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# 

# Legislative Bulletin....................................................September 28, 2006

**Contents:**

> **H.R. 6198 ---** Iran Freedom Support Act
>
> **H.R. 5574** --- Children's Hospital GME Support Reauthorization Act
> of 2006
>
> **H.R. 6143 ---** Ryan White HIV/AIDS Treatment Modernization Act of
> 2006
>
> **H.R. 6197** -- Older Americans Act Amendments of 2006
>
> **H.R. 5681** --- Coast Guard Authorization Act of 2006
>
> **S. 2464** --- Fort McDowell Indian Community Water Rights Settlement
> Revision Act of 2006
>
> **H.R. 4545** -- To amend the Reclamation Wastewater and Groundwater
> Study and Facilities Act to authorize the Secretary of the Interior to
> participate in the Los Angeles County Water Supply Augmentation
> Demonstration Project
>
> **H.R. 6151** --- Hamilton H. Judson Post Office Building Designation
> Act
>
> **H.R. 5736** --- Vincent J. Whibbs Post Office Building Designation
> Act
>
> **S. 3757** --- Katherine Dunham Post Office Building Designation Act

H.R. 1472 --- Tito Puente Post Office Building Designation Act

[]{.mark}

H.R. 6198---Iran Freedom Support Act

---*as introduced* (Ros-Lehtinen, R-FL)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Thursday, September 28^th^, under a motion to suspend the
rules and pass the bill. On April 26, 2006, the House passed a related
bill, H.R. 282, by a vote of 397-21:
<http://clerk.house.gov/evs/2006/roll105.xml>. To see the RSC
Legislative Bulletin on H.R. 282, visit this webpage:
<http://www.house.gov/pence/rsc/doc/LB_042606_Suspensions.doc>.

**[Summary]{.underline}**: H.R. 6198 would provide that U.S. sanctions,
controls, and regulations relating to weapons of mass destruction (WMD)
with respect to Iran are to remain in effect permanently. (These
sanctions are currently implemented via executive order, so this bill
would codify them.) The President could terminate such sanctions, in
whole or in part, if he notifies Congress at least 15 days prior to such
termination. In "exigent circumstances," the presidential notification
would only have to be provided "as early as practicable," but no later
than there days after terminating sanctions.

[]{.mark}

This legislation would have [no]{.underline} effect on other sanctions
relating to Iran's support of international terrorism.

[]{.mark}

The bill would also amend the Iran and Libya Sanctions Act of 1996 (50
U.S.C. 1701 note) to:

-   shorten to six months (from an undefined time period) the period in
    which the President may waive sanctions under the Iran and Libya
    Sanctions Act;

-   increase the legal hurdle over which the President would have to
    jump to waive the sanctions (by certifying that such waiver is
    "vital to the national security of the United States");

-   instruct the President to direct the Secretary of the Treasury, upon
    receipt of credible information about a person's alleged illegal
    activity related to investment in Iran, to initiate an investigation
    into the possible imposition of sanctions against such person as a
    result of such activity, to notify such person of such
    investigation, and to provide a recommendation to the President for
    such purposes;

-   eliminate mandatory sanction provisions respecting Libya;

-   impose mandatory sanctions on a person or entity that aids Iran in
    acquiring or developing WMDs or destabilizing types and numbers of
    conventional weapons;

-   require that the President also certify (in addition to other things
    in current law) that Iran "poses no significant threat to United
    States national security, interest, or allies" before ending
    sanctions on entities that invest in Iran's petroleum sector; and

-   extend the current September 29, 2006 sunset of the Act to December
    31, 2011.

[]{.mark}

The bill would declare it the policy of the U.S. to support independent
human rights and peaceful pro-democracy forces in Iran and then
**authorize "such sums"** through December 31, 2011, for the President
to provide financial and political assistance (including the **award of
grants**) to eligible foreign and domestic individuals and groups that
support and promote democracy in Iran. The funds could not used to
support the use of force against Iran. Eligible recipients must:

-   officially oppose the use of violence and terrorism and has not been
    designated as a foreign terrorist organization at any time during
    the preceding four years;

-   advocate the adherence by Iran to nonproliferation regimes for
    nuclear, chemical, and biological weapons and materials;

-   be dedicated to democratic values and supports the adoption of a
    democratic form of government in Iran;

-   be dedicated to respect for human rights, including the fundamental
    equality of women;

-   work to establish equality of opportunity for people; and

-   support freedom of the press, freedom of speech, freedom of
    association, and freedom of religion.

Funds for such assistance could also come from the Middle East
Partnership Initiative, the Broader Middle East and North Africa
Initiative, and the Human Rights and Democracy Fund.

[]{.mark}

The bill would express a sense of Congress that it should be U.S. policy
not to bring into force an agreement for atomic energy cooperation with
the government of any country that is assisting the nuclear program of
Iran or transferring advanced conventional weapons or missiles to Iran,
unless the President certifies that Iran has ceased its nuclear program
or unless the assisting country agrees to suspend its nuclear
cooperation with Iran.

[]{.mark}

Lastly, the bill would clarify that the Treasury Department's
anti-money-laundering capabilities would be triggered by
money-laundering activity by organized criminal groups, international
terrorists, or entities involved in the proliferation of weapons of mass
destruction or missiles.

**[Additional Background]{.underline}**: The Iran and Libya Sanctions
Act of 1996 was passed in the 104^th^ Congress and became Public Law
104-172. The Government of Iran has a long record of human rights
violations, international agreements violations, pursuit of weapons of
mass destruction, support of international terrorism, and violently
anti-Western, anti-Israel, anti-Semitic rhetoric. Recently, the House
passed two resolutions to this effect: H.Con.Res. 341 and H.Res. 523,
both of which passed nearly unanimously.

