![](media/image1.jpeg){width="6.489583333333333in"
height="1.15625in"}**Legislative
Bulletin.....................................January 16, 2008**

> **Contents:**
>
> **H.Res. 912**---Condemning the assassination of former Pakistani
> Prime Minister Benazir Bhutto
>
> and reaffirming the commitment of the United States to assist the
> people of Pakistan in combating terrorist activity and promoting a
> free and democratic Pakistan
>
> **H.Res. \_\_\_**---Providing for the concurrence by the House in the
> Senate amendment to H.R. 4253 with an amendment---Military Reservist
> and Veteran Small Business Reauthorization and Opportunity Act of 2007
>
> **H.R. \_\_\_** ---National Defense Authorization Act for Fiscal Year
> 2008

H.R. 2930---Section 202 Supportive Housing for the Elderly Act of 2007

*(Mahoney, D-FL)*

H.Res. 912---Condemning the assassination of former Pakistani Prime
Minister Benazir Bhutto and reaffirming the commitment of the United
States to assist the people of Pakistan in combating terrorist activity
and promoting a free and democratic Pakistan *(Ackerman, D-NY)*

**[Order of Business]{.underline}**: H.Res. 912 is scheduled to be
considered on Wednesday, January 16, 2008, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 912 would express the sense that the
House:

-   "condemns in the strongest terms the assassination of former
    Pakistani Prime Minister Benazir Bhutto and expresses its
    condolences to her family and the families of all those who were
    killed or injured in the attack of December 27, 2007;

-   "supports efforts by Pakistan to expeditiously bring to justice
    those who have perpetrated this cruel and cowardly attack;

-   "welcomes the provision of assistance by the Government of the
    United Kingdom of expertise to the Government of Pakistan in the
    conduct of the investigation of the attack;

-   "commends the Government of Pakistan for accepting such assistance
    and urges that government to allow experts from the United Kingdom
    to participate in such investigation in the fullest possible manner;

-   "urges the people and Government of Pakistan to be relentless in its
    pursuit of a democratically-elected government, including the
    holding of free and fair elections at the earliest possible
    opportunity;

-   "expresses its support for the freedom of the media, the ability of
    political parties to express their views without restriction, and
    the independence of the judiciary in Pakistan; and

-   "reaffirms the commitment of the United States to assist the people
    of Pakistan in combating terrorist activity and promoting a free and
    democratic Pakistan."

The resolution lists a number of findings, including:

-   "the attack on Ms. Bhutto also killed some 20 other innocent
    bystanders and fellow Muslims;

-   "Ms. Bhutto had returned to Pakistan in October 2007 after 8 years
    of self-imposed exile for the stated purpose of bringing democracy
    and the voice of moderation back to Pakistan;

-   "Pakistan has struggled historically in its path toward a secure and
    stable democracy, having been ruled by unelected leaders for 34 out
    of 60 years of Pakistan's history;

-   "Pakistan has been plagued by over 40 suicide attacks, claiming over
    700 lives in 2007;

-   "the Federally Administered Tribal Areas in Pakistan are being used
    by al Qaeda, the Taliban, and other terrorist and extremist elements
    to regroup, retrain, and recruit for future attacks in Afghanistan
    and Pakistan;

-   "Pakistan is a nuclear-armed nation, adding another level of
    complexity to Pakistan's deteriorating security situation and
    raising the specter of nuclear arms falling into the hands of
    extremists in the future;

-   "the international community has a vital interest in supporting a
    free, stable, and secure Pakistan so as to stem the rise of
    extremism in the region, prevent global acts of terrorism
    originating in Pakistan, and support the movement toward stable
    political institutions and democratic values and the rule of law;

-   "in the past 5 years, the United States has provided over
    \$5,000,000,000 in assistance to Pakistan and an additional
    \$5,000,000,000 to reimburse Pakistan for its expenses incurred in
    combating terrorism;

-   "a significant portion of United States assistance and
    reimbursements have gone to support Pakistani military operations in
    the Pakistan-Afghanistan border region, counterterrorism operations
    in the Federally Administered Tribal Areas in Pakistan and to
    increase Pakistan's counterterrorism and military capability;

-   "there is an acute need for additional assistance from the United
    States and other countries to support and promote Pakistan's
    economic, social, and political development; and

-   "the tragic death of Ms. Bhutto creates even greater uncertainty in
    an unstable region."

