![](media/image1.jpeg){width="6.489583333333333in"
height="1.15625in"}**Legislative
Bulletin...........................................December 19, 2007**

> **Contents:**
>
> **S. 1396---**A bill to authorize a major medical facility project to
> modernize inpatient wards at the Department of Veterans Affairs
> Medical Center in Atlanta, Georgia
>
> **H.R. 1896---**A bill to designate the facility of the United States
> Postal Service located at 11 Central Street in Hillsborough, New
> Hampshire, as the "Officer Jeremy Todd Charron Post Office"
>
> **H.R. 660**---Court Security Improvement Act of 2007 (Including
> modifications made by H.Con.Res. \_\_\_ and S.Con.Res. \_\_\_)
>
> **S. 863---**Emergency and Disaster Assistance Fraud Penalty
> Enhancement Act of 2007
>
> **H.R. 4040---**Consumer Product Safety Modernization Act

**S. 1396---A bill to authorize a major medical facility project to
modernize inpatient wards at the Department of Veterans Affairs Medical
Center in Atlanta, Georgia (Isakson, R-GA)**

**[Order of Business]{.underline}**: S, 1396 is scheduled for
consideration on Wednesday, December 19, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 1396 would authorize the Secretary of
Veterans Affairs to carry out a major medical facility project for
modernization of inpatient wards at the Department of Veterans Affairs
Medical Center in Atlanta, Georgia in an amount not to exceed
\$20,534,000.

**[Background]{.underline}**: According to the House Veteran's Affairs
Committee, "The Department of Veterans Affairs (VA), in accordance with
section 8104 of title 38, United States Code, requested for FY 2008 an
authorization of \$20.534 million for a major medical facility project
to modernize patient wards at the Atlanta, Georgia VA Medical Center.

"This project will renovate three inpatient floors to meet the Americans
with Disabilities Act (ADA) accessibility requirements, meet women
veterans needs, correct patient privacy issues, and improve staff
efficiencies with improved functional layout. In addition, an enclosed
connecting bridge will be built between the Medical Center and VA's
Regional Office building to improve access between functions.

"VA has notified the Committee that the Atlanta project is currently
being delayed by the lack of an authorization and the delay will
continue until an authorization is received. S. 1396 would authorize the
Atlanta project."

**[Committee Action]{.underline}**: S. 1396 was introduced on May 5,
2007, and was referred to the Senate Committee on Veterans' Affairs,
which discharged the bill by unanimous consent on December 13, 2007. On
the same day, the Senate passed the bill, without amendment, by
unanimous consent.

[**Cost to Taxpayers**:]{.underline} A CBO score of S. 1396 is
unavailable. However, the bill would authorize up to \$20 million,
subject to appropriation.

**[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 was not available. House Rule XIII, Section
3(d)(1), requires that all committee reports contain "a statement citing
the *specific* powers granted to Congress in the Constitution to enact
the law proposed by the bill or joint resolution." *\[emphasis added\]*

**[RSC Staff Contact]{.underline}**: Sarah Makin;
[[sarah.makin@mail.house.gov]{.underline}](mailto:sarah.makin@mail.house.gov);
202-226-0718.

**H.R. 1896---A bill to designate the facility of the United States
Postal Service located at 11 Central Street in Hillsborough, New
Hampshire, as the "Officer Jeremy Todd Charron Post Office" *(Sen.
Sununu, D-NH) ***

**[Order of Business]{.underline}**: H.R. 1896 is scheduled for
consideration on Wednesday, December 19, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 1896 would designate the facility of the
United States Postal Service located at 11 Central Street in
Hillsborough, New Hampshire, as the "Officer Jeremy Todd Charron Post
Office."

**[Additional Background]{.underline}**: According to the sponsor's
office, Officer Jeremy Todd Charron of the Epsom, New Hampshire, Police
Department, was killed in the line of duty at age 24 on August 24, 1997.

**[Committee Action]{.underline}**: H.R. 1896 will likely be introduced
on the floor today.

[**Cost to Taxpayers**:]{.underline} A CBO score of H.R. 1896 is
unavailable, but the only costs associated with a U.S. post office
renaming are those for sign and map changes, none of which significantly
affect the federal budget.

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

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

**[Constitutional Authority]{.underline}**: Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 of the Constitution grants Congress the authority to establish
Post Offices and post roads.

