![](media/image1.jpeg){width="6.489583333333333in"
height="1.15625in"}**Legislative
Bulletin.....................................January 23, 2008**

> **Contents:**
>
> **H.R. 3873---**Section 515 Rural Housing Property Transfer
> Improvement Act of 2007
>
> **H.R. 3959**---To amend the National Flood Insurance Act of 1968 to
> provide for the phase-in of actuarial rates for certain pre-FIRM
> properties
>
> **H.Res. 916**---Honoring the contributions of Catholic schools
>
> **H.Res. 908**---Supporting the goals and ideals of National Mentoring
> Month
>
> **H.Res. 932**---Expressing support for designation of the week of
> February 4 through February 8, 2008 as "National School Counseling
> Week"
>
> **H.Res. 493**---Congratulating the women\'s water polo team of the
> University of California, Los Angeles, for winning the 2007 NCAA
> Division I Women's Water Polo National Championship, and
> congratulating UCLA on its 100th NCAA sports national title, making it
> the most accomplished athletic program in NCAA history
>
> **H.Res. 852**---Raising awareness and encouraging prevention of
> stalking by establishing January 2008 as "National Stalking Awareness
> Month"
>
> **H.R. 3992**---Mentally Ill Offender Treatment and Crime Reduction
> Reauthorization and Improvement Act of 2007
>
> **H.R. 3971**---Death in Custody Reporting Act of 2007

**H.R. 3873---Section 515 Rural Housing Property Transfer Improvement
Act of 2007 *(Hodes, D-NH)***

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, January 23, 2008, under a motion to suspend the
rules and pass the bill.\
\
**[Summary]{.underline}**: H.R. 3873 would amend the Housing Act of 1949
to grant the Rural Housing Service (RHS), within the Department of
Agriculture, the authority to make direct loans to developers to build
multifamily rental housing in rural areas that are affordable to very
low-income families, elderly people, and persons with disabilities.

Specifically, the bill would direct the Secretary of Agriculture to make
"administrative and procedural changes as may be necessary to expedite
the approval of applications to transfer ownership of projects for which
a loan is made or insured under this section for the preservation,
continued use restriction, and rehabilitation of such projects."
Additionally, the Secretary "shall actively facilitate transfers of the
ownership of projects that will result in the preservation, continued
use restriction, and rehabilitation of such projects."\
\
H.R. 3873 would also grant final regulatory authority over such property
transfers to the Office of Rental Housing Preservation of the RHS. In
addition, H.R. 3873 authorizes the Office of Rental House Preservation
to work with and seek recommendations from the State Rural Development
offices of the Department of Agriculture.\
\
H.R. 3873 sets deadlines for the processing of transfer applications by
the Office as well as by state and local offices.\
\
Finally, H.R. 3873 instructs the Secretary of Agriculture to submit a
report to certain congressional committees which:

-   "identifies the actions that the Secretary has taken to coordinate
    with other Federal agencies, including the Department of Housing and
    Urban Development and the Internal Revenue Service, and, in
    particular, with the program for rental assistance under section 8
    of the United States Housing Act of 1937, the multifamily mortgage
    insurance programs under title II of the National Housing Act, the
    program under section 42 of the Internal Revenue Code of 1986 for
    low-income housing tax credits, and the program for tax-exempt bonds
    under section 142 of such Code;

-   "identifies and describes any resulting improvements within Rural
    Housing Service of the Department of Agriculture in expediting the
    transfer of ownership of projects with loans made or insured under
    section 515 of the Housing Act of 1949; and

-   "makes recommendations for any legislative changes that are needed
    for the prompt processing of applications for such ownership
    transfers and for the transfer of such projects."

**[Committee Action]{.underline}**: H.R. 3873 was introduced on October
17, 2007 and was referred to the House Committee on Financial Services.
On October 31, 2007, the Financial Services committee held a mark-up on
H.R. 3873 and reported the bill by voice vote.

