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# Legislative Bulletin................................................November 14, 2006

**Contents:**

> **H.J.Res. 96** --- Recognizing the contributions of the Christmas
> tree industry to the United States economy

**H.R. \_\_\_\_** --- To amend title 38, United States Code, to extend
certain expiring provisions

of law

> **H.R. 1245** --- Gynecologic Cancer Education and Awareness Act of
> 2005
>
> **H.R. 864** --- Sober Truth on Preventing Underage Drinking Act
>
> **H.Res. 993** --- Expressing the sense of the House of
> Representatives with respect to raising awareness and enhancing the
> state of computer security in the United States, and supporting the
> goals and ideals of National Cyber Security Awareness Month
>
> **H.R. 5585** --- Financial Netting Improvements Act of 2006

H.J.Res. 96 --- Recognizing the contributions of the Christmas tree
industry to the United States economy --- *as amended* (Foxx, R-NC)

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Tuesday, November 14, 2006, under a motion to suspend
the rules and pass the resolution, as amended.

**[Summary]{.underline}**: H.J.Res. 96 resolves that Congress,
"recognizes the important contributions of the live-cut Christmas tree
industry, Christmas tree growers, and persons employed in the live-cut
Christmas tree industry to the United States economy."

[]{.mark}

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

-   "Christmas trees have been sold commercially in the United States
    since the 1850s;

-   "36 million live-cut Christmas trees are produced each year, and 98
    percent of these trees are shipped or sold directly from Christmas
    tree farms;

-   "North Carolina, Oregon, Michigan, Washington, Wisconsin,
    Pennsylvania, New York, Minnesota, Virginia, California, and Ohio
    are the top producers of live-cut Christmas tree, but Christmas
    trees are grown in all 50 States;

-   "there are more than 21,000 growers of Christmas trees in the United
    States, and approximately 100,000 people are employed in the
    live-cut Christmas tree industry;

-   "many Christmas tree growers grow trees on a part-time basis to
    supplement their other farm and non-farm income; and

-   "the retail value of all Christmas trees harvested in 2005 was \$1.4
    billion."

**[Committee Action]{.underline}**: H.J.Res. 96 was introduced on
September 19, 2006, and referred to the Committee on Agriculture, which
took no official action.

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

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

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

**[RSC Staff Contact]{.underline}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

**H.R. \_\_\_\_ --- To amend title 38, United States Code, to extend
certain expiring provisions of law --- *as introduced* (Buyer, R-IN)**

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, November 14, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. makes the following changes to current
law:

-   extends the availability of hospital care, medical services, and
    nursing home care to veterans exposed to a toxic substance,
    radiation, or other conditions from December 31, 2005, to December
    31, 2007;

-   extends the time that the Secretary of Veterans Affairs (VA) may
    make grants to homeless veterans for outreach, rehabilitative
    services, vocational counseling and training, and transitional
    housing assistance from September 30, 2005 to September 30, 2007;

-   extends the time that the VA Secretary may provide outreach services
    -- care, treatment, and rehabilitative services -- and therapeutic
    transitional housing assistance in conjunction with work therapy to
    veterans suffering from serious mental illness, including veterans
    who are homeless from December 31, 2006, to December 31, 2007;

-   extends the time that the VA Secretary may expand and improve the
    provision of benefits and services by the Department of Veterans
    Affairs to homeless veterans from December 31, 2006, to December 31,
    2007;

-   extends the establishment of the Advisory Committee on Homeless
    Veterans from December 31, 2006, to December 31, 2007;

-   extends the time that the VA Secretary may provide government
    markers for veterans' graves in private cemeteries from December 31,
    2006 to December 31, 2007;

-   extends the time that the VA Secretary may pay educational
    assistance allowance to veterans from December 27, 2006 to June 30,
    2007; and

-   expands the eligibility for survivor and dependant educational
    expenses by making spouses and dependants of totally disabled
    veterans eligible for assistance.

**[Committee Action]{.underline}**: The bill will be introduced Tuesday,
November 14, 2006.

**[Cost to Taxpayers]{.underline}**: Unofficially, CBO estimates
authorizations for H.R. \_\_\_\_ will be \$77 million over the 2007-2011
period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill expands the eligibility for
survivor and dependant educational expenses by making spouses and
dependants of totally disabled veterans eligible for assistance.

