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# 

# Legislative Bulletin..............................................February 7, 2007

**Contents:**

> **H.R. 365 ---** Methamphetamine Remediation Research Act of 2007
>
> **H.Res. 72 ---** Recognizing the work and accomplishments of Mr.
> Britt "Max" Mayfield, Director of the National Hurricane Center's
> Tropical Prediction Center upon his retirement
>
> **H.Res. 99** --- Commending the University of Nebraska-Lincoln
> volleyball team for winning the NCAA Division I Women's Volleyball
> Championship
>
> **H.Res. 120 ---** Recognizing the African American spiritual as a
> national treasure
>
> **H.R. 187 ---** Gerald W. Heaney Federal Building and United States
> Courthouse and Customhouse
>
> **H.R. 238** --- To repeal a prohibition on the use of certain funds
> for tunneling in certain areas with respect to the Los Angeles to San
> Fernando Valley Metro Rail project, California
>
> **H.R. 434** --- Short Term Extension of the Small Business
> Administration as amended by the Senate
>
> **H.R. 742** --- To amend the Antitrust Modernization Commission Act
> of 2002, to extend the term of the Antitrust Modernization Commission
> and to make a technical correction
>
> **H.Res. 69** --- Recognizing and honoring Benny Parsons and
> expressing the condolences of the House of Representatives to his
> family on his death
>
> **H.Res. \_\_ ---** Congratulating the National Football League
> champion Indianapolis Colts for winning Super Bowl XLI and for
> bringing the City of Indianapolis and the State of Indiana their first
> Lombardi Trophy

H.R. 365 --- Methamphetamine Remediation Research Act of 2007 *(Gordon,
D-TN)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, February 7, 2007, under a motion to suspend
the rules and pass the bill.

**[Note:]{.underline}** On December 13, 2005, the House passed by voice
vote, H.R. 798, a bill very similar to H.R. 365, which is being
considered today.

**[Summary]{.underline}**: H.R. 365 would **authorize \$3.5 million over
the FY 2007- FY 2008 period** for the Environmental Protection Agency
(EPA) to carry out the new programs in this Act. In addition, the bill
would also **authorize \$1.5 million over the FY 2007-FY 2008 period**
for the National Institute of Standards and Technology (NIST) to carry
out the new programs in this Act.

H.R. 365 would direct the Environmental Protection Agency (EPA) to
establish voluntary guidelines, based on the best currently available
scientific knowledge, for the remediation of former methamphetamine
laboratories, including guidelines regarding preliminary site assessment
and the remediation of residual contaminants. The guidelines are to be
designed to assist state and local governments in the development and
implementation of legislation and other policies to apply
state-of-the-art knowledge and research results to the remediation of
former methamphetamine laboratories.

The bill would **create** **a new research program** to support the
development and revision of the voluntary guidelines to be established
by the EPA. The research is to:

-   identify methamphetamine laboratory-related chemicals of concern;

-   assess the types and levels of exposure to chemicals of concern
    including routine and accidental exposures, that may present a
    significant risk of adverse biological effects;

-   identify the research efforts necessary to better address biological
    effects and to minimize adverse human exposures;

-   evaluate the performance of various methamphetamine laboratory
    cleanup and remediation techniques; and

-   support other research priorities identified by the EPA in
    consultation with states and other interested parties.

H.R. 365 would also direct the Director of National Institute of
Standards and Technology (NIST) to **"support" a new federal research
program** to develop new methamphetamine detection technologies, with an
emphasis on field test kits and site detection, as well as appropriate
standard reference materials and validation procedures for
methamphetamine detection testing.

H.R. 365 would direct the EPA to, within 90 days of enactment and at
least every third year thereafter, to convene a conference of state
agencies, as well as individuals or organizations involved in research
and other activities directly related to the environmental or biological
impacts of former methamphetamine laboratories. Please see the
"Additional Information" section to learn more about the EPA and annual
conferences.

The bill would also direct the EPA to enter into an arrangement with the
National Academy of Sciences to study the status and quality of research
on the residual effects of methamphetamine laboratories. The study is to
identify research gaps and recommend an agenda for the research program
established by this Act at the EPA. The study is to pay particular
attention to the need for research on the impacts of methamphetamine
laboratories on residents of buildings where meth laboratories are or
were located (with particular emphasis given to biological impacts on
children) and first responders. In addition, after this study is
complete, the EPA is to submit to Congress on how the results of the
study will be used.