**[Committee Action]{.underline}**: H.Res. 912 was introduced on January
15, 2008, and referred to the Committee on Foreign Affairs, which took
no official action.\
\
**[Cost to Taxpayers:]{.underline}** The resolution does not authorize
expenditures.\
\
**[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}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.Res. \_\_\_---Providing for the concurrence by the House in the Senate
amendment to H.R. 4253, with an amendment---Military Reservist and
Veteran Small Business Reauthorization and Opportunity Act of 2007
*(Velazquez, D-NY)*

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, January 16, 2007, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.Res. \_\_\_ would concur with a Senate
amendment to H.R. 4253. The original version of the bill passed the
House on December 5, 2007, by a vote of
[407---2](http://clerk.house.gov/evs/2007/roll1138.xml).

The House-passed version of H.R. 4253 expanded the SBA's grant and
outreach programs for veterans and reservists and indefinitely extended
the SBA's committee on veterans' affairs.

On December 19, 2007, the Senate incorporated a similar bill, [S.
1784](http://www.congress.gov/cgi-lis/bdquery/z?d110:SN01784:|/billsumm/billsumm.php|),
as an amendment to H.R. 4253. S. 1784 omitted sections 201---203 and
added a section relating to SBA disaster loans for veterans. According
to the Small Business Committee, the specific provisions of the
concurrence between the Senate and House versions of the bill are still
being negotiated. A compromise bill would likely remove or lower the
authorization levels in Section 203 in order to lower the total cost of
the bill. At press time, however, the specific Senate amendments in
H.Res.\_\_\_ were not available.

What follows is a section-by-section summary of the House-passed version
of H.R. 4253. As noted above, some of the provisions are certain to
change with the incorporation of the Senate amendment.

***Sec. 101. Increased Funding for the Office of Veterans Business
Development***

-   Authorizes \$2.1 million in FY 2008 and \$2.3 million in FY 2009 for
    the SBA's [Office of Veterans Business
    Development](http://www.sba.gov/aboutsba/sbaprograms/ovbd/index.html).
    The funds would remain available until expended.

***Sec. 102. Interagency Task Force***

-   Requires the President to establish an interagency task force to
    coordinate federal efforts to increase capital and business
    opportunities for small businesses owned and controlled by service
    veterans, especially service-disabled veterans.

***Sec. 103. Permanent Extension of SBA Advisory Committee on Veterans
Business Affairs***

-   Indefinitely extends the SBA's committee on veterans' business
    affairs.

***Sec. 104. Office of Veterans Business Development***

-   Requires the Office of Veterans Business Development to participate
    in the Department of Labor's [Transition Assistance
    Program](http://www.dol.gov/vets/programs/tap/tap_fs.htm) (TAP). In
    carrying out this section, the Office of Veterans Business
    Development is required to provide written materials that give
    veterans comprehensive information about SBA programs for veterans
    and reservists. The information would then be included in the TAP
    manual.

-   Requires the Office of Veterans Business Development to establish a
    Women Veterans Business Training Resource Program to compile and
    disseminate information regarding business training for women
    veterans.

***Sec. 105. Increasing the Number of Outreach Centers***

-   Requires the SBA Administrator to create at least two new Veterans
    Business Outreach Centers annually in 2008 and 2009 and continue to
    increase the number of outreach centers by an "appropriate" amount
    thereafter.

***Sec. 106. Independent Study on Gaps in Outreach Centers***

-   Requires the SBA Administrator to sponsor an independent study on
    any gaps in availability between Veterans Business Outreach Centers
    across the county. The study will be used to determine funding
    allocations in the future.