**[Cost to Taxpayers]{.underline}**: A CBO score for H.R. 3873 estimates
that implementing H.R. 3873 would cost about \$1 million annually over
the 2008-2012 period (subject to appropriation of the necessary
amounts). According to CBO, "some transfers of property would happen
more expeditiously under this legislation, which could cause taxable
events to occur sooner than they otherwise would. Although faster
processing of property transfers could increase revenue from individual
income taxes, CBO estimates that the total effect on revenues for any
fiscal year would be less than \$500,000; the effect over the 2008-2017
period also would be less than \$500,000."

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, H.R. 3873 provides the Rural Housing
Service (RHS) within the Department of Agriculture with the authority to
make direct loans to developers to build multifamily rental housing in
rural areas that are affordable to very low-income families, elderly
people, and persons with disabilities.

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

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}**: According to
[[Financial Services Committee Report
110-464]{.underline}](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr464):),
"H.R. 3873 does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9 of rule
XXI."

**[Constitutional Authority]{.underline}**: According to [[Financial
Services Committee Report
110-464]{.underline}](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr464):),
"the Committee finds that the Constitutional Authority of Congress to
enact this legislation is provided by Article 1, section 8, clause 1
(relating to the general welfare of the United States) and clause 3
(relating to the power to regulate interstate commerce)."

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

**H.R. 3959---To amend the National Flood Insurance Act of 1968 to
provide for the phase-in of actuarial rates for certain pre-FIRM
properties (Garrett, R-NJ)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, January 23, 2008, under a motion to suspend the
rules and pass the bill.\
\
**[Summary]{.underline}**: H.R. 3959 would require any purchaser of a
pre-FIRM primary residential home that costs \$600,000 or higher to pay
phased-in actuarial flood insurance prices using the same phase-in
structure that non-residential and non-primary homes are currently
subject to in H.R. 3121, the Flood Insurance Reform and Modernization
Act (FIRM) of 2007.\
\
**[Additional Information]{.underline}**: According to the sponsor's
office, H.R. 3959 "would provide additional resources to the flood
insurance program in a fair and reasonable way and not subject current
home owners of pre-FIRM houses to unanticipated or unplanned for
increases in the flood insurance premiums." In addition, "The higher
rates would not go into effect until Jan. 1, 2011 and then they would be
phased in at 15% a year.  That date allows people to plan more and it is
also tied to the date that the flood maps are tentatively scheduled to
be completed.  Now the flood map modernization process is ongoing so we
set the day based on when FEMA estimated having majority of maps
complete."\
\
According to a Dear Colleague circulated by the sponsor's office, "The
NFIP was created after many homeowners had already built their homes in
flood prone areas and before any comprehensive flood maps existed.
Because of this, Congress allowed the owners of these properties
(otherwise known as pre-FIRM properties) to purchase flood insurance
from the federal government at subsidized rates." The letter goes on to
state:\
\
Over the last 20 years, the NFIP has been largely self-sufficient.
Claims going out have equaled receipts coming in. But in 2005, with the
devastating storms of Hurricane Katrina and Hurricane Rita, the NFIP had
to borrow over \$24 billion to meet its contractual obligations and pay
out the affected policyholders. Because of this, some people have
advocated for a total and immediate withdrawal of the subsidy for all
pre-FIRM homes regardless of when they were purchased. Others believe
that it is not fair to force someone who bought their home assuming one
flood insurance rate to have their rate changed in the middle of their
mortgage. H.R. 3959 would require any [new purchaser]{.underline} of a
pre-FIRM primary residential home that costs over \$600,000 to pay
phased-in actuarial flood insurance prices using the same phase-in
structure that non-residential and non- primary homes are currently
subject to in this same legislation.\
\
**[Committee Action]{.underline}**: H.R. 3959 was introduced on October
17, 2007 and was referred to the House Committee on Financial Services.
On October 31, 2007, the Financial Services committee held a mark-up on
H.R. 3959 and reported the bill, as amended, by voice vote.

**[Cost to Taxpayers]{.underline}**: According to CBO, "any premium
increase implemented as a result of the bill would yield additional
receipts to the National Flood Insurance Program (NFIP); however, CBO
estimates that such funds would be spent to cover the ongoing costs of
the program, resulting in no significant net effect on direct spending.
Enacting this legislation would not affect 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.