**[Committee Action]{.underline}**: H.R. 6198 was referred to the
International Relations Committee on September 27, 2006, and no official
action was taken. H.R. 282 was referred to the International Relations
Committee on January 6, 2005. On April 13, 2005, the Subcommittee on
Middle East and Central Asia marked up and forwarded the bill to the
full committee by voice vote. On March 15, 2006, the full committee
marked up and ordered the bill reported to the full House by a vote of
37-3.

**[Administration Position]{.underline}**: An Administration position on
H.R. 6198 is unavailable, though presumably, this legislation was
crafted in close consultation with the State Department, since several
of the constraints on the President and State Department in H.R. 282 are
not included in H.R. 6198.

**[Cost to Taxpayers]{.underline}**: Although no cost estimate for H.R.
6198 is unavailable, CBO estimated that H.R. 282 would authorize \$15
million in FY2006 and a total of \$95 million over the FY2006-FY2010
period. The grant provisions in the two bills are substantively
identical.

**[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 for H.R.
6198 is unavailable. However, for H.R. 282, the International Relations
Committee, in House Report 109-417, cites constitutional authority in
Article I, Section 8, Clause 3 (the congressional power to regulate
commerce with foreign nations) and Article I, Section 8, Clause 18 (the
congressional power to make all laws necessary and proper for executing
the foregoing powers).

**[Outside Organizations]{.underline}**: Groups like the Republican
Jewish Coalition and the American Israel Public Affairs Committee
(AIPAC) are strongly supporting this legislation.

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

H.R. 5574 --- Children's Hospital GME Support Reauthorization Act of
2006--- *as received* (Deal, R-GA)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Thursday, September 28, 2006, under a motion to suspend
the rules and pass the bill, as amended by the Senate.

[Note]{.underline}: The House initially passed H.R. 5574 bill by a vote
of [421-4](http://clerk.house.gov/evs/2006/roll307.xml) on June 21, 2006
(the text of which is substantially the same as this bill). The Senate
passed an amended version by unanimous consent on September 26, 2006.

**[Summary]{.underline}:** H.R. 5574 would reauthorize the Children's
Hospital GME Support program and provide funding authorization through
FY2011. H.R. 5574 reauthorizes this program at \$300 million each year
from FY07 through FY11. This program, which expired in 2005, provides
payments to children's hospitals that operate graduate medical education
(GME) programs. These payments could be used for direct costs, such as
salaries, and indirect costs, such as patient costs that are higher in a
teaching hospital than in a non-teaching hospital. H.R. 5574 directs
hospitals receiving a payment under this program to annually submit a
report detailing certain information relating to the residency training
program sponsored by the hospital. The bill provides that the payments
to a hospital are to be reduced by 25% if the hospital has failed to
provide this required report. H.R. 5574 also requires Health and Human
Services (HHS) to submit, not later then FY11, a report to Congress
summarizing the information submitted to HHS by the hospitals receiving
funding, describing the results of the new program, and making
recommendations for improvements to the program.

**The difference between the House-passed version and the Senate
amendment (the current version) is an additional \$150 million of
authorized appropriations over five years for the program.**

**[Committee Action]{.underline}:** H.R. 5574 was introduced on June 9,
2006, and referred to the Committee on Energy and Commerce's
Subcommittee on Health. The bill was considered, marked-up on June 15,
2006, and reported (amended) to the House by the same day (House Report
[109-508](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr508):)).
The House passed the bill on the Suspension Calendar by a vote of
[421-4](http://clerk.house.gov/evs/2006/roll307.xml) on June 21, 2006.
The Senate passed an amended version of the bill by unanimous consent on
September 26, 2006.

**[Cost to Taxpayers]{.underline}:** CBO estimates that **the bill would
cost \$300 million in 2007 and \$1.5 billion over the 2007-2011
period,** though this estimate was based on the House-passed bill. **The
Senate amendment increases the authorized appropriations by an
additional \$150 million over five years.**

**[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 Energy and Commerce
Committee, in House Report
[109-508](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr508):)
cites constitutional authority in Article I, Section 8, Clause 3 (the
power of Congress to regulate interstate commerce).

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

**H.R. 6143 --- Ryan White HIV/AIDS Treatment Modernization Act of 2006
--- *as reported* (Bono, R-CA)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Thursday, September 28, 2006, under

a motion to suspend the rules and pass the bill.

**[Summary]{.underline}**: H.R. 6143 would reauthorize, through FY 2011,
the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act, which
funds domestic treatment and support services for individuals with
HIV/AIDS. The specific provisions of the bill are as follows, summarized
by title.

*Title I*

-   Maintains the current initial eligibility for a metropolitan area to
    qualify as an eligible metropolitan area (EMA) in order to receive
    Ryan White, Title I, Part A grants. These grants are awarded to EMAs
    for emergency relief for individuals living with HIV/AIDS. EMA is
    defined as 50,000 or more people in the region with 2,000 or more
    cumulative AIDS cases reported to the Centers for Disease Control
    and Prevention (CDC) in the last five years.

-   Updates the formula through which grants are given to EMAs to carry
    out programs authorized under the Ryan White CARE Act. Specifically,
    the bill increases from 50% to 66-2/3% the percentage of funds to be
    distributed the EMAs based on this formula. Currently, 50% of Part A
    funding is distributed through the formula grant, and the remaining
    50% is for discretionary supplemental grants distributed based on
    need. This bill would increase the portion distributed based on the
    formula. In addition, the bill requires that formula be distributed
    using living names-based HIV and living names-based AIDS case
    counts.

