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# Legislative Bulletin........................................................July 25, 2006

**Contents:**

> **S. 3525** --- Child and Family Services Improvement Act of 2006\
> **H.R. 5865** --- Returned Americans Protection Act of 2006
>
> **H.R. 5852** --- The 21st Century Emergency Communications Act of
> 2006
>
> **H.R. 4472** --- Adam Walsh Child Protection and Safety Act of 2006\
> **H.R. 4804** --- FHA Manufactured Housing Loan Modernization Act of
> 2006
>
> **H.R. 5024** --- Promoting Transparency in Financial Reporting Act of
> 2006
>
> **H.R. 5068** --- Export-Import Bank Reauthorization Act of 2006
>
> **H.R. 5121** --- Expanding American Homeownership Act of 2006
>
> **H.R. 5074** --- Railroad Retirement Technical Improvement Act of
> 2006
>
> **H.R. 5013** --- Disaster Recovery Personal Protection Act of 2006
>
> **H.Con.Res. 145** --- Expressing the sense of Congress in support of
> a national bike month and in appreciation of cyclists and others for
> promoting bicycle safety and the benefits of cycling
>
> **H.R. 5187** --- To amend the John F. Kennedy Center Act to authorize
> additional appropriations for the John F. Kennedy Center for the
> Performing Arts for fiscal year 2007
>
> **H.Con.Res. 235** --- Expressing the sense of the Congress that
> States should require candidates for driver's licenses to demonstrate
> an ability to exercise greatly increased caution when driving in the
> proximity of a potentially visually impaired individual
>
> **H.Con.Res. 449** --- Commemorating the 60th anniversary of the
> historic 1946 season of Major League Baseball Hall of Fame member Bob
> Feller and his return from military service to the United States
>
> **H.Con.Res. 384** --- Recognizing and honoring the 100th anniversary
> of the founding of the Alpha Phi Alpha Fraternity, Incorporated, the
> first intercollegiate Greek-letter fraternity established for African
> Americans

S. 3525 --- Child and Family Services Improvement Act of 2006--- *as
received* (Sen. Grassley, R-IA)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Tuesday, July 25, 2006, under a motion to suspend the
rules and pass the bill. Reportedly, the House will take up S. 3525,
strike the Senate language, and insert the reported text of H.R. 5640,
the House version of the bill, which is sponsored by Rep. Herger (R-CA).

**[Summary]{.underline}**: S. 3525, as amended with the entire text of
H.R. 5640 (see above), reauthorizes the Promoting Safe and Stable
Families (PSSF) Program through FY2011 at \$345 million annually. This
represents a \$40 million per year increase, which was included in the
Deficit Reduction Act (DRA) of 2005, and \$200 million annually in
discretionary authorizations. PSSF provides family support, family
preservation, and post-adoption services. In addition, the bill does the
following:

-   Lists the following findings:

    -   "For Federal fiscal year 2004, child protective services (CPS)
        staff nationwide reported investigating or assessing an
        estimated 3,000,000 allegations of child maltreatment, and
        determined that 872,000 children had been abused or neglected by
        their parents or other caregivers.

    -   "Combined, the Child Welfare Services (CWS) and Promoting Safe
        and Stable Families (PSSF) programs provide States about
        \$700,000,000 per year for services intended to ensure the
        safety, permanency, and well-being of children. These programs
        are considered the largest source of targeted Federal funding in
        the child protection system for prevention\--that is, for
        services to ensure that children are not abused or neglected
        and, whenever possible, help children remain safely with their
        families.

    -   "States have broad flexibility in directing CWS dollars to
        protect children from abuse and neglect. Under the PSSF program,
        States must invest significant portions of program funds in
        family preservation services, family support services,
        time-limited reunification services, and post-adoption support
        services.

    -   "However, a 2003 report by the Government Accountability Office
        (GAO) reported that little research is available on the
        effectiveness of activities supported by CWS funds\--evaluations
        of services supported by PSSF funds have generally shown little
        or no effect.

    -   "The Deficit Reduction Act of 2005 provided \$40,000,000 in
        fiscal year 2006 for the PSSF program which this Act ensures
        will be available and which the Congressional Budget Office
        estimates will increase mandatory budget authority by
        \$40,000,000 each year from 2006 through 2015, for a total of
        \$400,000,000.

    -   "A 2003 GAO report found that the average tenure for a child
        welfare caseworker is less than 2 years and this level of
        turnover negatively affects safety and permanency for children."

-   Appropriates the \$40 million, provided for in DRA, to the Secretary
    of Health and Human Services for the Promoting Safe and Stable
    Families Resources programs.

-   Restates a current 10 percent limit on annual spending for
    administrative expenses.

-   Increases to three percent (up from 1 percent for mandatory funding
    and up from 2 percent for discretionary funding), funding set-aside
    for Indian tribes.

-   Directs the Secretary of Health and Human Services (HHS) to reserve
    \$40 million annually to support monthly caseworker visits with
    children who are in foster care under the responsibility of the
    State, with a primary emphasis on activities designed to improve
    caseworker retention, recruitment, training, and ability to access
    the benefits of technology.

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-   Reauthorizes Child Welfare Services (CWS) through 2011.

-   Modifies existing CWS state plan requirements by requiring a
    description of the steps the state will take to provide child
    welfare services statewide and to expand and strengthen the range of
    existing services and develop and implement services to improve
    child outcomes; and the child welfare services staff development and
    training plans of the state, in addition to other changes.

-   Requires a new CWS state plan requirement for doctors to be
    "actively consulted and involved" in assessing the health and
    well-being of foster children.

-   Limits CWS administrative expenses to 10%.

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-   Reauthorizes the Court Improvement Program through FY2011 at \$10
    million, which is the current designation for funding this program,
    provided from PSSF funds.

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-   Reauthorizes the Mentoring Children of Prisoners Program through
    FY2011 at such sums as necessary.