**[Additional Background]{.underline}**: According to the EPA's Office
of the Chief Financial Officer, in 2004, EPA employees attended
approximately 400 conferences. This cost the taxpayers \$22.4 million,
an amount which has doubled since President Clinton's last year in
office when the agency spent \$10.8 million.

In addition, according to committee report for a similar piece of
legislation considered in the 109^th^ Congress, of the 32 chemicals used
to make meth: one-third are extremely toxic and many are reactive,
flammable, and corrosive. In fact, nearly one in five labs is found
because of fire or explosion, injuring or killing those involved in the
manufacture of the drug as well as the law enforcement officers and the
fire fighters who respond. During use and production, meth and other
harmful chemicals are released into the air and distributed throughout
the surrounding area. In residential settings, these chemicals collect
on countertops and floors, and they are absorbed into furnishings,
carpets and walls. In addition, for every pound of meth produced,
approximately five to six pounds of toxic byproducts remain. This waste
is frequently poured down drains or spilled onto the ground, where
chemicals can migrate into drinking wells and leach into the soil.
Cleanup of these chemicals is an extremely complex and expensive
process, and currently no federal law regulates this process.

**[Possible Conservative Concerns]{.underline}: Some conservatives may
be concerned that H.R. 365 authorizes \$6 million for the creation of
two new federal programs. Some conservatives may also be concerned that
the bill would require the EPA to convene a conference of state
agencies, while as of 2004, EPA employees attended approximately 400
conferences.**

**[Committee Action]{.underline}**: The bill was introduced on January
10, 2007, and referred to the House Committee on Science and Technology,
which held a mark-up and reported the bill on January 24, 2007.

**[Cost to Taxpayers]{.underline}**: CBO estimates that implementation
of H.R. 365 would authorize \$6 million over five years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill creates two new programs and
adds a mandatory conference to the approximately 400 conferences EPA
employees currently attend.

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

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

**[RSC Staff Contact]{.underline}:** Joelle Cannon;
joelle.cannon@mail.house.gov; 202.226.0718

> **H.Res. 72 --- Recognizing the work and accomplishments of Mr. Britt
> "Max" Mayfield, Director of the National Hurricane Center's Tropical
> Prediction Center upon his retirement *(Mahoney, D-FL)***

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Wednesday, February 7, 2007, under a motion to suspend
the rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 72 would resolve that the House of
Representatives,

-   "honors Mr. Britt 'Max' Mayfield's commitment to improving the
    accuracy of hurricane forecasting as Director of the National
    Hurricane Center's Tropical Prediction Center;

-   "thanks Mr. Mayfield for his service, which has undoubtedly helped
    to save countless lives and the property of citizens around the
    world;

-   "commends Mr. Mayfield's dedication to expanding educational
    opportunities for State and local emergency management officials;

-   "acknowledges the critical role that Mr. Mayfield has played in
    forecast and service improvements over his 34-year career;

-   "recognizes the unwavering support of Mr. Mayfield's family in
    supporting his career;

-   "wishes Mr. Mayfield continued success in his future endeavors; and

-   "recognizes the support and work of the staff of the National
    Hurricane Center's Tropical Prediction Center during Mr. Mayfield's
    tenure as Director of the Center."

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

-   "Mr. Britt 'Max' Mayfield is known as the 'Walter Cronkite of
    Weather', trustworthy, calming, and always giving the facts
    straight;

-   "Mr. Mayfield is a Fellow of the American Meteorological Society and
    a nationally and internationally recognized expert on hurricanes,
    and has presented papers at national and international scientific
    meetings, lectured in training sessions sponsored by the United
    Nations World Meteorological Organization, and provided numerous
    interviews to electronic and print media worldwide;

-   "in 2006, Mr. Mayfield received the Government Communicator of the
    Year Award from the National Association of Government
    Communicators, a national not-for-profit professional network of
    government employees who disseminate information within and outside
    the government, as well as the prestigious Neil Frank Award from the
    National Hurricane Conference;

-   "in 2005, Mr. Mayfield received a Presidential Rank Award for
    Meritorious Service from President George W. Bush and was named ABC
    Television Network's 'Person of the Week' after Hurricane Katrina;
    and

-   "Mr. Mayfield is the current Chairman of the World Meteorological
    Organization Regional Association-IV, which supports 26 members from
    Atlantic and eastern Pacific countries."