-   Directs the Health and Human Services (HHS) **to carry out a
    program** to monitor the reporting of names-based cases to detect
    instances of inaccurate reporting, including fraudulent reporting.

-   Changes the hold harmless to apply to all EMAs for FY 2007-FY 2009,
    at 95% of the formula amount of the previous fiscal year. This hold
    harmless would not be in effect after 2009.

-   Requires EMAs to demonstrate need in order to receive supplemental
    grants. Need could be demonstrated through ten different factors
    listed in the bill, including unmet need for services, the
    prevalence of homelessness, and limited access to health care.

-   Outlines how EMAs may use grant funding, requiring that at least 75%
    of funds must be used on core medical services (defined in the
    bill). The remaining 25% may be used for support services, and not
    more than 10% may be spent on administrative costs (applied before
    the 75/25 requirement).

-   Establishes a program through which HHS is authorized to make grants
    to areas for which there has been reported to and confirmed by CDC,
    a cumulative total of at least 1,000, but fewer than 2,000, cases of
    AIDS during the most recent period of five calendar years for which
    the data is available.

-   Authorizes a 3.7% increase (based on FY 2007) in authorization
    levels for each of fiscal years 2008 through 2011. Specifically, the
    bill authorizes the following amounts:

    -   \$604 million for FY 2007;

    -   \$626 million for FY 2008;

    -   \$649 million for FY 2009;

    -   \$673 million for FY 2010; and

    -   \$698 million for FY2011.

*Title II*

-   Makes changes to Part B funds, which are formula grants to states
    and territories for home and community-based health care and support
    services. Specifically, the bill requires the same 75/25 ratio as
    that required for Part A. Specifically, at least 75% of funds must
    be used on core medical services (defined in the bill). The
    remaining 25% may be used for support services, and not more than
    10% may be spent on administrative costs (applied before the 75/25
    requirement).

-   Directs HHS to develop and maintain a list of classes of core
    antiretroviral therapeutics, relating to drugs needed to manage
    symptoms associated with HIV.

-   Revises the distribution formula for Part B grants as follows:

    -   75% is calculated for all of the HIV/AIDS cases in the states
        (down from 80%);

    -   20% is calculated based on all HIV/AIDS cases that are not
        counted for purposes of receiving Part A funds;

    -   5% is calculated for all HIV/AIDS cases for states not receiving
        any Part A funds.

-   Provides for the elimination of the above 75-20-5 distribution
    formula if by January 1, 2010, HHS notifies Congress that a Severity
    of Need Index (SONI) has been established. The SONI would then be
    used to determine grant allocations for the following fiscal years.

-   Authorizes the following amounts for Part B grants:

    -   \$1.19 billion in FY 2007;

    -   \$1.23 billion in FY 2008;

    -   \$1.28 billion in FY 2009;

    -   \$1.33 billion in FY 2010; and

    -   \$1.38 billion in FY 2011.

> According to the Committee, this is an increase of \$70 million in
> authorized funds for FY 2007, and a 3.7% increase for each of the
> following fiscal years.

-   Establishes a grant program, to be funded through
    [existing]{.underline} CDC funds, the Early Diagnosis Grant Program,
    and directs CDC to make grants to states offering voluntary opt-out
    testing of pregnant women and universal testing of newborns. The
    bill authorizes \$150 million over the FY 2007-FY 2011 period (\$30
    million each year) for this program. \$10 million of this funding
    would be allocated to states offering voluntary opt-out testing of
    clients at substance abuse treatment centers and clients at sexually
    transmitted disease clinics. According to the Committee, "More than
    a quarter of those with HIV are unaware that they are infected and
    are not receiving care and may be unknowingly infected others. 
    Providing treatment to pregnant women and their newborns can prevent
    perinatal transmission.  This provision provides assistance to
    states to address these issues.  No new funds are authorized.  The
    bill states that the money shall come from "of the funds
    appropriated annually to the Centers for Disease Control and
    Prevention for HIV/AIDS prevention activities."

-   Lowers the authorization for partner notification programs from \$30
    million annually to \$10 million over five years.

*Title III -- Early Intervention Services (Part C)*

-   Makes changes to Part C funds, provides early intervention grants to
    public and private nonprofit entities currently providing primary
    care services to low-income and medically underserved people at risk
    for HIV. Specifically, the bill requires the same 75/25 ratio as
    that required for Parts A and B. Specifically, at least 75% of funds
    must be used on core medical services (defined in the bill). The
    remaining 25% may be used for support services, and not more than
    10% may be spent on administrative costs (applied before the 75/25
    requirement).

-   Specifies the defined list of entities eligible to received Part C
    grants, as follows: federally-qualified health centers, certain
    grantees other than states, comprehensive hemophilia diagnostic and
    treatment centers, rural health clinics, health facilities operated
    by the Indian Health Service, and nonprofit private entities that
    provide comprehensive primary care services to populations at risk
    of HIV/AIDS including faith-based and community-based organizations.

-   Authorizes the following amounts for Part C grants:

    -   \$218 million for FY 2007;

    -   \$226 million for FY 2008;

    -   \$235 million for FY 2009;

    -   \$243 million for FY 2010; and

    -   \$252 million for FY 2011.

> According to the Committee, this is an increase of \$25 million in
> authorized funds for FY 2007, and a 3.7% increase in subsequent years.