-   Directs that, out of any money in the Treasury of the United States
    not otherwise appropriated, \$40 million is appropriated to HHS for
    FY2006 to carry out subpart 2 of part B of title IV of the Social
    Security Act, in addition to any amount otherwise made available for
    fiscal year 2006 to carry out such subpart.

-   Directs the HHS to submit to the appropriate congressional
    committees biennial reports on:

    -   the level of expenditures, and the programs and activities
        funded by each State, territory, and Indian tribe to which funds
        are paid under this program;

    -   the number of children and families served by each such State,
        territory, and Indian tribe under the programs; and

    -   how spending under the programs has helped achieve the goals
        identified by each such State, territory, and Indian tribe as
        part of the annual planning process undertaken in developing
        plans.

**[Committee Action]{.underline}:** S. 3525 was received in the House on
July 17, 2006, and referred to the Committee on Ways and Means, which
took no official action. However, H.R. 5640 (the House version, which is
being voted on today), was introduced in the House on June 20, 2006, and
referred to the Committee on Ways and Means, which considered and
reported it, as amended, on July 12, 2006.

**[Cost to Taxpayers]{.underline}:** CBO estimates that implementing
H.R. 5640 would cost \$2.7 billion over five years in discretionary
spending (subject to appropriations). Discretionary costs are incurred
by grants under Title IV-B of the Social Security Act, including the
PSSF program, CWS, and the program for mentoring children of prisoners.
In addition, CBO estimates that H.R. 5640 would cost \$1.7 billion over
five years in direct spending. Mandatory costs are incurred by many of
the programs under the PSSF program, which were originally established
as mandatory programs associated with other mandatory welfare programs.

**[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}:** The Committee cites
constitutional authority in Article 1, Section 8, but fails to cite a
specific clause, and from the 16^th^ Amendment (power to collect income
taxes). 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}:** Joelle Cannon;
<joelle.cannon@mail.house.gov>; 202-226-0718

H.R. 5865---Returned Americans Protection Act---*as introduced*

(Thomas, R-CA)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, July 25^th^, under a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}**: H.R. 5865 would temporarily increase, [and
then terminate]{.underline}, the existing program that helps American
citizens repatriate from foreign countries because of illness,
destitution, or war (42 U.S.C. 1313). Specifically, the \$1 million cap
on the amount of annual assistance under this program would be lifted
completely for FY2006, the \$1 million cap would return for FY2007, and
the program would terminate altogether on September 30, 2007.

The assistance allowed to Americans under this program in current law
(unchanged by this legislation) is: "money payments, medical care,
temporary billeting, transportation, and other goods and services
necessary for the health or welfare of individuals (including guidance,
counseling, and other welfare services) furnished to them within the
United States upon their arrival in the United States and for such
period after their arrival, not exceeding ninety days \[subject to
exception\], as may be provided in regulations of the Secretary."

H.R. 5865 would also direct the Inspector General of the U.S. Department
of Health and Human Services, not later than March 1, 2007, to report to
Congress details on how funds under this assistance program have been
used to repatriate Americans returning from Lebanon on or after July 20,
2006.

**[Additional Background]{.underline}**: Israel has absorbed rocket and
other attacks from Iran-and-Syria-backed Hezbollah in southern Lebanon
for years, with the frequency increasing recently. On July 12, 2006,
Hezbollah attacked Israel with rockets, crossed the border, kidnapped
two Israeli soldiers, and killed eight Israeli soldiers. Israel then
launched an operation into Lebanon to rescue the soldiers and push
Hezbollah from its border. Hezbollah continues to attack towns across
northern Israel with rocket fire. It is this ongoing situation that has
forced American citizens, upon the recommendation of the State
Department, to evacuate Lebanon. The State Department believes that
"most American citizens who wished to depart Lebanon with U.S.
government assistance have already departed."
<http://travel.state.gov/travel/cis_pa_tw/tw/lebanon_update.html>

**[Committee Action]{.underline}**: On July 24, 2006, the bill was
referred to the Ways & Means Committee, which took no official action on
it.

**[Administration Position]{.underline}**: Although no official
Statement of Administration Policy is available for this bill, the State
Department presumably requested the implementation of this legislation.

**[Cost to Taxpayers]{.underline}**: CBO estimates that this legislation
would increase mandatory spending by \$3 million in FY2006, would
increase mandatory spending by a net \$1 million over the FY2006-FY2010
period, and (because of the program's termination) would *decrease*
mandatory spending by a net \$4 million over the FY2006-FY2015 period.

**[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. 5852 --- The 21^st^ Century Emergency Communications Act of 2006
--- *as amended* (Reichert, R-WA)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Tuesday, July 25, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** H.R. 5852 would amend the Homeland Security
Act of 2002, revising and creating new guidelines regarding emergency
communications preparedness on the state and national level. The
specific provisions of the bill are summarized below:

-   Creates a new Department of Emergency Communications within the
    Department of Homeland Security (DHS), and creates a new Assistant
    Secretary for Emergency Communications position;

-   Defines the responsibilities of the Assistant Secretary position,
    which would include:

    -   assisting the DHS Secretary in administering DHS's
        responsibilities relating to the SAFECOM program and the
        Integrated Wireless Network program;

    -   conducting extensive, nationwide outreach and foster the
        development of interoperable emergency communications
        capabilities by state, regional, local and tribal governments
        and public safety agencies;

    -   facilitate creation of the Regional Emergency Communications
        Coordination Working Groups; and

    -   coordinate the establishment of a national response capability
        with initial and ongoing planning and training for the
        deployment of backup communications services in the event of a
        catastrophic loss of local and regional emergency communications
        services.