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}**: According to Financial
Services [[Committee Report
110-510]{.underline}](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr510):),
"H.R. 3959 does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9 of rule
XXI."

**[Constitutional Authority]{.underline}**: According to Financial
Services [[Committee Report
110-510]{.underline}](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr510):),
"the Committee finds that the Constitutional Authority of Congress to
enact this legislation is provided by Article 1, section 8, clause 1
(relating to the general welfare of the United States) and clause 3
(relating to the power to regulate interstate commerce)."

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

**H.Res. 916---Honoring the contributions of Catholic schools**

***(Lipinski, D-IL)***

**[Order of Business]{.underline}**: H.Res. 916 is scheduled to be
considered on Wednesday, January 23, 2008, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 916 would express the sense that the
House:

-   "supports the goals of Catholic Schools Week, an event co-sponsored
    by the National Catholic Educational Association and the United
    States Conference of Catholic Bishops and established to recognize
    the vital contributions of America's thousands of Catholic
    elementary and secondary schools; and

-   "congratulates Catholic schools, students, parents, and teachers
    across the Nation for their ongoing contributions to education, and
    for the key role they play in promoting and ensuring a brighter,
    stronger future for this Nation."

The resolution lists a number of findings, including:

-   "America's Catholic schools are internationally acclaimed for their
    academic excellence, but provide students more than a superior
    scholastic education;

-   "Catholic schools ensure a broad, values-added education emphasizing
    the lifelong development of moral, intellectual, physical, and
    social values in America's young people;

-   "the total Catholic school student enrollment for the 2006-2007
    academic year was more than 2,300,000 and the student-teacher ratio
    was 15 to 1;

-   "more than 25 percent of school children enrolled in Catholic
    schools are from minority backgrounds, and nearly 14 percent are
    non-Catholics;

-   "Catholic schools produce students strongly dedicated to their
    faith, values, families, and communities by providing an
    intellectually stimulating environment rich in spiritual, character,
    and moral development;

-   "the Catholic high school graduation rate is 99 percent, with 80
    percent of graduates attending four-year colleges and 17 percent
    attending two-year colleges or technical schools; and

-   "January 27 to February 2, 2008, has been designated as Catholic
    Schools Week by the National Catholic Educational Association and
    the United States Conference of Catholic Bishops."

**[Committee Action]{.underline}**: H.Res. 916 was introduced on January
15, 2008, and referred to the Committee on House Committee on Education
and Labor, where no further action was taken.\
\
**[Cost to Taxpayers]{.underline}**: The resolution does not authorize
expenditures.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.\
\
**[RSC Staff Contact]{.underline}**: Sarah Makin; 202-226-0718;
[[sarah.makin@mail.house.gov]{.underline}](mailto:sarah.makin@mail.house.gov)

**H.Res. 908---Supporting the goals and ideals of National Mentoring
Month *(McCollum, D-MN)***

**[Order of Business]{.underline}**: H.Res. 908 is scheduled to be
considered on Wednesday, January 23, 2008, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 908 would express the sense that the
House:

-   "supports the goals and ideals of National Mentoring Month;

-   "acknowledges the diligent efforts of individuals and groups who
    promote mentoring and who are observing the month with appropriate
    ceremonies and activities that promote awareness of and volunteer
    involvement with youth mentoring;

-   "recognizes with gratitude the contributions of the millions of
    caring adults and students who are already volunteering as mentors;
    and

-   "encourages more adults and students to volunteer as mentors."