*Title IV- Women, Infants, Children, and Youth (Part D)*

-   According to CRS, Part D (Title IV of the Ryan White CARE Act)
    originally authorized several different HIV-related programs.
    However, only one (pediatric demonstration grants) was actually
    funded through the appropriations process. The 1996 Ryan White
    reauthorization the pediatric program was replaced with grants for
    services for women, infants, children, and youth and enhanced
    research in this area.

-   This bill makes a number of revisions and clarifications to Part D
    programs including an increased focus on family-centered care in
    addition to research, and limits to 10%, funds that may be used for
    administrative expenses.

*Title V -- General Provisions*

-   Directs HHS and CDC to ensure coordination of planning, funding, and
    implementation of federal HIV programs, and requires HHS to submit a
    report to Congress outlining coordination efforts.

-   Gives HHS the ability to waive Title V provisions in the case of a
    public health emergency.

*Title VI -- Demonstration and Training*

-   Of the amounts appropriated under Parts A, B, C, and D, directs HHS
    to use either \$20 million, or three percent (whichever is greater),
    to administer special projects of national significance to quickly
    respond to emerging needs of individuals receiving Ryan White
    assistance and to fund special programs to develop a standard
    electronic client information data system to improve the ability of
    grantees under this title to report client-level data to HHS.

-   Authorizes \$34.7 million for each of fiscal years 2007 through 2011
    for schools and centers training health professionals to provide
    treatment to Native American HIV/AIDS patients.

*Title VII -- Miscellaneous Provisions*

-   Directs HHS to provide information on the transmission and
    prevention of hepatitis A, B, and C, including education about the
    availability of hepatitis A and B vaccines.

**[Committee Action]{.underline}**: On September 20, 2006, the Energy
and Commerce committee marked-up a committee print version of this bill.
On September 21, 2006, H.R. 6143 was introduced in the House, and
reflects a compromise between the House and Senate versions. The Senate
is working this week to pass S. 2823, which they will take up, and amend
by inserting the House version.

**[Cost to Taxpayers]{.underline}**: CBO estimates that H.R. 6143 would
authorize the appropriation of about \$2.3 billion for fiscal year 2007,
and \$12.2 billion over the 2007‑2011 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}:** There is no committee report
citing constitutional authority available. House Rule XIII, Section
3(d)(1), requires that all committee reports contain "a statement citing
the *specific* powers granted to Congress in the Constitution to enact
the law proposed by the bill or joint resolution" *(emphasis added).*

**[RSC Staff Contact:]{.underline}** Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-0718.

H.R. 6197 -- Older Americans Act Amendments of 2006

--- *as reported* (Tiberi, R-OH)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Thursday, September 26, 2006, under a motion to suspend
the rules and pass the bill.

Note: The House passed its version of this bill, H.R. 5293, by voice
vote on June 21, 2006. Today, the House is considering, H.R. 6197, which
is the embodiment of a compromise between the House and the Senate
versions of this legislation.

**[Summary]{.underline}**: H.R. 6197 reauthorizes the Older Americans
Act (OAA) of 1965 through FY 2011, at such sums as necessary for nearly
all programs and titles. The OAA provides home- and community-based
social services to the elderly, as well as their family caregivers.
Authorization for OAA expired in 2005; however programs in the bill were
funded through FY 2006 appropriations process at \$1.78 billion. The
reauthorization makes a number of changes to current OAA law.

Highlights are as follows, by Title.

*Title II -- Administration on Aging*

-   Directs the Assistant Secretary for Aging at the Department of
    Health and Human Services (HHS) to develop objectives, priorities,
    policy, and a long-term plan for, among other things:

    -   carrying out elder justice programs and activities relating
        elder abuse prevention, detection, treatment, and intervention,
        and response;

    -   collecting and disseminating data relating to the abuse,
        neglect, and exploitation of older individuals;

    -   disseminating information concerning best practices regarding,
        and providing training on, carrying out activities related to
        abuse, neglect, and exploitation of older individuals;

    -   conducting research related to abuse, neglect, and exploitation
        of older individuals;

    -   providing technical assistance to states; and

    -   promoting collaborative efforts and diminishing duplicative
        efforts in the development and carrying out of elder justice
        programs at the federal, state, and local levels.

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-   Adds the following to the functions of the Assistant Secretary for
    Aging, defined in current law, among other things:

    -   consult and coordinate activities with the Centers for Medicare
        and Medicaid Services (CMS) to implement and build awareness of
        programs providing benefits affecting older individuals;

    -   create and support efforts of Aging and Disability Resource
        Centers, including faith-based organizations and coalitions;

    -   carry on a continuing evaluation of the programs and activities
        related to the objectives of this Act; and

    -   encourage and provide technical assistance to states to carry
        out outreach and benefits enrollment assistance to inform older
        individuals with greatest economic need of federal and state
        programs providing benefits for which the individuals are
        edible.

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-   Authorizes Aging and Disability Resource Centers to:

    -   serve as visible and trusted sources of information on the full
        range of long-term care options;

    -   provide coordinated access to the full range of programs
        offered; and

    -   develop performance standards and measures for the states to use
        to evaluate their long-term care programs

-   Establishes an Interagency Coordinating Committee on Aging, focusing
    on the coordination of agencies with respect to aging issues. The
    Committee would identify, promote, and implement best practices and
    evidence-based program and service models to assist older
    individuals in meeting their housing, health care, and other
    supportive service needs.

-   Limits to .05%, the total amount of funding available to the
    Assistant Secretary for program evaluation.

-   Adds several requirements to the state plan required under current
    law to be submitted by each state agency in order to be approved by
    HHS for the OAA formula grant. Some of these requirements include
    identifying the number of low-income minority older individuals in
    the state, including those with limited English proficiency and
    describing the methods used to satisfy the service needs of these
    minority individuals.