-   Transfers the authority to administer several existing DHS programs
    to the Assistant Secretary for Emergency Communications, including
    the SAFECOM program and Interoperable Communications Technical
    Assistance program;

-   Requires DHS to submit a report to Congress within 60 days on the
    resources necessary to carry out the provisions of this Act;
    requires the Comptroller General to review the validity of the
    report, and submit a report to Congress on its findings;

-   Requires DHS to develop a National Emergency Communications Report
    to provide recommendations regarding how the U.S. can accelerate the
    deployment of interoperable emergency communications nationwide;

-   Requires DHS to conduct and research various other assessments and
    reports regarding state and national emergency communications
    capabilities;

-   Requires DHS to update grant guidelines as appropriate to be
    consistent with the National Emergency Communications Report
    (discussed above), and provides that grants may be denied to any
    state or entity that has not submitted a Statewide Interoperable
    Communications Plan;

-   Creates a new Emergency Communications Preparedness Center, and
    defines its and structure and responsibilities;

-   Modifies requirements for the Office of Interoperability and
    Compatibility to include the following, among others:

    -   support the creation of national voluntary consensus standards
        for interoperable emergency communications;

    -   establish a comprehensive research, development, testing, and
        evaluation program for improving interoperable emergency
        communications.

-   Provides that DHS will provide the Office of Interoperability and
    Compatibility the resources and staff necessary to carry out the
    responsibilities under this Act.

**[Additional Information]{.underline}:** As noted above, while the bill
consolidates several existing programs and requirements, it creates a
new Assistant Secretary position and a new federal Emergency
Communications Preparedness Center. According to the sponsor's office,
DHS distributed over \$2 billion during FY03-FY05 in Homeland Security
grants on emergency communication equipment and interoperability, while
states were not required to complete Statewide Interoperability
Communications Plans before receiving grants. This legislation would
require states to have those plans in place prior to receiving DHS
emergency communication grants. The sponsor contends that establishing
the new Department of Emergency Communications and the new Assistant
Secretary position would improve efficiency and effectiveness in
overseeing related programs within DHS. Also, the sponsor noted that
four hearings were held on this legislation during the 109^th^ Congress
as listed below (though note listed on the LIS website under H.R. 5852):

-   October 26, 2005: Ensuring Operability During Catastrophic Events.

-   February 15, 2006: The State of Interoperable Communications:
    Perspectives from the Field.

-   March 1, 2006: The State of Interoperable Communications:
    Perspectives from State and Local Governments.

-   April 25, 2006: State of Interoperable Communications: Perspectives
    on Federal Coordination of Grants, Standards, and Technology.

**[Committee Action]{.underline}:** H.R. 5852 was introduced on July 20,
2006, and referred to the Committee on Energy and Commerce, as well the
Committee on Homeland Security, which took no official action.

**[Cost to Taxpayers]{.underline}:** A CBO score of H.R. 5852 is
unavailable.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}:** Yes, as noted above.

**[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. 4472 --- Adam Walsh Child Protection and Safety Act of 2006
(Sensenbrenner, R-WI)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Tuesday, July 25, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** Today's version of H.R. 4472 is the latest
Senate-passed version of the Children's Safety and Violent Crime
Reduction Act of 2005. H.R. 4472 passed the House (minus the Senate
amendment and title change) on March 8, 2006.

H.R. 4472, as amended, would make modifications to the new national sex
offender registration program, expand the use of DNA to identify and
prosecute sex offenders, increase penalties for sexual offenses against
children, and make other modifications and expansions of federal law
relating to child safety.

**Note:** This bill originally passed the House as H.R. 3132 with a Rep.
Conyers amendment regarding hate-crimes, which is [not]{.underline}
included in H.R. 4472. For more information, please see [this RSC
Legislative
Bulletin](http://www.house.gov/pence/rsc/doc/LB_091405_Childrens_Safety_Act_Amendments.pdf).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

***[Title II: Federal Criminal Law Enhancement and
Sentencing]{.underline}.***

-   Makes it illegal to distribute "date-rape" drugs to any person
    knowing that the drug would be used in the commission of criminal
    sexual conduct or the person is not an authorized purchaser,
    punishable by a fine or up to 20 years imprisonment;

-   Creates mandatory minimum prison terms for individuals who are
    convicted of a federal crime of violence against a minor, with
    different terms based on the offense;

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

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

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

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

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

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

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

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

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

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

***[Title III: Civil Commitment of Dangerous Sex
Offenders]{.underline}.***

-   Directs the Attorney General to provide grants to jurisdictions for
    the purpose of establishing, enhancing, or operating effective civil
    commitment programs for sexually dangerous persons.

***[Title IV: Immigration Law Reforms Regarding Sex
Offenders]{.underline}**.*

-   Makes failure to register as a sex offender as a deportable offense
    for a non-citizen;

-   Prohibits non-citizen sex offenders from having family-based
    immigration petitions approved;

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

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

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

***[Title VI: Mentoring Matches for Youth Act]{.underline}**.*

-   Provides for federal grants for the Big Brothers Big Sisters of
    America, for expanding the capacity of and carrying out their
    mentoring programs for at-risk youth

-   Authorizes \$58.5 million over FY07-FY12 to carry out the provisions
    of this title.

***[Title VII: Internet Safety Act]{.underline}**.*

-   Increases the prison terms for those convicted of child exploitation
    to not less than 20 years or life;

-   Increases the prison terms for those convicted of a felony who is
    already registered as a sex offender, to not less than 10 years in
    addition to the imprisonment imposed for the initial offense.

[**Committee Action**:]{.underline} H.R. 4472 was introduced on December
8, 2005, and referred to the Judiciary and Ways and Means Committees,
neither of which took any official action.

[**Cost to Taxpayers**:]{.underline} A CBO score of H.R. 4472, as
amended, is unavailable. However, for the House-passed version of H.R.
4472 (on March 6, 2006), CBO estimated "that implementing H.R. 4472
would cost about \$1.5 billion over the 2006-2011 period. Enacting the
bill could affect direct spending and receipts, 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. The bill implements and expands various
child safety programs and increases the federal role in law enforcement.
The bill would create several new federal crimes, establish several new
federal grant programs, and expand the duties of the U.S. Marshals
Service, among other things.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: Yes. According to CBO estimate
for the House-passed version, the bill contains several
intergovernmental mandates as defined in the Unfunded Mandates Reform
Act (UMRA).