***Sec. 201, 202. National Reservist Enterprise Transition and
Sustainability Act of 2007***

-   Creates the Reservist Enterprise Transition and Sustainability
    Program to utilize various federal agencies and programs to assist
    and expand access to small businesses opportunities for U.S. Armed
    Forces Reservists.

***Sec 203. National Guard and Reserve Business Assistance***

-   Requires the SBA Administrator to establish a program to provide
    business planning assistance to small businesses owned and operated
    by reservists.

-   Authorizes the SBA to make grants of up to \$300,000 available to
    veterans' business assistance programs that provide technical and
    capital services to small businesses owned by reservists.

-   Authorizes the appropriation of \$5 million in the first year after
    the enactment of the Act and an additional \$5 million in the
    following year.

***Sec. 204. Veterans Assistance and Services Program***

-   Allows for Small Business Development Centers (SDBCs) to apply for
    grants to create marketing programs that advertise the SDBCs'
    services for veterans, conduct online entrepreneurship counseling
    for veterans, and increase coordination between organizations that
    assist veterans.

-   Sets the minimum level for a grant provided under this section at
    \$75,000.

***Sec. 301. Reservist Programs***

-   Extend the time period that business would be eligible to apply for
    SBA injury disaster loans due to a military deployment from 90 days
    to one year.

-   Authorizes the Administrator to waive the one year ending date and
    provide a later ending date "when appropriate."

-   Establishes an outreach program to make small business owners aware
    that injury disaster loans are made available for businesses owners
    being deployed.

***Sec. 302. Reservist Loans***

-   Increase the maximum loan amount for SBA injury disaster loans due
    to military deployment from \$1.5 million to \$2 million.

***Sec. 303. Noncollateralized Loans***

-   Authorizes the SBA to make loans of up to \$50,000 to reservists
    without collateral and allows those taking non-collateral loans to
    defer payments for one year.

***Sec. 304. Loan Priority***

-   Requires the SBA Administrator to give priority to loan applicants
    that are reservists.

***Sec. 305. Relief from Time Limitations***

-   Extends the time limits on SBA programs for reservists and
    service-disabled veterans by the amount of time the veteran served
    in active duty.

***Sec. 306, 307. SBA Veteran and Reservist Program Studies***

-   Requires the Comptroller General to conduct a study on the types of
    SBA services needed by service-disabled veterans and any resources
    that would assist services-disabled veterans to become
    entrepreneurs.

-   Requires the Comptroller General to conduct a study on the options
    for promoting positive relations between reservist employees and
    their employers. The study would also assess whether there has been
    a reduction in the hiring of reservists because of the increased use
    of reservists since September 11, 2001.

***Sec. 308. Increased Veteran Participation Program***

-   Requires the SBA Administrator to carry out an Increased Veteran
    Participation Program by eliminating guaranty and annual lender fees
    for businesses that are majority-owned by veterans. These fees apply
    to 7(a) loans, which are the SBA's most widely used loans.

**[Additional Background]{.underline}**: The SBA currently provides
services such as loan guarantees, business counseling, and technical
assistance to veterans that wish to begin a small business. According to
the SBA, services offered by the administration serve roughly 72,000
veteran entrepreneurs through current Small Business Development Centers
and the Service Corps of Retired Executives. Over the past seven years,
the SBA reports that it has guaranteed over 50,000 loans to veterans,
totaling \$10 billion, through current SBA programs. H.R. 4253 is the
thirteenth expansion of the SBA considered in the 110^th^ Congress.

**[Committee Action]{.underline}**: H.Res. \_\_\_, a bill in the House
to concur with the Senate amendment is expected to be introduced today,
January 16, 2008.

**[Cost to Taxpayers]{.underline}**: A CBO score for H.Res.\_\_\_\_ was
not available at press time. The version of H.R. 4253 that was passed in
the House bill would have authorized \$7.1 million in FY 2008 and \$14.5
million over the FY 2008 -- FY 209 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, it creates new federal programs,
administered by the SBA, to assist small businesses owned by veterans,
reservists, and other military personnel.

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

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}**: An earmarks/revenue
benefits statement required under House Rule XXI, Clause 9(a) was not
available at press time.