-   Authorizes grant recipients and local agencies on aging to enter
    into an agreement with a for-profit entity to provide services to
    individuals not otherwise receiving services under OAA. subject to
    certain requirement.

> []{.mark}
>
> *Title III -- Grants for State and Community Programs on Aging*

-   According to the Education Committee, "Title III authorizes grants
    to States to fund 655 area agencies on aging and more than 29,000
    service providers nationwide. Title III accounts for 70 percent of
    total funds appropriated for the Act (\$1.24 billion out of \$1.78
    billion for fiscal year 2006). This title also authorizes grants for
    the provision of supportive services and centers, family caregiver
    support, congregate and home-delivered nutrition services, nutrition
    services incentive grants, and disease prevention and health
    promotion services."

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-   Reauthorizes the following programs, funded through OAA, at "such
    sums as necessary." The FY 2006 appropriation for each reauthorized
    program is listed beside each one:

    -   Home and Community-Based Supportive Services: \$351 million;

    -   Congregate Nutrition Services: \$385 million;

    -   Home-Delivered Nutrition Services: \$182 million;

    -   Nutrition Services Incentive Program: \$148 million;

    -   Preventive Health Services: \$21 million;

    -   Program Administration: \$18 million; and

    -   Community Service Employment: \$432 million.

> []{.mark}

-   Updates the formula though which the federal Title III grant is
    given to states to carry out programs for older individuals.
    Specifically, the bill phases out a guaranteed growth factor in
    current law, which does not take into consideration the population
    growth or decline in a state. Thus, the formula would now take into
    consideration the actual population of older individuals living in
    each state. The bill implements a hold harmless provision, which
    provides that states will not receive less than their allotment for
    FY 2006, given the availability of appropriated funds. According to
    the Committee, "As a result \[of the formula update\], states that
    are projected to experience proportionately smaller growth in their
    population of older adults could receive proportionately smaller
    increases in funding than under current law. States projected to
    experience rapid growth in their older American population could
    receive larger increases in funding than under current law."

-   Adds several requirements to the plan required under current law to
    be submitted by each "area" agency in order to be approved by their
    respective state agency to provide these home- and community-based
    services. Some of these requirements include collaborating and
    coordinating with other local public and private agencies and
    conducting analyses with respect to strategies for modifying their
    long-term care services.

-   Amends the Nutrition Services Incentive Program provided for in
    current law, authorizing a cash-only program through which grant
    recipients may purchase through school food authorities (in the
    Richard B. Russell National School Lunch Act), agricultural
    commodities (food) for their nutrition programs.

-   Encourages voluntary contributions (optional cost sharing) for
    individuals whose self-declared income is at or above 185 percent of
    the poverty line.

-   Updates the requirements for current nutrition programs and
    encourages individuals distributing meals to provide the homebound
    citizens with information on how to receive a flu shot in their
    local area.

-   Directs HHS to work in consultation with qualified experts to
    "provide information on methods of improving indoor air quality in
    buildings where seniors congregate."

-   Directs HHS **to establish and carry out a program** to make grants
    to states for the establishment and operation of nutrition projects
    for older individuals that provide home delivered meals on five or
    more days week to those living in rural areas and also provide
    nutrition education and counseling.

-   Directs HHS to enter into a contract with the Food and Nutrition
    Board of the Institute of Medicine of the National Academy of
    Sciences, for the purpose of establishing an independent panel of
    experts that will conduct an evidence-based study of federal
    nutrition projects.

-   States several sense of Congress suggesting that taking a daily
    multi-vitamin-mineral supplement may help prevent nutrition
    deficiencies common in many older adults.

*Title IV -- Activities for Health, Independence, and Longevity*

-   Reauthorizes the family caregiver grant programs through 2011, while
    authorizing several additional uses of these funds. The new uses of
    funds include additional activities to prepare communities for the
    aging of the population, promoting quality and continuous
    improvement in family support, intergenerational programs, and the
    development of technology-based service models.

-   Directs HHS **to make grants** to institutions of higher education
    to provide education and training that prepares students for careers
    in the field of aging.

-   Expands current health care service demonstration projects in rural
    areas to include mental health services.

-   Authorizes HHS **to award grants** to nonprofit organizations to
    improve transportation services for older Americans. Grantees could
    carry out a demonstration project, or provide technical assistance
    to assist local transit providers and other entities in transporting
    older individuals.

-   Directs HHS **to award grants** and enter into contracts with
    certain organizations to carry out projects to provide opportunities
    for older individuals to participate in multigenerational activities
    and civic engagement activities designed to meet critical community
    needs and support projects that provide support for grandparents who
    are relative caregivers raising children or involve volunteers who
    are older individuals who provide support and information to
    families who have a child with a disability or chronic illness.

-   Directs HHS **to make grants** to states, on a competitive basis,
    for the development and operation of systems for the delivery of
    mental health screenings and treatment services for older
    individuals.

-   Directs HHS **to make grants**, on a competitive basis, to certain
    entities to develop and carry out model aging in place projects,
    which are to promote aging in place for older individuals.

*Title V -- Older American Community Service Employment Program*

-   According to the Education Committee, "The community service
    employment program for older Americans (also known as the Senior
    Community Service Employment Program or SCSEP) promotes part-time
    employment opportunities in community service activities for
    unemployed low-income persons who are 55 years or older and who have
    poor employment prospects. Administered by the Department of Labor,
    the SCSEP program represents almost one-quarter of Older Americans
    Act funds (\$432 million out of \$1.78 billion in fiscal year
    2006)."

```{=html}
<!-- -->
```
-   Significantly revises Title V of OAA, which includes community
    service employment-based training for older Americans and is
    operated out of the Department of Labor. Specifically, the bill
    requires grant recipients under this title to serve individuals with
    the most significant need and gradually phases in provisions
    requiring increased percentages of program participants to be in
    unsubsidized employment, among other changes.