**[Committee Action]{.underline}**: The resolution was introduced on
January 17, 2007, and referred to the House Committee on Science and
Technology, which held a mark-up and reported the bill by voice vote on
January 31, 2007.

**[Cost to Taxpayers]{.underline}**: The resolution authorizes no
expenditure.

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

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

**[RSC Staff Contact]{.underline}:** Joelle Cannon;
joelle.cannon@mail.house.gov; 202.226.0718

H.Res. 99 --- Commending the University of Nebraska-Lincoln volleyball
team for winning the NCAA Division I Women's Volleyball Championship

(Smith, R-NE)

**[Order of Business]{.underline}:** The resolution is scheduled for
consideration on Wednesday, February 7, 2007, under a motion to suspend
the rules and pass the resolution.

**[Summary]{.underline}:** H.Res. 99 would resolve that the House of
Representatives:

1)  "commends the University of Nebraska-Lincoln Husker volleyball team
    for winning the 2006 NCAA Division I Women's Volleyball National
    Championship; and

2)  "recognizes the achievements of the players, coaches, students, and
    staff whose hard work and dedication made the Championship
    possible."

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

-   "the University of Nebraska-Lincoln Husker volleyball team won the
    2006 NCAA Division I Women's Volleyball National Championship at the
    Qwest Center in Omaha, Nebraska, on December 16, 2006;

-   "the Huskers completed the 2006 season with a record of 33-1;

-   "the 2006 Huskers are only the third team in the history of the NCAA
    to lead the American Volleyball Coaches Association poll for an
    entire season;

-   "the entire Husker volleyball team should be commended for its
    determination, work ethic, attitude, and heart;

-   "the University of Nebraska is building an impressive legacy of
    excellence in its volleyball program; and

-   "the University of Nebraska volleyball players have brought great
    honor to themselves, their families, their university, and the State
    of Nebraska"

**[Committee Action]{.underline}:** H.Res. 99 was introduced on January
24, 2007, and referred to the Committee on Education and Labor, which
took no official action.

**[Cost to Taxpayers]{.underline}:** The resolution authorizes no
expenditure.

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

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

**[RSC Staff Contact]{.underline}:** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

H.Res. 120---Recognizing the African American spiritual as a national
treasure (*DeLauro, D-CT*)

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Wednesday, February 7^th^, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 120 would resolve that the House:

-   "recognizes that African American spirituals are a poignant and
    powerful genre of music that have become one of the most significant
    segments of American music in existence;

-   "expresses the deepest gratitude, recognition, and honor to the
    former enslaved Africans in the United States for their gifts to our
    Nation, including their original music and oral history; and

-   "requests that the President issue a proclamation that reflects on
    the important contribution of African American spirituals to
    American history, and naming the African American spiritual a
    national treasure."

**[Additional Background]{.underline}**: African American spirituals are
songs, influenced by musical traditions from Africa, that slaves in the
United States sang informally as an outlet for their sorrow and an
expression of their faith that conditions would improve. Examples of
some of the more well-known spirituals include "Swing Low Sweet Chariot"
and "Nobody Knows the Trouble I've Seen." Here some samples here:
<http://www.africanamericanspirituals.com/>.

**[RSC Bonus Fact]{.underline}**: After slavery was outlawed, the Fisk
University Jubilee Singers (in Nashville, TN) toured nationwide and
internationally in the 1870s, to keep alive the spirituals and bring
them to non-slave audiences.
<http://www.fiskjubileesingers.org/index.html>

**[Committee Action]{.underline}**: On January 31, 2007, the resolution
was referred to the Education and Labor Committee, which took no
subsequent action.

**[Cost to Taxpayers]{.underline}**: The resolution would authorize no
expenditure.

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

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

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

H.R. 187---Gerald W. Heaney Federal Building and United States
Courthouse and Customhouse (*Oberstar, D-MN*)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, February 7^th^, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 187 would designate the federal building
and U.S. courthouse and customhouse located at 515 West First Street in
Duluth, Minnesota, as the "Gerald W. Heaney Federal Building and United
States Courthouse and Customhouse."