It would impose private-sector mandates, as defined in UMRA, on
individuals who have been arrested or detained for federal offenses and
on individuals who have been convicted of or adjudicated for certain sex
offenses.

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

However, all three of the committee reports for the underlying bills
cited constitutional authority in Article 1, Section 8 of the
Constitution, but all three failed to cite a specific clause.

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

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

H.R. 4804---FHA Manufactured Housing Loan Modernization Act---*as
reported* (Tiberi, R-OH)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, July 25^th^, under a motion to suspend the rules
and pass the bill.

[]{.mark}

**[Summary:]{.underline}** H.R. 4804 amends the National Housing Act to
modify the Federal Housing Authority's (FHA's) loan guarantee program
for manufactured housing (i.e. mobile homes). The bill would eliminate
the current cap on FHA's exposure on manufactured housing loan
guarantees of 10 percent of the value of a lender's portfolio and allow
FHA to guarantee 90 percent of an individual loan. According to CBO,
"this change would greatly expand government liability under the
program." This is an attempt to establish a secondary lending market in
the manufactured housing arena by encouraging Ginne Mae to securitize
loans.

The bill also increases the loan limits on manufactured housing from
\$48,000 to \$68,040 and directs the Secretary to adjust the limits for
inflation each year. In addition, H.R. 4804 allows FHA to charge
up-front premiums of 2.25 percent (up from 1 percent) and 1 percent
annually to offset the cost of expected defaults.

**[Additional Information]{.underline}**: According to the committee
report, since the early 1990s, the number of loans for manufactured
housing (which costs an average of \$60,000) has dropped from 30,000 to
2,000. Financing options are somewhat limited, with only two private
lenders currently participating in the FHA program and no secondary
market in existence. CBO estimates that the 11 million manufactured
homes currently in the U.S. are financed through personal loans.

[]{.mark}

**[Committee Action]{.underline}**: On February 6, 2006, H.R. 4804 was
referred to the House Financial Services Committee, which reported the
bill on June 14^th^ for consideration by the full House of
Representatives.

**[Cost to Taxpayers]{.underline}**: According to CBO, the cost of the
bill is uncertain, resulting "in costs or savings of less than \$500,000
a year" (subject to appropriations). Furthermore, in a study requested
by Congressman Jeb Hensarling (R-TX), CBO stated that current budget
rules understate the cost of federal credit programs, such as FHA loan
programs, in part by failing to account for market risk and separately
listing administrative expenses.

> \[Current budget rules\] understate the cost of FHA guarantees
> relative to that of other federal spending programs....For example, a
> proposal to spend \$2 billion per your for vouchers to permit
> high-risk first-time home buyers to purchase private mortgage
> insurance would have a budget cost of \$10 billion over a five-year
> period, whereas the fiscally equivalent alternative of operating the
> \[FHA\] program under current policy would be shown in the budget as
> having net savings of \$1.8 billion for that same period.
>
> Source:
> [http://www.cbo.gov/ftpdocs/74xx/doc7412/07-17-FHA.pdf]{.underline}

[]{.mark}

As a result, while the CBO cost estimate may suggest "savings" from
expanding the FHA manufactured housing loan program, H.R. 4804's actual
burden to the taxpayer is far greater.

[]{.mark}

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: The bill expands a federal loan program.

[]{.mark}

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

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

[]{.mark}

**[Constitutional Authority]{.underline}**: The Financial Services
Committee cites constitutional authority in Article I, Section 8, Clause
1 (relating to the general welfare of the United States) and Clause 3
(relating to the power to regulate interstate commerce).

[]{.mark}

**[RSC Staff Contact]{.underline}**: Russ Vought,
russell.vought@mail.house.gov, (202) 226-8581

H.R. 5024 --- Promoting Transparency in Financial Reporting Act of 2006
--- *as reported* (Davis, R-KY)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, July 25, 2006, under a motion to suspend the
rules and pass the bill.

### [Summary]{.underline}: H.R. 5024 lists the following findings:

-   "Transparent and clear financial reporting is integral to the
    continued growth and strength of our capital markets and the
    confidence of investors;

-   "The increasing detail and volume of accounting, auditing, and
    reporting guidance pose a major challenge; and

-   "The complexity of accounting and auditing standards in the United
    States has added to the costs and effort involved in financial
    reporting."

Directs the Securities and Exchange Commission, the Financial Accounting
Standards Board, and the Public Company Accounting Oversight Board to
annually provide oral testimony by their respective chairpersons,
beginning in 2007, and for 5 years thereafter, to the House Committee on
Financial Services on their efforts to reduce the complexity in
financial reporting to provide more accurate and clear financial
information to investors, including:

-   "reassessing complex and outdated accounting standards;

-   "improving the understandability, consistency, and overall usability
    of the existing accounting and auditing literature;

-   "developing principles-based accounting standards;

-   "encouraging the use and acceptance of interactive data; and

-   "promoting disclosures in 'plain English'."

**[Committee Action]{.underline}**: H.R. 5024 was introduced on February
16, 2006, and referred to the Committee on Veterans' Affairs. The bill
was marked-up and was ordered reported to the House by voice vote on
July 20, 2006.

**[Cost to Taxpayers]{.underline}**: CBO estimates that implementing
H.R. 5024 would have no significant impact on the federal budget and
would not affect direct spending or revenues.