[]{.mark}

*Title VI -- Native Americans*

-   Reauthorizes the Native Americans Caregiver Support program, the
    Vulnerable Elder Rights Protection Activities, and the Native
    American Program through FY 2011. The bill authorizes a 5% increase
    in total funding over five years for the Native Americans Caregiver
    Support Program.

*Title VII -- Allotments for Vulnerable Elder Rights Protection
Activities*

-   Authorizes HHS **to make grants** to states to promote and develop a
    comprehensive elder justice system, which is defined as "an
    integrated, multidisciplinary, and collaborative system for
    preventing, detecting, and addressing elder abuse, neglect, and
    exploitation."

*Title VIII -- Federal Youth Development Council*

Title VIII folds into this legislation, the Federal Youth Coordination
Act (H.R. 856), which passed by the House on November 15, 2006
([353-62](http://clerk.house.gov/evs/2005/roll588.xml)). H.R. 856 (Title
VIII of this bill) authorizes \$1 million each year for FY 2007 and FY
2008 and establishes a new, two-year Federal Youth Development Council,
which is to consist of the Attorney General, several department
secretaries, the Directors of National Drug Control Policy, Office of
Management and Budget, and several other listed government officials.
The council is to review all federal youth programs, specifically those
serving disadvantaged youth, identify areas where the programs overlap,
set objectives for the programs, make recommendations regarding the
integration and efficiency of these programs.

The council members are to serve for the life of the Council and
additional temporary members may be appointed by the President. The
Secretary of Health and Human Services is to be the Chairperson. The
bill provides that (subject to the availability of appropriations) the
Council may provide technical assistance to a state, at its request, to
support state-funded councils for coordinating state youth efforts.
Priority for grants is to be given to States that have already initiated
an interagency coordination effort focused on youth, plan to work with
at least one locality to support a local youth council for coordinating
local youth efforts, demonstrate the inclusion of nonprofit
organizations, and demonstrate the inclusion of young people, especially
those in disadvantaged situations, in the work of the State council. The
council is to report annually to Congress and the President a
compilation of recent research and statistical reporting by various
Federal agencies on the overall well-being of youth, recommendations on
how to better integrate and coordinate policies across agencies at the
Federal, State, and local levels. Finally, the council is terminated 60
days after submitting its fifth and final report.

**Conservative Concerns:** On December 23, 2002, the President
established the White House Task Force for Disadvantaged Youth, which
was tasked with identifying and reviewing the 339 federal youth
programs. The task force issued its final report in October 2003, which
included extensive recommendations regarding the coordination,
consolidation, and effective integration of the 339 federal youth
programs. H.R. 856 establishes a new commission to review these same
federal youth programs, which have just been reviewed by a Presidential
Task Force. **Instead of using existing administrative funds from the
339 programs, this bill adds another layer of bureaucracy and funding on
top of the existing bureaucracy, under the auspices of studying them.
Conservatives may be concerned that this commission is duplicative of
the White House efforts at a cost to taxpayers of \$2 million.**

To view the White House Task Force's Reports, please visit,

http://www.ncfy.com/whreport.htm.

To view the White House Task Force's recommendations, please visit,

http://www.ncfy.com/disadvantaged/FinalReport.pdf. One of these
recommendations includes, Reduce/eliminate overlap and duplication of
services.

**[Committee Action]{.underline}**: H.R. 6197 was introduced on
September 27, 2006. However, as previously noted, the House passed its
version of this bill, H.R. 5293, by voice vote on June 21, 2006. H.R.
6197 represents a compromise between the House and the Senate versions
of this legislation.

**[Cost to Taxpayers]{.underline}**: There is no update CBO score for
H.R. 6197. However, a previous estimate for H.R. 5293 stated that the
bill would authorize \$1.78 billion in FY07, and \$9.23 billion over the
FY07 to FY11 period. This does not reflect any possible authorizations
generated from Title VIII, which authorizes \$2 million over two years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes. The bill expands current federal
programs provided to senior citizens.

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

**[Constitutional Authority]{.underline}**: Committee Report 109-493
(the report for H.R. 5293) cites constitutional authority in Article I,
Section 8, Clause 18 (necessary and proper). 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).* The necessary and proper clause is not considered a
specific power, as the Constitution requires citation of a "foregoing
power" for use of a necessary and proper action.

**[RSC Staff Contact]{.underline}**: Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-0718.

H.R. 5681---Coast Guard Authorization Act for FY2007

---*as amended* (Young, R-AK)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Thursday, September 28^th^, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 5681, as amended (since being reported
from committee) would authorize FY2007 appropriations, provide for
marine safety, and make other adjustments to Coast Guard policy and
management. Highlights are below.