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

**S. 863---Emergency and Disaster Assistance Fraud Penalty Enhancement
Act of 2007 (Sessions, R-AL)**

**[Order of Business]{.underline}**: S. 863 is scheduled for
consideration on Wednesday, December 19, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 863 would amend the federal criminal code
to impose a fine and/or prison sentence if an individual that, with
respect to major disaster benefits:

-   "falsifies, conceals, or covers up by any trick, scheme, or device
    any material fact; or

-   "makes any materially false, fictitious, or fraudulent statement or
    representation, or makes or uses any false writing or document
    knowing the same to contain any materially false, fictitious, or
    fraudulent statement or representation.

These standards would apply to a benefit, "transported, transmitted,
transferred, disbursed, or paid in connection with a major disaster or
emergency declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, or in connection with the procurement of
property or services by a contractor, subcontractor, or supplier during
a major disaster or emergency declaration."\
\
S. 863 also impose a maximum fine for engaging in wire, radio,
television, or mail fraud during a presidentially declared major
disaster or emergency.\
\
In addition, S. 863 directs the U.S. Sentencing Commission to:

-   "promulgate sentencing guidelines or amend existing guidelines to
    provide for increased penalties for persons convicted of fraud or
    theft offenses in connection with a major disaster or emergency
    declaration; and

-   "submit to the House and Senate Judiciary Committees an explanation
    of its guidelines and additional recommendations for combating such
    fraud or theft offenses."

**[Committee Action]{.underline}**: S. 863 was introduced on March 13,
2007, and was referred to the Senate Committee on the Judiciary, which
ordered the bill to be reported without amendment on May 22, 2007. On
December 4, 2007, the bill passed the Senate without amendment by
Unanimous Consent.\
\
[**Cost to Taxpayers**:]{.underline} According to the CBO, "S. 863 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, S. 863 would increase penalties on
individuals who knowingly take advantage of benefits granted to them by
the federal government during a declared national emergency.\
\
**[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 was not available. House Rule XIII, Section
3(d)(1), requires that all committee reports contain "a statement citing
the *specific* powers granted to Congress in the Constitution to enact
the law proposed by the bill or joint resolution." *\[emphasis added\]*

**[RSC Staff Contact]{.underline}**: Sarah Makin;
[[sarah.makin@mail.house.gov]{.underline}](mailto:sarah.makin@mail.house.gov);
202-226-0718.

**H.R. 660---Court Security Improvement Act of 2007 *(Conyers, D-MI) ***

**[Order of Business]{.underline}**: H.R. 660 is scheduled for
consideration on Wednesday, December 19, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 660 would establish new laws and
penalties and authorize \$350 million over five years to improve safety
for federal judges, their families, and those who work at federal
courthouses. The bill increases penalties for crimes against judges and
their family members; increases penalties for crimes against court
employees; increases penalties for witness intimidation; and prohibits
the possession of dangerous weapons in federal courthouses. The specific
provisions of H.R. 660 are summarized below:

-   Requires the Director of the U.S. Marshals Service and the U.S.
    Judicial Conference to continually consult with each other
    concerning security requirements for the judicial branch in order to
    insure that the views of both entities are taken into account when
    determining staffing levels, judicial security priorities, and
    allocating judicial security resources;

-   Establishes a crime for intentionally filing a false lien or
    encumbrance against the property of a judge, his family, or any
    court personnel on account of the performance of their duties,
    punishable by up to 10 years in prison;

-   Establishes a crime for knowingly distributing personal information
    about a judge, his family, or any court personnel with the intent to
    threaten, intimidate, or incite a crime, punishable by up to five
    years in prison;

-   Bans all "dangerous weapons" from courts (currently, only guns are
    banned);

-   Permits the U.S. Marshal Service to provide security for federal tax
    courts, which they can only currently do under special
    circumstances;

-   Authorizes \$20 million annually between FY2008 and FY2013 in order
    for the U.S. Marshal Service to higher new employees for the
    purposes of providing judicial security, providing protective detail
    to individuals, and providing secure computer systems;

-   Increases the minimum sentence for crimes committed against a
    witness, victim, or informant in retaliation for their testimony
    from 20 years to 30 years;

-   Increases the minimum sentence for crimes committed against a
    witness, victim, or informant that caused injury or harm to the
    person against whom they testified from 10 years to 20 years;

-   Increases the minimum sentence for the threat of violence against a
    witness, victim, or informant from 10 years to 20 years;

-   Increases the minimum sentence for the harassment of a witness,
    victim, or informant from one year to three years;