**[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

[]{.mark}

H.R. 5068 --- Export-Import Bank Reauthorization Act of 2006 --- *as
reported* (Pryce, R-OH)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, July 25, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 5068 reauthorizes the Export-Import Bank
through 2011. In addition, the bill does the following:

-   Directs the President of the Export-Import Bank (the Bank) to
    establish and maintain a division of the Bank whose sole functions
    would be to:

    -   carry out outreach, feedback, product improvement, and
        transaction advocacy for small business concerns;

    -   advise and seek feedback from small business concerns of the
        opportunities and benefits for small business concerns in the
        financing products offered by the Bank, with particular emphasis
        on conducting outreach, better tailoring products to small
        business needs and increasing loans to small business concerns
        employing fewer than 100 employees; and

    -   maintain liaison with the Small Business Administration and
        other departments and agencies in matters affecting small
        business concerns.

-   Directs the Bank Board of Directors to appoint a Bank officer to
    manage the new division outlined above.

-   Directs the Bank to establish and maintain transaction standards
    tailored to the special circumstances of small business concerns and
    shall use the standards in evaluating applications by the concerns
    for Bank financing.

-   Directs the Bank to establish and maintain a committee to be known
    as the "Small Business Committee," of which the principal purpose
    would be to focus on small business concerns and coordinate the
    efforts of the Bank with respect to small business concerns,
    including the timely processing of small business product
    applications and the evolution of new or improved Bank products to
    better serve small business needs. The Committee is directed to
    submit to Congress a number of reports detailing their actions and
    recommendations.

-   Directs the Bank to establish an office whose sole functions would
    be to continue and enhance the outreach activities of the Bank with
    respect to, and increase the total amount of loans, guarantees, and
    insurance provided by the Bank to support exports by, "socially and
    economically disadvantaged small business concerns" and small
    business concerns owned by women.

-   Reauthorizes through 2011 (currently expires in 2006), an Advisory
    Committee established to assist in the development and
    implementation of policies and programs designed to support the
    expansion of the Bank's financial commitments in sub-Saharan Africa
    under its loan, guarantee, and insurance programs.

-   Directs the Bank to submit to the appropriate committees of the
    Congress a report on the revenues, expenditures, and resulting
    annual net income or expense to the United States for each of the 10
    years most recently completed before the date of the

-   Amends current requirements for Bank transparency initiatives,
    including reporting requirements for the annual competitiveness
    report.

-   Requires that at least 2 members appointed to the Advisory Committee
    are to be representatives of the environmental nongovernmental
    organization community.

-   Directs the Bank to conduct a study designed to assess the needs of
    new or impoverished democracies, such as Liberia and Haiti, for
    imports from the United States, and to determine what role the Bank
    can play a role in helping United States exporters seize the
    opportunities presented by the need for such imports.

-   Directs the Inspector General of the Export-Import Bank to submit to
    the Committee on Resources and the Committee on Financial Services
    of the House of Representatives, and to the Committee on Banking,
    Housing, and Urban Affairs of the Senate a report on the
    implications of limiting the requirement to conduct environmental
    screenings of projects proposed to be financed by the Bank to only
    those involving at least \$10,000,000.

**[Committee Action]{.underline}**: H.R. 5068 was introduced on March
30, 2006, and referred to the Committees on Financial Services, which
considered it, held a mark-up, and reported the bill, as amended, by
voice vote on June 14, 2006.

**[Cost to Taxpayers]{.underline}**: According to CBO, the bill would
authorize \$105 million in FY06, and \$597 million over five years,
subject to appropriations. Specifically, CBO states, "Although no
specific authorization is provided in the bill, we expect that
appropriations would continue for both administrative costs and the cost
of new loans and guarantees, as defined in the Federal Credit Reform
Act. ...In 2006, the Congress appropriated \$73 million for
administrative expenses and \$73 million for the subsidy cost of new
loans and guarantees."

In addition, CBO estimates that H.R. 5068 would increase mandatory
spending by \$5 in FY07, and by \$45 million over five years.
Specifically, CBO states, "H.R. 5068 would increase spending of
previously appropriated funds by setting more permissive standards for
using the Tied Aid Credit Fund and limiting the Secretary of Treasury's
ability to veto decisions about using the fund. The Tied Aid Credit Fund
is used to provide assistance to U.S. exporters when their market share
in developing markets is threatened by other countries' use of aid or
concessional financing to promote exports to those developing markets.
...According to Eximbank, the fund has unobligated balances in excess of
\$200 million and no funds have been expended for the last four years."

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: The bill would create a new division and
several offices at the Export-Import Bank.

**[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.R. 5121---Expanding American Homeownership Act (Ney)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, July 25^th^, under a motion to suspend the rules
and pass the bill.

[]{.mark}

**[Summary:]{.underline}** H.R. 5121 amends the National Housing Act to
modify the Federal Housing Administration's (FHA's) authority to
guarantee certain loans. Specifically, the bill raises the FHA maximum
loan limits for single-family homes (which are set at the lesser of two
benchmarks) from: (1) 95 percent of the median home price for the area
to 100 percent and (2) from 87 percent to 100 percent of the Freddie Mac
conforming loan limit (the size of a loan Freddie Mac may purchase),
with an increase in the minimum loan limit (the "floor") from 48 percent
to 65 percent of the Freddie Mac limit. The bill also extends the
maximum length for an FHA loan term from 35 to 45 years.

H.R. 5121 allows FHA to use a risk-based premium structure for
single-family mortgages, insured on or after October 1, 2006, allowing
for different interest rates to be charged depending on a borrower's
credit history. The bill also removes the current cash downpayment
requirement of three percent and allows the Secretary to determine the
requirement, meaning that FHA could guarantee low- or zero-downpayment
loans.

The bill establishes a Mutual Mortgage Insurance Fund (MMIF) at the
Department of Treasury to consolidate single-family FHA mortgage loan
programs under one fund. The Secretary is directed to ensure that the
Fund remains financially sound. If the Fund proves to be actuarially
unsound, the Secretary is permitted to adjust premiums or adjust
underwriting standards. In addition, single-family mortgages insured on
Hawaiian Home Lands and Indian reservations become obligations of the
MMIF.