***Authorization of Appropriations***

[]{.mark}

Coast Guard Authorizations

*(Millions of Dollars)*

  -------------------- ------------------------ -------------------------
  **Account**          **FY2006 Conf. Rpt.**    **FY2007 Proposal**

  Operations &         5,633.9                  5,680.0
  Maintenance                                   

  Acquisition &        1,903.8                  2,095.9
  Construction                                  

  Research &           24.0                     24.0
  Development                                   

  Retired Pay          1,014.1\*                1,063.3\*

  Bridge Alteration    37.4                     17.0

  Environmental        12.0                     12.0
  Compliance                                    

  Coast Guard Reserve  119.0                    124.0

  **TOTAL**            **8,744.2**              **9,016.2**
  -------------------- ------------------------ -------------------------

> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}

[]{.mark}

\*Not subject to appropriation (assumed in baseline)

[]{.mark}

-   Authorizes the hiring of 45,500 (same as last year) active-duty
    Coast Guard personnel for the end of FY2007. At the end of FY2003,
    approximately 37,000 active-duty personnel were serving in the Coast
    Guard.

-   Authorizes average military training student loads as follows:

> \--recruit and special training: 2,500 student years
>
> \--flight training: 125 student years
>
> \--professional training in military and civilian institutions: 350
> student years
>
> \--officer acquisition: 1,200 student years

[]{.mark}

***Coast Guard Management***

-   Authorizes the reimbursement of travel-related expenses to Coast
    Guard personnel who are stationed on an island in the continental
    United States, when a family member is referred to a specialty care
    provider off-island that is less than 100 miles from the primary
    care provider.

-   Makes permanent the temporary increase in the Coast Guard's
    allowable number of officers from 6,200 to 6,700, that was
    authorized for 2004--2006.

-   Authorizes the Coast Guard to make grants to, or enter into
    cooperative agreements, contracts, or other agreements with,
    international maritime organizations for the purpose of acquiring
    information or data about merchant vessel inspections, security,
    safety, classification, and port state or flag state law enforcement
    or oversight.

-   Provides that any Coast Guard personnel who work in support of a
    declaration of a major disaster or emergency by the President would
    retain up to a total of 90 days of accrued leave (currently, the
    maximum is 60 days).

-   Authorizes members of the Coast Guard to carry a firearm and (while
    at a facility under the control of the federal government) make an
    arrest without warrant for any offense against the United States and
    seize property as otherwise provided by law.

-   Directs the Coast Guard to enforce regulations ensuring the maritime
    safety of nuclear power facilities located adjacent to navigable
    U.S. waters not specifically delegated by law to some other
    executive department, and authorizes the Coast Guard to enter into
    an agreement with the Nuclear Regulatory Commission to enhance the
    safety of navigable waters adjacent to a nuclear power plant.

***Shipping and Navigation***

-   Clarifies that non-federal sales taxes on goods and services may be
    levied upon or collected from vessels when the vessel is operating
    on any navigable U.S. water.

-   Extends the Coast Guard's authority to establish anchorage grounds
    for vessels from three nautical miles to twelve nautical miles and
    increases the civil penalty fines imposed for a violation of rules
    concerning the anchorage grounds, from \$100 to up to \$10,000, with
    each day of a continuing violation constituting a separate
    violation. \[The Transportation and Infrastructure Committee notes
    that the amount of this penalty was last adjusted in 1915.\]

-   Establishes a \$10,000 civil penalty for simple possession of a
    controlled substance on a vessel or at a facility subject to U.S.
    jurisdiction.

-   Prohibits certain facilities from levying fees on seamen and pilots
    (local guides who ride on ships entering local shipping channels
    under federal law) who depart or board vessels through them. \[The
    Transportation and Infrastructure Committee notes that this
    provision is designed to prevent facilities from charging seamen
    fees as a way to discourage their disembarking so that the facility
    would not have to provide an escort while the seaman traverses the
    property---as is required under regulations implementing the
    Maritime Transportation Security Act of 2002.\]

***Miscellaneous***

[]{.mark}

-   Authorizes \$3 million for the Coast Guard to improve boarding team
    communications via a "cryptographic mesh overlay protocol." \[The
    Transportation and Infrastructure Committee asserts that, "Such
    improvements are needed to address communications failures and
    challenges caused when current equipment does not work effectively
    within the hull of a vessel during boarding operations."\]

-   Authorizes \$7 million in each of fiscal years 2007 and 2008 for the
    National Oceanic and Atmospheric Administration to acquire, through
    the use of unmanned aerial vehicles, data to improve the management
    of natural disasters and the safety of marine and aviation
    transportation.

[]{.mark}

-   Authorizes \$11.5 million over five years for the Great Lakes
    Maritime Research Institute to conduct a variety of studies related
    to the Great Lakes region.

-   Directs the Superintendent of the Coast Guard Academy to prescribe
    (by June 1, 2007) a policy on sexual harassment and violence
    applicable to Academy personnel. The policy would have to include
    programs to promote awareness of the incidence of rape, acquaintance
    rape, and other sexual offenses of a criminal nature that involve
    Academy personnel; procedures a cadet should follow when sexual
    harassment occurs; procedures for disciplinary action, and training
    for personnel who process charges of harassment. The Superintendent
    would have to conduct an annual assessment of the sexual harassment
    policy (including surveying Academy personnel) and report the
    findings to the Coast Guard Commandant.

-   Requires the Coast Guard to conduct a demonstration project on the
    best practices of the use of smokestack scrubbers on cruise ships
    that operate in the Alaska cruise trade---and reports the findings
    to Congress.

-   Limits the penalty in class action suits for failure to pay seamen
    on large passenger vessels to ten times the amount of the incorrect
    payment. The penalty under current law for all seamen is two days'
    wages for every day the payment goes uncorrected.

-   Attaches the text of H.R. 5811, as reported from the Transportation
    and Infrastructure Committee. H.R. 5811 would implement the Protocol
    of 1997 to the International Convention for the Prevention of
    Pollution from Ships, 1973 (MARPOL), and give the Coast Guard the
    authority to develop (along with the EPA) and enforce regulations on
    air pollution from ships.

