010, subject to appropriation."
The CBO estimate includes roughly \$60 million to incarcerate
individuals in the federal prison system for longer periods of time than
they would serve under current law. All together, it is estimated that
the bill will cost \$1.38 billion over the FY06-FY10 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}:** Yes. The bill implements and expands various
child safety programs and increases the federal role in law enforcement.
The bill would create several new federal crimes, establish several new
federal grant programs, and expand the duties of the U.S. Marshals
Service, among other things. It would also create a new program for the
Department of Justice to work with state and local authorities to
investigate and prosecute criminal street gangs.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: Yes. According to CBO,
provisions within Titles I-VI "would impose an intergovernmental mandate
as defined in the Unfunded Mandates Reform Act (UMRA) by eliminating the
ability of states to opt out of federal requirements to conduct
background checks and make alternative placements in the foster care
program. CBO estimates that the cost of that mandate would not exceed
the threshold established in UMRA (\$62 million in 2005, adjusted
annually for inflation). The bill also would add additional requirements
for state, local, and tribal governments for them to receive full
funding from three existing grant programs. CBO estimates that \$120
million would be available over fiscal years 2006-2010 for those
governments to meet the new requirements and establish new programs,
assuming appropriation of the estimated amounts. Any additional costs to
those governments would be incurred voluntarily as a condition of
receiving federal aid. It would impose private-sector mandates, as
defined in UMRA, on individuals who have been arrested or detained for
federal offenses and on individuals who have been convicted of or
adjudicated for certain sex offenses. CBO estimates that the aggregate
direct costs of the mandates would be not be large and would fall well
below the annual threshold established by UMRA for private-sector
mandates (\$123 million in 2005, adjusted annually for inflation)."
Also, under Title VIII, the bill would broaden and increase federal
mandatory sentencing for gang-related crime

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

However, all three of the committee reports for the underlying bills
cited constitutional authority in Article 1, Section 8 of the
Constitution, but all three failed 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

**\###**