H.R. 5121 permits mortgage brokers and correspondent lenders to
originate FHA loans if they post bond in the amount of \$75,000, in lieu
of having to meet various financial audit and net worth requirements
(which, it is argued, consumes time and proves costly). Finally, the
bill eliminates the current volume cap (set at 250,000) on FHA Home
Equity Conversion Mortgages (HECM) or "reverse mortgages"---whereby
homeowners over the age of 62 take out a line of credit on their
home---and sets a single nation-wide loan limit tied to the GSE
conforming loan limit.

**[Conservative Concerns:]{.underline}** Some conservatives may be
concerned that H.R. 5121 expands FHA's ability to guarantee mortgages
and therefore increases a federal subsidy for homebuyers. In addition,
some may be concerned that this expansion may crowd out the private
market. For instance, according to CBO, "FHA's basic insurance is
directed at a segment of the market that is shrinking and becoming less
dependent on the government for access to mortgage financing. In part,
that situation has arisen because private lenders have increased their
offerings for low-downpayment and higher-risk mortgages."

Given that the private marketplace is offering many different,
affordable homeownership opportunities, one might question whether now
is the proper time to expand and perpetuate a government program that
was created in 1934 to broaden homeownership and increase employment in
the building industry.

[]{.mark}

**[Committee Action]{.underline}**: On April 6, 2006, H.R. 5121 was
referred to the House Financial Services Committees, which reported the
bill on May 24^th^ for consideration by the full House of
Representatives.

[]{.mark}

**[Cost to Taxpayers]{.underline}**: According to CBO, H.R. 5121
saves---by increasing offsetting collections from mortgage fees---\$247
million in FY2007 and \$2.1 billion over five years (subject to
appropriations). However, in a study requested by Congressman Jeb
Hensarling, CBO stated that current budget rules understate the cost of
federal credit programs, such as FHA loan programs, in part by failing
to account for market risk and separately listing administrative
expenses.

> \[Current budget rules\] understate the cost of FHA guarantees
> relative to that of other federal spending programs....For example, a
> proposal to spend \$2 billion per your for vouchers to permit
> high-risk first-time home buyers to purchase private mortgage
> insurance would have a budget cost of \$10 billion over a five-year
> period, whereas the fiscally equivalent alternative of operating the
> \[FHA\] program under current policy would be shown in the budget as
> having net savings of \$1.8 billion for that same period.
>
> Source:
> [http://www.cbo.gov/ftpdocs/74xx/doc7412/07-17-FHA.pdf]{.underline}

[]{.mark}

As a result, while the CBO cost estimate may suggest "savings" from
expanding the FHA loan programs, H.R. 5121's actual burden to the
taxpayer is far greater.

[]{.mark}

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: The bill expands federal loan programs.

[]{.mark}

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

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

[]{.mark}

**[Constitutional Authority]{.underline}**: The Financial Services
Committee cites constitutional authority in Article I, Section 8, Clause
1 (relating to the general welfare of the United States) and Clause 3
(relating to the power to regulate interstate commerce).

[]{.mark}

**[RSC Staff Contact]{.underline}**: Russ Vought,
russell.vought@mail.house.gov, (202) 226-8581

H.R. 5074 --- Railroad Retirement Technical Improvement Act of 2006 ---
*as reported* (Young, R-AK)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Tuesday, July 25, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** H.R. 5074 would require the U.S. Treasury to
serve as the disbursing agent for benefits payable under the Railroad
Retirement Act of 1974 (45 U.S.C. 231f(b)(4)). The bill makes this
change to the Act by striking a current provision that requires the
Railroad Retirement Board (RRB) to enter into an arrangement with a
nongovernmental financial institution to serve as the disbursing agent
for annuity and death benefits, and replaces it with the requirement
that the U.S. Treasury fulfill this role. Prior to an amendment to the
RRA in 2001 (P.L. 107-90), the Treasury served as the disbursing agent
for these payments.

**[Committee Action]{.underline}:** H.R. 5074 was introduced on April 4,
2006, and referred to the Committee on Transportation and
Infrastructures' Subcommittee on Railroads. The bill was marked-up on
April 5, 2006, and it was reported to the House by voice vote the same
day (H. Rept.
[109-569](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr569):)).

**[Cost to Taxpayers]{.underline}:** CBO estimates that "using the
Treasury rather than a nongovernmental institution would save about \$2
million a year. Assuming that appropriations for the RRB's
administrative expenses reflect that change, CBO estimates **the bill
would reduce outlays by \$2 million in 2007 and by \$9 million over the
2007-2011 period."**

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}:** As noted above, the bill requires the U.S.
Treasury to (again) become the disbursing agent for annuity and death
benefits provided under the Railroad Retirement Act.

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

**[Constitutional Authority]{.underline}:** Committee Report
[109-569](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr569):)
cites constitutional authority for this legislation in Article 1,
Section 8 (enumerated powers of Congress) of the Constitution, but fails
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. 5013 --- Disaster Recovery Personal Protection Act of 2006

--- *as amended* (Jindal, R-LA)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, July 25, 2006, under a motion to suspend the
rules and pass the bill, as amended.

**[Summary]{.underline}**: H.R. 5013 amends current law to prohibit
anyone acting under color of federal law, or receiving federal funds,
while acting in support of relief from a major disaster or emergency,
from:

-   confiscating legally possessed firearms other than in compliance
    with federal law, or in a criminal investigation;

-   requiring registration of any firearm for which registration is not
    required by federal or state law;

-   prohibiting possession of any firearm, or promulgate any rule,
    regulation, or order prohibiting possession of any firearm, in any
    place or by any person where such possession is not otherwise
    prohibited by federal or state law; or

-   prohibiting the carrying of firearms by any person otherwise
    authorized to carry firearms under federal or state law, solely
    because such person is operating under the direction, control, or
    supervision of a federal agency in support of relief from a major
    disaster or emergency.