**[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}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

H.R. 1245 --- Gynecologic Cancer Education and Awareness Act of 2005

--- *as amended* (Issa, R-CA)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, November 14, 2006, under a motion to suspend
the rules and pass the bill, as amended.

*Note*: Under House Republican Conference Rules, legislation that
creates a new program may not be considered by the House on the
Suspension Calendar. This rule may be waived by a vote of the elected
Leadership. H.R. 1245, which creates a new program, received such a
waiver from the elected Leadership.

**[Summary]{.underline}**: H.R. 1245 directs the Secretary of Health and
Human Services (HHS) to develop and carry out a national awareness
campaign regarding gynecologic cancers. The campaign is to develop and
distribute written materials, and air public service announcements.

Six months from enactment, HHS is to report to Congress on the progress
of the campaign. Three months after reporting to Congress the Secretary
is to consult with private sector groups and nonprofit organizations to
develop improvements in the awareness campaign.

**[Committee Action]{.underline}**: H.R. 1245 was introduced on March
10, 2006, and referred to the Committee on Energy and Commerce, which
took no official action.

**[Cost to Taxpayers]{.underline}**: A cost estimate is unavailable.
However, the bill authorizes \$16.5 million in the 2007-2009 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, H.R. 1245 creates a new, \$16.5 million
program to raise awareness of gynecologic cancer.

**[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}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

H.R. 864 --- Sober Truth on Preventing Underage Drinking Act

--- *as amended* *(Roybal-Allard, D-CA)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, November 14, 2006, under a motion to suspend
the rules and pass the bill, as amended

*Note*: Under House Republican Conference Rules, legislation which
creates at least three new programs may not be considered by the House
on the Suspension Calendar. This rule may be waived by a vote of the
elected Leadership. H.R. 864 received such a waiver from the elected
Leadership.

**[Summary]{.underline}**: H.R. 864 codifies the interagency
coordinating committee focusing on underage drinking that had been
operating informally since 2004 and directs the Secretary of Health and
Human Services (HHS) to enhance the efforts of the committee. The
committee's purpose is to coordinate federal policy and program
development with respect to underage drinking. The committee is to
report annually to Congress. Additionally, HHS is to report annually to
Congress on the states efforts to prevent underage drinking. H.R. 864
authorizes \$4 million over four years for the committee.

H.R. 864 directs HHS to continue the Ad Council's national media public
service announcements against underage drinking, and authorizes \$4
million for the campaign. The Secretary must also report annually on the
Ad Council's efforts.

The bill **authorizes \$20 million over four years for the establishment
of a new grant program**, which would award grants to entities eligible
to receive grants under the Drug-Free Communities Act of 1997, "to
design, test, evaluate and disseminate effective strategies to maximize
the effectiveness of community-wide approaches to preventing and
reducing underage drinking."

H.R. 864 **authorizes \$20 million over four years for a new grant
program**, which would directs award grants to states, institutions of
higher education, and nonprofit entities to prevent and reduce the rate
of underage alcohol consumption and binge drinking among students at
institutes of higher learning.

The bill **authorizes \$24 million over four years for a new research
initiative** and directs HHS to research and compile data on underage
drinking including the scope of the phenomena, and the involvement of
alcohol in unnatural deaths of persons aged twelve to twenty years. HHS
would be required to collect data and surveys on the identification of
alcohol use and attitudes about alcohol use during pre- and early
adolescence, and the development and identification successful clinical
treatments for youth with alcohol problems.

**[Committee Action]{.underline}**: H.R. 864 was introduced on February
16, 2005, and referred to the Committee on Energy and Commerce's
Subcommittee on Health, which took no official action.

**[Cost to Taxpayers]{.underline}**: A CBO score of H.R. 864 is
unavailable. However, the bill authorizes appropriations of \$72 million
over the 2007-2010 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes. The bill creates at least three new
federal programs.

**[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}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

H.Res. 993 --- Expressing the sense of the House of Representatives with
respect to raising awareness and enhancing the state of computer
security in the United States, and supporting the goals and ideals of
National Cyber Security Awareness Month --- *as introduced* (Lungren,
R-CA)

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Tuesday, November 14, 2006, under a motion to suspend
the rules and pass the resolution.