**[Constitutional Authority]{.underline}**: A committee report citing
constitutional authority is unavailable. House Rule XIII, Section
3(d)(1), requires that all committee reports contain "a statement citing
the specific powers granted to Congress in the Constitution to enact the
law proposed by the bill or joint resolution."

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

H.R. \_\_\_ **---National Defense Authorization Act for Fiscal Year 2008
*(Skelton, D-MO)***

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, January 16, 2008, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. \_\_\_ would authorize \$696.3 billion
for Department of Defense programs for FY 2008. The authorization is the
same level that passed the House on December 12, 2007, in the
[Conference Report to H.R.
1585](http://www.congress.gov/cgi-lis/query/D?c110:7:./temp/~c110y70rW3::).
The provisions in the new NDAA bill would be identical to the original
Conference Report with two key exceptions.  First, the new authorization
would grant the current Iraqi government a waiver protecting it from
civil suits while allowing U.S. citizens to make terrorism claims
against other nations. Second, the bill would make combat pay raises and
signing bonuses for members of the armed forces retroactive as of
January 1, 2008. 

H.R. \_\_\_ was introduced in order to include compromise language to
address the objections of the Bush Administration and the Iraqi
government that led to the President's veto of H.R. 1585.

To read the RSC's detailed Policy Brief on the NDAA veto, [click
here](http://www.house.gov/hensarling/rsc/doc/pb_011408_dodreauthorizationveto.doc).

To read the RSC's original Legislative Bulletin for the Conference
Report for the NDAA, [click
here](http://www.house.gov/hensarling/rsc/doc/lb_121207_dodauthfy08confrpt.doc).

 

[**Committee Action**:]{.underline} H.R. \_\_\_ will be introduced
Today, January 16, 2008.

[**Cost to Taxpayers**:]{.underline} A CBO score for H.R. \_\_\_ was not
available at press time. However, the bill would authorize \$506.9
billion to operate the Department of Defense (DoD) and the national
security functions of the Department of Energy (DoE) and an additional
\$189.4 billion for war operations in Iraq and Afghanistan (\$696.3
billion total).

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, the bill creates several new programs.

[]{.mark}

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** CBO stated that provisions of
the House-passed version of H.R. 1585 "contain both intergovernmental
and private-sector mandates as defined in UMRA, but CBO estimates that
the annual cost of those mandates would not exceed the thresholds
established in UMRA (\$66 million for intergovernmental mandates in 2007
and \$131 million for private-sector mandates in 2007, adjusted annually
for inflation)."

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}** Yes. The House Armed
Services Committee, in House Report
[110-146](http://www.house.gov/hensarling/rsc/doc/LB_051006_defenseauthfy07.doc)
(pages 559-571), listed 680 separate Member earmarks totaling at least
\$37.4 billion (with individual earmarks ranging from \$250,000 to 2.42
billion) in the House-passed version of H.R. 1585.e.

**[Constitutional Authority]{.underline}**: The Armed Services
Committee, in House Report
[110-146](http://www.house.gov/hensarling/rsc/doc/LB_051006_defenseauthfy07.doc)
finds constitutional authority in Article I, Section 8, but does not
cite a specific clause. House Rule XIII, Section 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." *\[emphasis added\]*

Article I, Section 8, Clause 1 grants Congress the power to "provide for
the common Defence and general welfare of the United States." Article I,
Section 8, Clauses 12 through 16 grant Congress the power "To raise and
support Armies, but no Appropriation of Money to that Use shall be for a
longer Term than two Years; To provide and maintain a Navy; To make
Rules for the Government and Regulation of the land and naval forces; To
provide for calling forth the Militia to execute the Laws of the Unions,
suppress Insurrections and repel Invasions; To provide for organizing,
arming, and disciplining, the Militia and for governing such Part of
them as may be employed in the Service of the United States..." In
addition, Article I, Section 8, Clause 17 provides that Congress shall
have the power "To exercise exclusive Legislation in all Cases
whatsoever...over all Places purchased by the Consent of the Legislature
of the state in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful Buildings."

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