**[Additional Background]{.underline}**: Gerald W. Heaney graduated from
the University of Minnesota Law School in 1941. In 1966, he was
appointed by President Lyndon B. Johnson to the United States Court of
Appeals for the Eighth Circuit, where he served for 40 years before his
retirement last year.

**[Committee Action]{.underline}**: On January 4, 2007, the bill was
referred to the Transportation and Infrastructure Committee, which took
no subsequent action.

**[Cost to Taxpayers]{.underline}**: Although a cost estimate of this
bill is unavailable, the only costs associated with a federal building
designation 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}**: A committee report citing
constitutional authority is unavailable.

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

H.R. 238 --- To repeal a prohibition on the use of certain funds for
tunneling in certain areas with respect to the Los Angeles to San
Fernando Valley Metro Rail project, California (*Waxman, D-CA*)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Wednesday, February 7, 2007, under a motion to suspend
the rules and pass the bill.

An identical bill, H.R. 4653, passed the House during the 109^th^
Congress by a voice vote on September 20, 2006.

**[Summary]{.underline}**: H.R. 238 would repeal a restriction in
current law which does not allow federal funds made available to the
Urban Mass Transportation Administration for a contract with the
Southern California Rapid Transit District to be used for any segment of
the downtown Los Angeles to San Fernando Valley Metro Rail project,
unless certain requirements are met. Thus, repealing this section of law
would make these projects now eligible to receive federal funding.

Specifically, the bill repeals (strikes) the second sentence of Section
321 of the Department of Transportation and Related Agencies
Appropriations Act of 1986, which is below in red bold.

> **SEC. 321**. The Urban Mass Transportation Administration shall enter
> into a contract with the Southern California Rapid Transit District to
> conduct a study of the potential methane gas risks relating to the
> proposed alignment of the Metro Rail project beyond the Minimum
> Operable Segment, MOS-1. **None of the funds described in section 320
> may be made available for any segment of the downtown Los Angeles to
> San Fernando Valley Metro Rail project unless and until the Southern
> California Rapid Transit District officially notifies and commits to
> the Urban Mass Transportation Administration that no part of the Metro
> Rail project will tunnel into or potential risk zone or high potential
> risk zone in the report of the City of Los Angeles dated June 10,
> 1985, entitled 'Task Force Report on the March 24, 1985 Methane Gas
> Explosion and Fire in the Fairfax Area.'** Funds for this study, in an
> amount not to exceed \$1,000,000, shall be made available from funds
> previously allocated for the MOS-1 project, commencing within 30 days
> of enactment.

**[Additional Information]{.underline}**: According to Committee Report
[109-610](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr610))
for H.R. 4653, "When the fiscal year 1986 Transportation and Related
Agencies Appropriations Act was considered on the House floor, two
provisions were added to the bill that:

-   "Directed the Secretary of Transportation to enter into negotiations
    for a full funding grant agreement to construct a minimum operable
    segment of the downtown Los Angeles to San Fernando Valley Metro
    Rail project (Public Law 99-190, section 320);

-   "Required the Federal Transit Administration to contract with the
    local transit authority to conduct a study of potential methane gas
    risks related to the proposed alignment of the Metro Rail project
    beyond the first minimum operable segment (Public Law 99-190,
    section 321); and

-   "Prohibited any of the funds made available for the first minimum
    operable segment of the San Fernando Valley Metro to be made
    available for any segment of the Metro Rail project unless and until
    a formal commitment is made to the Federal government by the local
    transit authority that no part of the Metro Rail project will tunnel
    into or through any potential risk zone or high potential risk zone
    for methane gas (Public Law 99-190, section 321)."

Last Congress, the Committee contended that "the effect of the funding
prohibition in section 321 of the Transportation and Related Agencies
Appropriations Act for fiscal year 1986 has been to prevent the
consideration of any underground transit options in the areas along the
Wilshire Boulevard corridor west from downtown Los Angeles toward Santa
Monica. Although the prohibition in section 321 was included in
appropriations legislation, which normally would limit the provision's
applicability to the fiscal year in which funds are appropriated, the
Federal Transit Administration has determined that this language was
drafted in such a way to prevent tunneling on any segment of the Los
Angeles to San Fernando Valley Metro Rail project in areas that were
characterized as methane risk zones."