The resolution lists a number of findings, including:

-   "youth mentoring establishes a structured and trusting relationship
    between young people and caring individuals who offer guidance,
    support, and encouragement;

-   "a growing body of mentoring research provides strong evidence that
    mentoring programs are successful in reducing delinquency, substance
    use and abuse, and academic failure;

-   "research also shows that formal mentoring that is focused on
    developing the competence and character of the young person promotes
    positive outcomes such as improved academic achievement,
    self-esteem, social skills, and career development;

-   "mentoring provides a supportive environment in which young people
    can grow, expand their vision of the future, and achieve goals that
    they never thought possible;

-   "more than 4,000 mentoring programs in communities of all sizes
    across the United States focus on building strong, effective
    relationships between mentors and mentees;

-   "public-private mentoring partnerships bring State and local leaders
    together to support mentoring programs by preventing duplication of
    efforts, offering training in best practices, and helping mentoring
    programs make the most of the limited resources available to benefit
    the Nation's youth;

-   "more than 15,000,000 young people in the United States fall into a
    mentoring gap and still need mentors;

-   "coordinated national, State, regional, and local efforts need
    Federal support to connect more youth with the powerful benefits
    that result from mentoring;

-   "designation of January 2008 as National Mentoring Month will help
    call attention to the critical role mentors play in helping young
    people realize their potential; and

-   "the month-long celebration of mentoring will encourage more
    organizations across the United States, including schools,
    businesses, nonprofit organizations, faith institutions,
    foundations, and individuals to become engaged in mentoring."

**[Committee Action]{.underline}**: H.Res. 908 was introduced on
December 19, 2007, and referred to the Committee on House Committee on
Education and Labor, where no further action was taken.\
\
**[Cost to Taxpayers]{.underline}**: The resolution does not authorize
expenditures.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.\
\
**[RSC Staff Contact]{.underline}**: Sarah Makin; 202-226-0718;
[[sarah.makin@mail.house.gov]{.underline}](mailto:sarah.makin@mail.house.gov)

**H.Res. 932---Expressing support for designation of the week of
February 4 through February 8, 2008 as "National School Counseling Week"
*(Linda Sanchez, D-CA)***

**[Order of Business]{.underline}**: H.Res. 932 is scheduled to be
considered on Wednesday, January 23, 2008, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 932 would express the sense that the
House:

-   "honors and recognizes the contributions of school counselors to the
    success of students in our Nation's elementary and secondary
    schools; and

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-   "encourages the people of the United States to observe 'National
    School Counseling Week' with appropriate ceremonies and activities
    that promote awareness of the crucial role school counselors play in
    preparing students for fulfilling lives as contributing members of
    society."

The resolution lists a number of findings, including:

-   "American School Counselor Association has declared the week of
    February 4 through February 8, 2008 as 'National School Counseling
    Week';

-   "the House of Representatives has recognized the importance of
    school counseling through the inclusion of elementary and secondary
    school counseling programs in the last reauthorization of the
    Elementary and Secondary Education Act of 1965;

-   "school counselors have long advocated that the education system of
    the United States must leave no child behind and must provide
    opportunities for all students;

-   "school counselors have long emphasized the importance of personal
    and social development in academic achievement;

-   "school counselors help develop well-rounded students by guiding
    them through their academic, personal, social, and career
    development;

-   "school counselors play a vital role in ensuring that students are
    aware of financial aid and college opportunities;

-   "school counselors may encourage students to pursue challenging
    academic courses to prepare them for college majors and careers in
    the science, technology, engineering, and mathematics fields;

-   "school counselors help students cope with the serious and common
    challenges of growing up, including peer pressure, mental health
    issues, school violence, disciplinary problems, the deployment of
    family members to conflicts overseas, and problems in the home;

-   "school counselors are also instrumental in helping students,
    teachers, and parents deal with personal trauma and community and
    national tragedies;

-   "school counselors are among the few professionals in a school
    building that are trained in both education and mental health;

-   "despite the important contributions of school counselors to student
    success, counseling positions are not always protected when budgets
    are cut;

-   "the celebration of 'National School Counseling Week' would increase
    awareness of the important and necessary role school counselors play
    in the lives of students in the United States; and

-   "the week of February 4 through February 8, 2008 would be an
    appropriate week to designate as 'National School Counseling Week.'"