H.R. 5013 creates a private right of action by anyone deprived of their
Second Amendment rights under the bill, and permits individuals
aggrieved by the seizure or confiscation of a firearm of the provisions
in this bill, may bring an action in court, pursuing the return of the
confiscated firearm. H.R.5013 would award "reasonable attorney's fees"
to the prevailing party, unless that is the United States, in any case
arising under the bill.

[]{.mark}

[]{.mark}

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

-   "The Second Amendment to the Constitution states, '... the right of
    the people to keep and bear arms, shall not be infringed,' and
    Congress has repeatedly recognized this language as protecting an
    individual right;

-   "In the wake of Hurricane Katrina, certain agencies confiscated the
    firearms of ... citizens, in contravention of the Second Amendment,
    depriving these citizens of the right to keep and bear arms and
    rendering them helpless against criminal activity;

-   "These confiscations were carried out at gunpoint, by nonconsensual
    entries into private homes, by traffic checkpoints, by stoppage of
    boats, and otherwise by force;

-   "The citizens from whom firearms were confiscated were either in
    their own homes or attempting to flee the flooding and devastation
    by means of motor vehicle or boat, and were accosted, stopped, and
    arbitrarily deprived of their private property and means of
    protection;

-   "The means by which the confiscations were carried out, which
    included intrusion into the home, temporary detention of persons,
    and seizures of property, constituted unreasonable searches and
    seizures and deprived these citizens of liberty and property without
    due process of law in violation of fundamental rights under the
    Constitution; and

-   "These confiscations and prohibitions, and the means by which they
    were carried out, deprived the citizens of Louisiana not only of
    their right to keep and bear arms, but also of their rights to
    personal security, personal liberty, and private property, all in
    violation of the Constitution and laws of the United States."

**[Additional Information]{.underline}**: According to the sponsor's
office,

> H.R. 5013 would prohibit any agency using federal disaster relief
> funds from seizing firearms or restricting firearms possession, except
> in the circumstances allowed by current federal or state law. It also
> would prevent agencies from imposing \"no guns\" policies not
> authorized by law. The bill would not prevent confiscating guns from
> convicted felons and other "prohibited persons," and would have no
> effect on law enforcement operations outside of disaster relief
> situations

The bill is aimed at allowing persons lawfully in possession of handguns
to keep them when they need it most and are the most vulnerable to
protect personal property from looting in a disaster situation.

**[Committee Action]{.underline}**: H.R. 5013 was introduced on March
28, 2006, and referred to the Committee on Transportation and
Infrastructure's Subcommittee on Economic Development, Public Buildings
and Emergency Management. The bill was marked-up and was ordered
reported to the House by voice vote on May 17, 2006.

**[Cost to Taxpayers]{.underline}**: CBO estimates that implementing
H.R. 5013 would have no significant impact on the federal budget, and
would not affect direct spending or revenues.

**[Outside Organizations]{.underline}**: The National Rifle Association
is strongly in support of this legislation.

**[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}**: CBO states that H.R. 5013
contains an intergovernmental mandate as defined in the Unfunded
Mandates Reform Act (UMRA) because it would preempt, during a major
disaster or an emergency, some local gun-control ordinances that are
more strict than state or federal law. However, the bill would not
exceed the threshold set in UMRA as local governments would incur no
direct costs from the preemption.

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

Although no committee report citing constitutional authority is
available, the bill's findings cite the Second Amendment multiple times.

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

[]{.mark}

H.Con.Res. 145 --- Expressing the sense of Congress in support of a
national bike month and in appreciation of cyclists and others for
promoting bicycle safety and the benefits of cycling --- *as reported*
*(Blumenauer, D-OR)*

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Tuesday, July 25, 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 the U.S. should observe a national bike
month. Because the resolution merely states such a month should be
observed, but does not establish a commemorative month, the
parliamentarian's office has ruled that it is allowable under House
rules.

**[Summary]{.underline}**: H.Con.Res. 145 resolves that Congress:

-   "United States citizens should observe a national bike month to
    educate citizens of the United States about the importance of
    bicycle safety and the health, transportation, recreational, and
    environmental benefits derived from cycling;

-   "health and transportation professionals and organizations should
    promote bicycle safety and the benefits of cycling; and

-   "United States citizens should salute the more than 57 million
    cyclists in the United States and the national and community
    organizations, individuals, volunteers, and professionals associated
    with cycling for promoting bicycle safety and the benefits of
    cycling."

[]{.mark}

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

-   "the bicycle industry generates more than \$5 billion dollars a year
    and is an important part of the economy of the United States; and

-   "the month of May has officially been celebrated as National Bike
    Month by the League of American Bicyclists and the majority of the
    international cycling community since 1956."

**[Committee Action]{.underline}**: H.Con.Res. 145 was introduced on May
5, 2005, and referred to the Committees on Transportation and
Infrastructure, and Energy and Commerce. Transportation and
Infrastructure's Subcommittee on Highways, Transit and Pipelines
marked-up the resolution and the full committee reported it to the House
by voice vote, on May 18, 2005.

**[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.

**[Constitutional Authority]{.underline}**: Committee Report 109-570,
cites constitutional authority for this legislation in Article 1,
Section 8 of the Constitution, but fails 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}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

H.R. 5187 --- To amend the John F. Kennedy Center Act to authorize
additional appropriations for the John F. Kennedy Center for the
Performing Arts for fiscal year 2007 --- *as reported* (*Oberstar,
D-MN*)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, July 25, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 5187 would add \$1.1 million to the John
F. Kennedy Center's Maintenance, Repair, and Security account in FY07
(from \$18 million to \$19.1 million); and \$2 million to the Capital
Projects account in FY07 (from \$18 million to \$20 million).

**[Committee Action]{.underline}**: H.R. 5187 was introduced on April
25, 2006, and referred to the Committee on Transportation and
Infrastructure. The Subcommittee on Economic Development, Public
Buildings and Emergency Management held a mark-up, and the bill was
ordered to be reported to the House by voice vote on May 17, 2006 (H.
Rept. 109-514).