**[Committee Action]{.underline}:** H.R. 238 was introduced on January
4, 2007, and referred to the Committee on Transportation and
Infrastructure.

**[Cost to Taxpayers]{.underline}:** A CBO score of H.R. 238 is
unavailable. However, for the identical bill passed by the House last
year (H.R. 4653), CBO stated, "enacting H.R. 4653 *by itself* would have
no cost to the federal government... but would lift the prohibition,
making future proposals involving tunneling in the region eligible for
federal funding.  Any such funding would be dependent on future
Congressional actions." 

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

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

**[Constitutional Authority]{.underline}:** A committee report citing
constitutional authority is unavailable. However, Committee Report
[109-610](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr610))
(for H.R. 4653) cites constitutional authority in Article I, Section 8
of the Constitution, but 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

> **H.R. 434 --- Short Term Extension of the Small Business
> Administration as amended by the Senate (Chabot, R-OH)**

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Wednesday, February 7, 2007, under a motion to suspend
the rules and pass the bill.

[Note]{.underline}: This bill passed the House on January 17, 2007, by a
vote of 413-2 ([Roll Call
28](http://clerk.house.gov/evs/2007/roll028.xml)). It was subsequently
amended and passed by the Senate by unanimous consent.

**[Summary]{.underline}:** H.R. 434 would temporarily extend programs
under the Small Business Act and the Small Business Investment Act of
1958 through July 31, 2007 (was December 31, 2007 in the original
House-passed bill). Last year, these programs were extended through
February 2, 2007, by section 1 of Public Law 109-316.

**[Committee Action]{.underline}:** H.R. 434 was introduced on January
12, 2007, and referred to the Committee on Small Business, which took no
official action.

**[Cost to Taxpayers]{.underline}:** A CBO score of H.R. 434 is
unavailable.

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

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

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

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

**[RSC Staff Contact]{.underline}:** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

H.R. 742---To amend the Antitrust Modernization Commission Act of 2002,
to extend the term of the Antitrust Modernization Commission and to make
a technical correction (*Conyers, D-MI*)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, February 7^th^, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 742 would extend the termination date of
the Antitrust Modernization Commission from 30 days to 60 days after the
Commission's report to the President and Congress.

The bill would also make a purely technical correction regarding a
reference in law to the Commission's report. The bill would
[not]{.underline} alter the authorization of appropriations for the
Commission, currently set at \$4 million for the life of the Commission.

**[Additional Background]{.underline}**: The Antitrust Modernization
Commission was created in the Antitrust Modernization Commission Act of
2002 (Public Law 107-273). The duties of the 12-member Commission are
to:

-   examine whether the need exists to modernize the antitrust laws and
    to identify and study related issues;

-   solicit views of all parties concerned with the operation of the
    antitrust laws;

-   evaluate the advisability of proposals and current arrangements with
    respect to any issues so identified; and

-   prepare and submit to Congress and the President (within three years
    of the first Commission meting) a report containing a detailed
    statement of the findings and conclusions of the Commission, along
    with recommendations for legislative or administrative action the
    Commission deems appropriate.

For more information on the Commission, visit this website:
<http://www.amc.gov/>.

**[RSC Bonus Fact]{.underline}**: The Chairman of the Commission is
Deborah Garza. Garza is a partner in Fried, Frank, Harris, Shriver &
Jacobson LLP's Washington, D.C., office. Previously, Garza was a partner
at Covington & Burling, where she was an attorney from 1989 to 2001.
Prior to that, she served in the Antitrust Division of the Department of
Justice as Chief of Staff and Counselor, from 1988 to 1989, and as
Special Assistant to the Assistant Attorney General for Antitrust from
1984 to 1985. She received her J.D. from the University of Chicago Law
School in 1981.

**[Committee Action]{.underline}**: On January 31, 2007, the bill was
referred to the Judiciary Committee, which took no subsequent action.

**[Cost to Taxpayers]{.underline}**: The resolution would authorize no
additional expenditure.

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

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

**[Does the Bill Comply with House Rules Regarding
Earmarks?]{.underline}**: Though the bill contains no earmarks, and
there's no accompanying committee report, the earmarks rule does not
apply, by definition, to legislation considered under suspension of the
rules.