**[Committee Action]{.underline}**: H.Res. 932 was introduced on January
17, 2008, and referred to the Committee on House Committee on Education
and Labor, where no further action was taken.\
\
**[Cost to Taxpayers]{.underline}**: The resolution does not authorize
expenditures.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.\
\
**[RSC Staff Contact]{.underline}**: Sarah Makin; 202-226-0718;
[[sarah.makin@mail.house.gov]{.underline}](mailto:sarah.makin@mail.house.gov)

H.Res. 493---Congratulating the women's water polo team of the
University of California, Los Angeles, for winning the 2007 NCAA
Division I Women\'s Water Polo National Championship, and congratulating
UCLA on its 100th NCAA sports national title, making it the most
accomplished athletic program in NCAA history

(Lewis, R-CA)

**[Order of Business]{.underline}**: H.Res. 493 is scheduled to be
considered on Wednesday, January 23, 2008, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 493 would express the sense that the
House:

-   "congratulates the women's water polo team of the University of
    California, Los Angeles, and Head Coach Adam Krikorian for winning
    the 2007 NCAA Division I Women's Water Polo National Championship;

-   "congratulates UCLA on becoming the first school to win 100 NCAA
    sports national championship titles, making it the most accomplished
    athletic program in NCAA history; and

-   "recognizes the achievements of all the players, coaches, students,
    alumni, and staff of UCLA who were instrumental over the years in
    this prestigious achievement."

The resolution lists a number of findings, including:

-   "on May 13, 2007, the women's water polo team of the University of
    California, Los Angeles (UCLA), defeated Stanford 5-4 in the
    championship game of the NCAA Division I Women's Water Polo National
    Championship tournament;

-   "the victory gave Head Coach Adam Krikorian and the Bruins women's
    water polo team their third consecutive NCAA Championship and was
    the team's fifth overall national title;

-   "Kelly Rulon, a driver for the Bruins, was selected as the
    tournament's Most Valuable Player;

-   "UCLA women's water polo players Kelly Rulon, Emily Feher, Courtney
    Mathewson, Jillian Kraus, and Kacy Kunkel were named to the NCAA
    All-Tournament First Team;

-   "the UCLA women's water polo team finished the 2007 season with a
    record of 28 wins and 2 losses, and now has a record of 90 wins and
    6 losses over the past 3 seasons;

-   "the 2007 Women's Water Polo National Championship makes UCLA the
    first school ever to win 100 NCAA sports national titles; and

-   "UCLA won its 100th NCAA title less than 58 years after the UCLA
    men's tennis team won the school's first NCAA title in 1950."

**[Committee Action]{.underline}**: H.Res. 493 was introduced on June
18, 2007, and referred to the Committee on Education and Labor's
Subcommittee on Higher Education, Lifelong Learning, and
Competitiveness, which took no official action.\
\
**[Cost to Taxpayers]{.underline}**: The resolution does not authorize
expenditures.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.\
\
**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.Res. 852---Raising awareness and encouraging prevention of stalking by
establishing January 2008 as "National Stalking Awareness Month" (Poe,
R-TX)

**[Order of Business]{.underline}**: H.Res. 852 is scheduled to be
considered on Wednesday, January 23, 2008, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 852 would express the sense of the
House that:

-   "National Stalking Awareness Month provides an opportunity to
    educate the people of the United States about stalking;

-   "all Americans should applaud the efforts of the many victim service
    providers, police, prosecutors, national and community
    organizations, and private sector supporters for their efforts in
    promoting awareness about stalking;

-   "policymakers, criminal justice officials, victim service and human
    service agencies, nonprofits, and others should recognize the need
    to increase awareness of stalking and the availability of services
    for stalking victims." and

-   "Congress urges national and community organizations, businesses in
    the private sector, and the media to promote awareness of the crime
    of stalking through National Stalking Awareness Month."

The resolution lists a number of findings, including:

-   "an estimated 1,006,970 women and 370,990 men are stalked annually
    in the United States and, in the majority of such cases, the person
    is stalked by someone who is not a stranger;

-   "81 percent of women, who are stalked by an intimate partner, are
    also physically assaulted by that partner, and 76 percent of women,
    who are killed by an intimate partner, were also stalked by that
    intimate partner;

-   "74.2 percent of stalking victims reported that the stalking partner
    interfered with their employment, 26 percent of stalking victims
    lose time from work as a result of their victimization, and 7
    percent never return to work;

-   "rapid advancements in technology have made cyber-surveillance the
    new frontier in stalking;

-   "there are national organizations, local victim service
    organizations, prosecutors' offices, and police departments that
    stand ready to assist stalking victims and who are working
    diligently to craft competent, thorough, and innovative responses to
    stalking; and

-   "there is a need to enhance the criminal justice system's response
    to stalking and stalking victims, including aggressive investigation
    and prosecution."