-   Increases the maximum federal penalty for manslaughter (of any
    victim) from 10 years to 20 years and increases the maximum penalty
    for involuntary manslaughter from six years to 10 years;

-   Increases the federal penalty for assault (of any victim) from
    anywhere between one year in prison 10 years in prison in a case of
    simple assault;

-   Increases the maximum federal penalty for assault that results in
    "serious bodily injury" to 15 years and increases the maximum
    penalty for assault with a deadly weapon to 30 years in prison;

-   Authorizes \$20 million in grants annually between FY2008 and FY
    2012 for states to asses and change courtroom safety; \$20 million
    in grants annually between FY2008 and FY 2012 for state, local, and
    tribal governments to improve their witness protection programs; and
    \$10 million in grants annually between FY2008 and FY 2012 for
    fugitive apprehension task forces;

-   Requires the U.S. Courts to increase life insurance payments for
    bankruptcy court and district judges.

**[Senate Amendment]{.underline}**: According to the House Judiciary
Committee, the Senate amendment has made the following significant
changes to H.R. 660:

-   Extends sunset for judicial redaction of financial filings for two
    years (House version made redaction authority permanent);

-   Restricts coverage of State and local law enforcement officers (only
    when involved in federal task force) to protect against disclosure
    of personal information on the Internet. (Sec. 202);

-   Reduces maximum penalties for voluntary and involuntary manslaughter
    (Sec. 207);

-   Clarifies increase in assault penalties against law enforcement,
    judges and families of law enforcement and judges (Sec. 208);

-   Restricts ability of senior judges to participate in district
    judicial matters to only those senior judges that work as much as an
    active judge in a six month period (Sec. 503);

-   Transfers one US Court of Appeals for District of Columbia judgeship
    to Ninth Circuit (Sec. 509);

-   Adds in new section requiring DOJ study of collateral consequences
    to felony convictions (Sec. 510).

**[H. Con. Res \_\_\_ and S. Con. Res \_\_\_]{.underline}**: Both of
these resolutions will make technical corrections to H.R. 660 which will
correct a PAYGO violation which led to the bill being pulled off of the
suspension calendar yesterday. No further details on the resolutions are
available.

**[Committee Action]{.underline}**: On January 24, 2007, H.R. 660 was
referred to the Committee on the Judiciary, the Committees on Ways and
Means, and the Committee on Oversight and Government Reform. On March 1,
2007, bill was referred to the Judiciary Subcommittee on Crime,
Terrorism, and Homeland Security, which held a mark up and ordered the
bill reported to the full Committee by voice vote on June 7, 2007. The
Judiciary Committee held a mark up and reported the bill, as amended, by
voice vote on June 13, 2007. On July 10, 2007 the House passed H.R. 660
under suspension, by voice vote. Today we are voting on H.R. 660, which
has returned from the Senate with an amendment.

**[Cost to Taxpayers]{.underline}**: According to CBO, H.R. 660 would
authorize \$75 million in FY2008 and \$350 million over the
FY2008-FY2012 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: The bill would increase the penalties for
numerous crimes related to judges, their families and court personnel,
as well as manslaughter and assault regardless of the victim. H.R. 660
also creates new grant programs for state, local, and tribal governments
to increase protection for judicial employees and witnesses.

**[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}** According to [[House
Report
110-218]{.underline}](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr218):),
"H.R. 660 does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI."

**[Constitutional Authority]{.underline}**: According to [[House Report
110-218]{.underline}](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr218):),
"the Committee finds the authority for this legislation in article I,
section 8 of the Constitution," but does not cite a specific clause.

**[RSC Staff Contact]{.underline}**: Sarah Makin;
[[sarah.makin@mail.house.gov]{.underline}](mailto:sarah.makin@mail.house.gov);
202-226-0718.

**H.R. 1216---Cameron Gulbransen Kids and Cars Safety Act of 2007
*(Schakowsky, D-IL) ***

**[Order of Business]{.underline}**: H.R. 1216 is scheduled for
consideration on Wednesday, December 19, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 1216 would require light motor vehicles
to have power windows and panels that automatically reverse direction
when they detect an obstruction to prevent children from being trapped,
injured, or killed. The bill would also require light motor vehicles to
have a rearward visibility performance standard that provides drivers
with a means for detecting the presence of a person or object behind the
vehicle to prevent death and injury resulting from backing incidents.
The bill would require new light motor vehicles to comply with the
regulations within 42 months.