**[Cost to Taxpayers]{.underline}**: CBO estimates that if the newly
authorized funds are appropriated, outlays would increase by \$3 million
from FY2007 to FY2011. Enacting H.R. 5187 would not affect direct
spending or revenues.

**[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 109-514
cites constitutional authority for this legislation in Article 1,
Section 8 of the Constitution, but fails 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}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

H.Con.Res. 235 --- Expressing the sense of the Congress that States
should require candidates for driver\'s licenses to demonstrate an
ability to exercise greatly increased caution when driving in the
proximity of a potentially visually impaired individual --- *as
reported* (*Evans, D-IL*)

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Tuesday, July 25, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 235 resolves, "that it is the sense of
the Congress that each State should require any candidate for a driver's
license in such State to demonstrate, as a condition of obtaining a
driver's license, an ability to associate the use of the white cane and
guide dog with visually impaired individuals and to exercise greatly
increased caution when driving in proximity to a potentially visually
impaired individual."

[]{.mark}

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

-   "many people in the United States who are blind or otherwise
    visually impaired have the ability to travel throughout their
    communities without assistance;

-   "visually impaired individuals encounter hazards that a pedestrian
    with average vision could easily avoid, many of which involve
    crossing streets and roadways;

-   "the white cane and guide dog should be generally recognized as aids
    to mobility for visually impaired individuals;

-   "many States do not require candidates for driver's licenses to
    associate the use of the white cane or guide dog with potentially
    visually impaired individuals; and

-   "visually impaired individuals have had their white canes and guide
    dogs run over by motor vehicles, have been struck by the side-view
    mirrors of motor vehicles, and have suffered serious personal injury
    and death as the result of being hit by motor vehicles."

**[Committee Action]{.underline}**: H.Con.Res. 235 was introduced on
September 7, 2005, and referred to the Committee on Transportation and
Infrastructure. The Subcommittee on Highways, Transit and Pipelines held
a mark-up and the resolution was ordered reported to the House by voice
vote on April 5, 2006 (H. Rept. 109-513).

**[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.Con.Res. 449 --- Commemorating the 60th anniversary of the historic
1946 season of Major League Baseball Hall of Fame member Bob Feller and
his return from military service to the United States []{.mark}

--- *as introduced* (LaTourette, R-OH)

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Tuesday, July 4, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Con.Res. 449 resolves that Congress,
"commemorates the 60^th^ anniversary of the 1946 season of Bob Feller
and his return from military service to the United States."

[]{.mark}

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

-   "Robert William Andrew Feller was born on November 3, 1918, near Van
    Meter, Iowa, and resides in Gates Mills, Ohio;

-   "Bob Feller enlisted in the Navy 2 days after the attack on Pearl
    Harbor in 1941;

-   "At the time of his enlistment, Bob Feller was at the peak of his
    baseball career, as he had been signed to the Cleveland Indians at
    the age of 16, had struck out 15 batters in his first Major League
    Baseball start in August 1936, and established a Major League record
    by striking out 18 Detroit Tigers in a single, 9-inning game;

-   "Bob Feller served with valor in the Navy for nearly 4 years,
    missing almost 4 full baseball seasons;

-   "Bob Feller was stationed mostly aboard the U.S.S. Alabama as a
    gunnery specialist, where he kept his pitching arm in shape by
    tossing a ball on the deck of that ship;

-   "Bob Feller earned 8 battle stars and was discharged in late 1945,
    and was able to pitch 9 games at the end of that season, compiling a
    record of 5 wins and 3 losses;

-   "60 years ago, amid great speculation that, after nearly 4 seasons
    away from baseball, his best pitching days were behind him, Bob
    Feller had 1 of the most amazing seasons in baseball history;

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-   "Bob Feller was inducted into the Baseball Hall of Fame in 1962; and

```{=html}
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```
-   "Bob Feller, a beloved baseball figure known as 'Bullet Bob' and
    'Rapid Robert,' placed service to his country ahead of playing the
    game he loved and is a decorated war veteran;

**[Committee Action]{.underline}**: H.Con.Res. 449 was introduced on
September 19, 2006, and referred to the Committee on 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}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; (202) 226-9717

H.Con.Res. 384 --- Recognizing and honoring the 100^th^ anniversary of
the founding of the Alpha Phi Alpha Fraternity, Incorporated, the first
intercollegiate Greek-letter fraternity established for African
Americans --- *as introduced* (*Hinchey, D-NY*)

**[Order of Business]{.underline}:** The resolution is scheduled for
consideration on Tuesday, July 25, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}:** H.Con.Res. 384 resolves that Congress:

1)  "recognizes and honors the 100th anniversary of the founding of the
    Alpha Phi Alpha Fraternity;

2)  "commends all Alpha Phi Alpha brothers, past and present, for their
    bond of friendship, common ideals and beliefs, and service to
    community; and

3)  "expresses its best wishes for the Alpha Phi Alpha Fraternity\'s
    continued success and growth."

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

-   "the Alpha Phi Alpha Fraternity was founded on December 4, 1906, by
    seven young men, respectfully known as the Seven Jewels, at Cornell
    University in Ithaca, New York;

-   "the aims of the Alpha Phi Alpha Fraternity are manly deeds,
    scholarship, and love for all mankind;

-   "for 100 years, the Alpha Phi Alpha Fraternity has played a
    fundamental role in the positive development of the character and
    education of more than 175,000 men; and

-   "the Alpha Phi Alpha Fraternity has 350 college campus chapters and
    350 alumni chapters in 44 States, the District of Columbia, Africa,
    Asia, the Caribbean, and Europe."

**[Additional Information]{.underline}:** For additional information on
the Alpha Phi Alpha fraternity, please visit:
<http://www.bama.ua.edu/~ka-aphia/frame.html>.

**[Committee Action]{.underline}:** H.R. 5852 was introduced on April 6,
2006, and referred to the Committee on Education and Workforce's
Subcommittee on 21st Century Competitiveness, 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