**[Committee Action]{.underline}**: H.Res. 852 was introduced on
December 6, 2007, and referred to the Committee on the Judiciary, which
took no official action.\
\
**[Cost to Taxpayers]{.underline}**: The resolution does not authorize
expenditures.\
\
**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** No.\
\
**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** No.\
\
**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.R. 3992---Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2007 *(Scott, D-VA)*

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, January 23, 2008, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 3992 would reauthorize and expand
Department of Justice (DOJ) grant programs for state and local
governments that treat mentally ill criminal offenders through FY 2013.
H.R. 3992 includes reauthorizations of programs created by the Mentally
Ill Offender Treatment and Crime Reduction Act of 2003, as well as new
programs created by this legislation.

***Reauthorization of the Adult and Juvenile Collaboration Program
Grants***

-   Reauthorizes grants for eligible State and local governments, Indian
    tribes and private organizations, to plan and implement programs to
    improve the treatment of criminal offenders with mental illnesses or
    substance abuse disorders.

-   Allows grants to be used for a range of programs, including
    establishing mental health courts, training for mental health and
    law enforcement personnel, coordination programs between law
    enforcement and mental health services, and transition programs to
    help offenders get back into the community.

-   Increases the authorization level under this section from \$50
    million annually to \$75 million annually through FY 2013.

***Law Enforcement Response to Mentally Ill Offenders Improvement
Grants***

-   Authorizes the creation of a **new federal grant program** to
    provide local law enforcement with training, improved technology,
    and cooperative programs to assist in dealing with mentally ill
    offenders.

-   Limits the federal share of any program funded under this section to
    75%.

-   Authorizes \$10 million annually through FY 2013 to carry out these
    programs.

***Grants for the Effective Treatment of Offenders with Mental
Illness***

-   Authorizes the creation of a **new federal grant program** to
    provide local governments with resources to provide treatment, case
    management, and family services to mentally ill female offenders.

-   Authorizes \$5 million annually through FY 2013 to carry out these
    programs.

***Grants to Expand the Capabilities and Effectiveness of Correctional
Agency Identification and Treatment Plans for Mentally Ill Offenders***

-   Authorizes the creation of a **new federal grant program** to
    provide local governments the capacity to better asses and treat
    mentally ill offenders in correctional facilities.

-   Authorizes the use of grants to continue, improve, or create mental
    health programs for incarcerated individuals.

-   Requires the Attorney General to allocate funds under this grant
    program based on the percentage of inmates with mental illness.

-   Authorizes \$10 million annually through FY 2013 to carry out these
    programs.

***Statewide Planning Grants to Improve Treatment of Mentally Ill
Offenders***

-   Authorizes the creation of a **new federal grant program** for state
    and local governments to coordinate and administer treatment for
    mentally ill offenders.

-   Authorizes \$10 million annually through FY 2013 to carry out these
    programs.

***Improving the Mental Health Courts Grant Program***

-   Reauthorizes \$10 million annually to fund the mental health courts
    grant program through FY 2013.

***Study and Report on the Prevalence of Mentally Ill Offenders***

-   Authorizes \$2 million in FY 2009 for the Attorney General to
    conduct a study regarding the rate of occurrence of serious mental
    illness in different segments of the incarcerated population.

-   Requires the Attorney General to submit the findings of the report
    within 18 months of the passage of the bill's enactment.