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

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

H.Res. 69 --- Recognizing and honoring Benny Parsons and expressing the
condolences of the House of Representatives to his family on his death

(Hayes, R-NC)

**[Order of Business]{.underline}:** The resolution is scheduled for
consideration on Wednesday, February 7, 2007, under a motion to suspend
the rules and pass the resolution.

**[Summary]{.underline}:** H.Res. 69 would resolve that the House of
Representatives:

1)  "recognizes Benny Parsons as one of the greatest race car drivers
    ever to participate in the sport of auto racing and recognizes his
    many contributions to the Nation throughout his lifetime;

2)  "honors Benny Parsons for transcending the sport of auto racing to
    become a role model as both a talented competitor and mentor and as
    a loving husband and father; and

3)  "extends its deepest condolences to the family of Benny Parsons."

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

-   "Benny Parsons was born in Wilkes County, North Carolina, on July
    12, 1941, and resided in the towns of Ellerbe and Concord, North
    Carolina in the Eighth Congressional District;

-   "Benny Parsons was the first ARCA Champion inducted into the
    International Sports Hall of Fame;

-   "Benny Parsons had an extraordinary career as a National Association
    for Stock Car Auto Racing (NASCAR) driver, winning 21 races,
    including the 1975 Daytona 500;

-   "in 1998 Benny Parsons was named one of the 50 Greatest Drivers in
    NASCAR History;

-   "after a successful career as a driver, Benny Parsons developed a
    successful career in broadcasting, further expanding his sport
    through his insight and commentary;

-   "Benny Parsons passed away on January 16, 2007, prompting friend and
    former competitor Darrell Waltrip to state that 'Benny Parsons was
    the kindest, sweetest, most considerate person I have ever known. He
    was a great champion, a great ambassador for our sport but more than
    that, he was a great person. He exemplified that good guys can be
    winners too'."

**[Committee Action]{.underline}:** H.Res. 69 was introduced on January
17, 2007, and referred to the Committee on Oversight and Government
Reform, which took no official action.

**[Cost to Taxpayers]{.underline}:** The resolution authorizes no
expenditure.

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

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

**[RSC Staff Contact]{.underline}:** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

> **H.Res. \_\_ ---** **Congratulating the National Football League
> champion Indianapolis Colts for winning Super Bowl XLI and for
> bringing the City of Indianapolis and the State of Indiana their first
> Lombardi Trophy *(Carson, D-IN)***

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Wednesday, February 7, 2007, under a motion to suspend
the rules and pass the resolution.

**[Summary]{.underline}**: H.Res. \_\_ would resolve that the House of
Representatives "congratulates the National Football League champion
Indianapolis Colts for winning Super Bowl XLI and for bringing the City
of Indianapolis and the State of Indiana their first Lombardi Trophy."

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

-   "on February 4, 2007, in Miami, Florida, the Indianapolis Colts
    defeated the Chicago Bears by a score of 29 to 17 in Super Bowl XLI
    to win the National Football League (NFL) Championship;

-   "this is the first Super Bowl win for the Indianapolis Colts
    following an overall season record of 16-4 and a regular season
    record of 12-4;

-   "Tony Dungy, in his fifth season with the Colts, is the first
    African-American head coach to win the Super Bowl and is one of the
    most respected coaches in the league, cultivating Championship
    success for the team and boasting 10-plus victories and playoff
    appearances in

-   "his first four seasons with the Colts;

-   "Colts Owner and Chief Executive Officer Jim Irsay, who assumed
    ownership of the Colts in 1997, has helped revitalize the Colts
    franchise along with Colts President Bill Polian whose name is
    synonymous with pro football success;

-   "quarterback Peyton Manning, who had 25 completions for 247 yards,
    was selected as the Most Valuable Player (MVP) of Super Bowl XLI;
    and

-   "the entire Colts franchise has become a model of professionalism,
    goodwill, and community service in representing the City of
    Indianapolis and the State of Indiana and brings pride to Hoosiers
    and Colts fans everywhere."

**[Committee Action]{.underline}**: The resolution was reportedly
introduced today, February 7, 2007.

**[Cost to Taxpayers]{.underline}**: The resolution authorizes no
expenditure.

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

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

**[RSC Staff Contact]{.underline}**: Joelle Cannon;
joelle.cannon@mail.house.gov; 202.226.0718.