Note: The 104^th^ Congress changed House rules to prohibit a bill from
being considered on the House floor if "it establishes or expresses a
commemoration", which is defined as "a remembrance, celebration, or
recognition for any purpose through the designation of a specified
period of time"
([[http://clerk.house.gov/legisAct/legisProc/rules/rule12.html]{.underline}](http://clerk.house.gov/legisAct/legisProc/rules/rule12.html))

This resolution resolves that Congress supports the ideals and goals of
the month, but does not establish a commemorative day, the
parliamentarian's office has ruled that it is allowable under House
rules.

**[Summary]{.underline}**: H. Res. 993 resolves that the House:

-   "supports the goals and ideals of National Cyber Security Awareness
    Month; and

-   "will work with Federal agencies, national organizations,
    businesses, and educational institutions to encourage the
    development and implementation of existing and future computer
    security voluntary consensus standards, practices, and technologies
    in order to enhance the state of computer security in the United
    States."

[]{.mark}

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

-   "terrorists and others with malicious motives have demonstrated an
    interest in utilizing cyber means to attack our Nation, and the
    Department of Homeland Security's mission includes securing the
    homeland against cyber terrorism and other attacks;

-   "Internet users and our information infrastructure face an
    increasing threat of malicious attacks through viruses, worms,
    Trojans, and unwanted programs such as spyware, adware, hacking
    tools, and password stealers, that are frequent and fast in
    propagation, are costly to repair, and disable entire systems;

-   "consumers face significant financial and personal privacy losses
    due to identity theft and fraud, as reported in over 686,000
    complaints in 2005 to the Federal Trade Commission's Consumer
    Sentinel database; and Internet-related complaints in 2005 accounted
    for 46 percent of all reported fraud complaints, with monetary
    losses of over \$680,000,000 and a median loss of \$350;

-   "our Nation's youth face increasing threats online such as
    inappropriate content or child predators, according to the National
    Center for Missing and Exploited Children 34 percent of teens are
    exposed to unwanted sexually explicit material on the Internet, and
    with one in seven children having been approached by a child
    predator online each year; and

-   "the National Cyber Security Alliance has designated October as
    National Cyber Security Awareness Month, which will provide an
    opportunity to educate the people of the United States about
    computer security."

**[Additional Information]{.underline}**: The National Cyber Security
Alliance (NCSA) is a non-profit public-private partnership. NCSA's
sponsors include the Department of Homeland Security and the Federal
Trade Commission. (<http://staysafeonline.org/about/index.html>)

**[Committee Action]{.underline}**: H.Res. 993 was introduced on
September 12, 2006, and referred to the Committee on Science, which took
no official action.

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

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

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

**[RSC Staff Contact]{.underline}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

H.R. 5585 --- Financial Netting Improvements Act of 2006

--- *as received* (McHenry, R-NC)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, November 14, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 5585 would amend current (banking,
securities, and bankruptcy) laws regarding the disposition of financial
contracts in the event of bankruptcy or insolvency, to provide that
contracts and various components of contracts are settled consistently
on a net-value basis (i.e. settling mutual obligations at their *net*
value as opposed to each obligation's *gross* dollar value). This method
of settling, known as "netting," is seen as reducing the risk that the
failure of one entity will disrupt financial markets.

Several of the provisions of the bill are clarifying or technical
changes to Title IX of the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (Public Law 109-8).

The Senate deleted a provision increasing the Chapter 7 filing fee. The
filing fee was increased (in the original House version) to raise the
compensation paid from part of the filing fee to private trustees
appointed to manage a debtor's estate.

**[Additional Information]{.underline}**: H.R. 5585 passed the House on
September 27, 2006 on the suspension calendar by voice vote.

**[Committee Action]{.underline}**: H.R. 5585 was received from the
Senate on September 30, 2006.

**[Cost to Taxpayers]{.underline}**: CBO estimates that H.R. 5585 may
"insignificantly raise direct spending."

**[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}**: Committee Report 109-648,
cites constitutional authority for this legislation in Article 1,
Section 8, and Clause 1 (the power to lay and collect taxes, duties,
imposts, and excises, and to pay the debts for the general welfare),
Article 1, Section 8, and Clause 3 (the power to regulate interstate
commerce), and Article 1, Section 8, and Clause 4 (the power to regulate
bankruptcy).

**[RSC Staff Contact]{.underline}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717