**[Additional Background]{.underline}**: According to the DOJ, mental
health programs in courts and correctional facilities are administered
by the Bureau of Justice Assistance to support projects that "seek to
mobilize communities to implement innovative, collaborative efforts that
bring systemwide improvements to the way the needs of adult offenders
with mental disabilities or illnesses are addressed." The Mental Health
Courts Program was initially created by America's Law Enforcement and
Mental Health Project, which was enacted in 2000. Mental health programs
for offenders were increased with the enactment of the Mentally Ill
Offender Treatment and Crime Reduction Act of 2004, which authorized
\$50 million annually through FY 2009 for mental treatment geared toward
offenders. Currently, there are 150 mental health courts in operation
with more being planned.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that the bill would increase the annual authorization for
programs to improve the treatment of criminal offenders with mental
illnesses or substance abuse disorders by \$25 million. Some
conservatives may also be concerned that H.R. 3992 would authorize \$175
million to create four new federal programs to assist offenders with
mental disorders.

**[Committee Action]{.underline}**: H.R. 3992 was introduced October 31,
2007, and was referred to the Committee on the Judiciary's Subcommittee
on Crime, Terrorism, and Homeland Security. On November 1, 2007, a
subcommittee mark-up was held and the bill was referred to the full
committee, which held a mark-up one week later and reported the bill by
voice vote.

**[Cost to Taxpayers]{.underline}**: According to CBO, H.R. 3992 would
authorize \$117 million in FY 2008 and \$592 million over the FY 2008
through FY 2013. CBO estimates that, subject to appropriation, outlays
would increase by \$390 million over the FY 2008 through FY 2013 period
and by \$310 million in later years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, it creates new federal grant programs
for state and local governments that treat mentally ill criminal
offenders.

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

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}** A Committee Report
listing Earmarks, Limited Tax Benefits, or Limited Tariff Benefits was
not available.

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

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

H.R. 3971---Death in Custody Reporting Act of 2007 *(Scott, D-VA)*

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, January 23, 2008, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 3971 would require states receiving
certain feredal prison funds to make quarterly reports to the Attorney
General regarding the death of any person detained by the state at the
time of their death. The report must include:

-   the name, gender, race, and age of the deceased;

-   the date, time, and location of death;

-   the law enforcement agency that detained or arrested the deceased;
    and

-   a brief description of the events surrounding the death.

Each state would be required to comply with the bill's stipulations
within 30 days of enactment. States that failed to comply would have the
amount of their federal funds for prisons reduced by ten percent. H.R.
3971 would require that any funds withheld from a state as a result of
noncompliance be reallocated to compliant states.

The bill would also authorize \$500,000 for the Attorney General to
conduct and report a study to determine how the information can be used
to reduce prison deaths.

**[Additional Background]{.underline}**: According to [House Report
110-512](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr512)),
no federal requirement for reporting deaths of prisoners existed before
the enactment of the Death in Custody Reporting Act of 2000. The
Committee on the Judiciary reports that the lack of information
regarding the circumstances surrounding prisoners' deaths "made
oversight of prisoner treatment inadequate at the very least." The lack
of uniform reporting regulations makes it difficult to collect standard
and consistent information regarding the number and types of deaths in
prison annually. H.R. 3971 attempts to apply a uniform and regulated
accounting procedure to all prisoners' deaths in order to improve the
safety of the prison system nationwide.

**[Committee Action]{.underline}**: H.R. 3971 was introduced on October
25, 2007, and referred to the Committee on the Judiciary's Subcommittee
on Crime, Terrorism, and Homeland Security. On November 1, 2007, the
subcommittee forwarded the bill back to the full committee by voice
vote. A full committee mark-up was held on November 7, 2007, and the
bill was reported, as amended, by voice vote.

**[Cost to Taxpayers]{.underline}**: According to CBO, H.R. 3971 would
authorize \$500,000 in FY 2009.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, it creates new federal regulations and
requirements for reporting deaths of prisoners in state custody.

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

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}** According to [House
Report
110-512](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr512)),
H.R. 1943 does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.

**[Constitutional Authority]{.underline}**: [House Report
110-512](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr512))
cites constitutional authority in Article I, Section 8, but does not
cite a specific clause. However, House Rule XIII, Section 3(d)(1),
requires that all committee reports contain "a statement citing the
*specific* powers granted to Congress in the Constitution to enact the
law proposed by the bill or joint resolution." *\[emphasis added\]*

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

\###