H.R. 1216 would also require that the secretary issue regulations to
require light motor vehicles with automatic transmissions to have a
system that requires the service brake to be depressed before the
transmission can be shifted out of the 'park' position.

Finally, the bill would require the secretary to create a database
containing information about the hazards of non-traffic, non-crash
accidents. In addition, the secretary would be required to create a new
consumer information program to disseminate the information. The bill
would require that information be provided on the Internet to address
ways in which parents and caregivers can reduce risks to small children
arising from back over incidents, hyperthermia in closed vehicles,
accidental actuation of power windows, and any other risks the Secretary
determines should be addressed.

**[Additional Background]{.underline}**: According to CRS, "Currently,
separate CAFE standards are established for passenger cars and light
trucks (which include SUVs, vans, and pickups). Standards for MY1979
light trucks were established for vehicles with a gross vehicle weight
rating (GVWR) of 6,000 pounds or less. Standards for MY1980 to MY2000
are for light trucks with a GVWR of 8,500 pounds or less. Starting in
MY2011, the light truck CAFE program will include medium duty passenger
vehicle (MDPVs), trucks with a GVWR between 8,500 and 10,000 pounds that
primarily transport passengers (e.g., large SUVs, passenger vans)."

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that H.R. 1216 would apply new and possibly burdensome
regulations to light motor vehicle manufacturers. Conservatives may also
be concerned that this bill contains neither a CBO score to calculate
the potential private sector costs of the regulations or any evidence
that these new regulations would cause a significant reduction in auto
accidents.

**[Committee Action]{.underline}**: H.R. 1216 was introduced on February
27, 2007, and was referred to the Committee on Energy and Commerce
Subcommittee on Commerce, Trade and Consumer Protection, which took no
official action.\
\
[**Cost to Taxpayers**:]{.underline} A CBO score for H.R. 1216 was not
available at press time.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, H.R. 1216 would create a new database
and consumer information program regarding non-traffic, non-crash auto
accidents.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** The bill would require that
manufacturers of light motor vehicles comply to new production
regulations, however, a CBO score detailing the cost of the mandates is
unavailable.

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

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

**H.R. 4040---Consumer Product Safety Modernization Act *(Rush, D-IL)***

**[Order of Business]{.underline}**: H.R. 4040 is scheduled for
consideration on Wednesday, December 19, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 4040 would reauthorize, amend, and
extend the Consumer Product Safety Act. Among other things, the bill
would:

-   Tighten the ban on hazardous lead in product's specifically made for
    children.

-   Mandate that the Consumer Product Safety Commission must have an
    independent third party test every children's product that is
    reviewed by the commission.

-   Require manufacturers to place identifiable labels on children's
    products in the event of a recall.

-   Require that the Commission examine and assess the effectiveness of
    any voluntary consumer product safety standards on durable infant or
    toddler product.

-   Reauthorize the Commission at the following levels:

> \--\$80 million in FY 2009
>
> \--\$90 million in FY 2010
>
> \--\$100 million in FY 2011

-   Increase the Commission's authority to declare a substance or
    mixture to be 'hazardous.'

-   Increase standards on manufacturers for corrective action plans in
    the event of a hazardous product threat.

-   Require the Commission to identify and keep a record of every
    manufacturer, importer, retailer, or distributor of a consumer
    product that is called into question under the Consumer Product
    Safety Act.

-   Allow the Commission to prohibit a person from exporting certain
    products that are regulated under the Consumer Product Safety Act.

-   Prohibit the resale of recalled products.

-   Increase civil penalties against people who violate consumer product
    laws.

-   Include asset forfeiture as a criminal penalty for violating
    consumer product laws.

-   Expand communication sharing between state, local, federal, and
    foreign government agencies concerning product safety regulations.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that H.R. 4040 would apply new regulations to manufacturers
of children's products without a CBO score to determine the potential
private sector costs.

**[Committee Action]{.underline}**: H.R. 4040 was introduced on November
11, 2007, and was referred to the Committee on Energy and Commerce,
which held a mark-up and reported the bill, as amended, by voice vote.\
\
[**Cost to Taxpayers**:]{.underline} A CBO score for H.R. 4040 was not
available. However, the bill would authorize \$80 million if FY 2009 and
\$270 million over the FY 2009---FY 2011 period.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, H.R. 404 would create new regulatory
power under the Consumer Product Safety Act.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** Yes, the bill includes numerous
mandates on manufacturers of children's products.

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

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