[]{.mark}

**[Additional Background]{.underline}**: The Transportation and
Infrastructure Committee provided the following background on the Coast
Guard:

> The United States Coast Guard was established on January 28, 1915,
> through the consolidation of the Revenue Cutter Service (established
> in 1790) and the Lifesaving Service (established in 1848). The Coast
> Guard later assumed the duties of three other agencies: the Lighthouse
> Service (established in 1789), the Steamboat Inspection Service
> (established in 1838), and the Bureau of Navigation (established in
> 1884).
>
> Under section 2 of title 14, United States Code, the Coast Guard has
> primary responsibility to enforce or assist in the enforcement of all
> applicable Federal laws on, under, and over the high seas and waters
> subject to the jurisdiction of the United States; to ensure safety to
> life and property at sea; to protect the marine environment; to carry
> out domestic and international icebreaking activities; and to ensure
> the safety and security of vessels, ports, waterways, and related
> facilities.
>
> As the fifth armed force of the United States, the Coast Guard also
> maintain defense readiness to operate as a specialized service in the
> Navy upon the declaration of war on when the President directs. The
> Coast Guard is composed of approximately 40,000 active duty military
> personnel, 8,100 reservists, 6,100 civilian employees, and 37,000
> volunteers of the Coast Guard Auxiliary. The Coast Guard has defended
> the Nation in every war since 1790.

**[Committee Action]{.underline}**: On June 26, 2006, the bill was
referred to the Transportation and Infrastructure Committee, which, two
days later, marked up and by voice vote ordered the bill reported to the
full House.

**[Cost to Taxpayers]{.underline}**: CBO reports that H.R. 5681 would
authorize \$7.939 billion in FY2007. The \$1.063 billion for retired pay
(see table above) is considered to be an entitlement assumed in the
baseline and thus is not subject to appropriation (and does not score).
CBO estimates that H.R. 5811, as attached to this legislation, would
authorize \$2 million over three years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: The bill would create at least two new
programs.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: Yes, H.R. 5681 contains both an
intergovernmental mandate and a private-sector mandate in its imposition
of requirements and prohibitions on owners and operators of certain port
terminals (regarding disembarking fees---see Summary section above).

**[Constitutional Authority]{.underline}**: The Transportation and
Infrastructure Committee, in House Report 109-614, cites constitutional
authority in Article I, Section 8, 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}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

S. 2464---Fort McDowell Indian Community Water Rights Settlement
Revision Act---*as received* (Sen. McCain, R-AZ)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Thursday, September 28^th^, under a motion to suspend the
rules and pass the bill. The Senate passed the bill by unanimous consent
on September 13, 2006.

**[Summary]{.underline}**: S. 2464 would cancel the obligation of the
Fort McDowell Yavapai Nation to repay the loan, under the Fort McDowell
Indian Community Water Rights Settlement Act of 1990, for the
construction of water conveyance and delivery facilities on the Fort
McDowell Indian Reservation. Specifically, the Yavapai Nation received a
\$13 million loan to be repaid over a term of 50 years without interest.
As part of this debt forgiveness, the Secretary of the Interior would be
relieved of environmental mitigation responsibilities under current law
(thereby saving some money).

[Note]{.underline}: the Senate Committee on Indian Affairs asserts that
a new irrigation agreement is expected to be negotiated in the future,
but because of certain complications, the original agreement is best
terminated.

**[Committee Action]{.underline}**: On September 14, 2006, the
Senate-passed bill was referred to the House Resources Committee, which
took no official action on it.

**[Cost to Taxpayers]{.underline}**: CBO estimates that S. 2464's
forgiving of the loan would increase mandatory spending by about \$4
million in FY2006, assuming enactment by the end of this fiscal year (if
not, then the spending would apply in FY2007).

The House Budget Committee, which is not objecting to this bill,
provided the following analysis:

> By forgiving a loan obligation to the United States, this bill
> triggers a specialized scorekeeping that requires the loss of receipts
> caused by the bill to be estimated as occurring in the first year in
> which the bill is effective. This brings such "net present value" of
> the lost receipts for the remaining time on the loan amounts to \$4
> million. The House Committee on Resources has \$6 million remaining in
> its allocation over five years, though it has none in fiscal year
> 2007.

**[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}**: Senate committee reports are
not required to cite constitutional authority, and the House Resources
Committee did not report the legislation.

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

H.R. 4545 --- To amend the Reclamation Wastewater and Groundwater Study
and Facilities Act to authorize the Secretary of the Interior to
participate in the Los Angeles County Water Supply Augmentation
Demonstration Project, and for other purposes --- *as amended* (*Linda*
*Sanchez, D-CA*)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Thursday, September 28, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}:** H.R. 4545 would amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to authorize the
Interior Secretary to participate in a water augmentation demonstration
project in cooperation with the Los Angeles and San Gabriel Rivers
Watershed Council. The project's aim would be to:

1)  demonstrate the potential for infiltration of stormwater runoff to
    recharge groundwater by retrofitting sites in the Los Angeles area
    with features designed to reflect state-of-the-art best management
    practices for water conservation, pollution reduction and treatment,
    and habitat restoration; and

2)  assess the potential new water supply yield based on increased
    infiltration and the value of the new water.

The bill provides that the federal share of the project costs must not
exceed 25 percent of the total cost of the project. The bill also
includes a sunset provision, terminating authority of the Act ten years
after the date of enactment.

**[Possible Conservative Concerns]{.underline}:** This legislation
creates a new demonstration project, and does not have a CBO score to
determine the likely cost to the taxpayers.

**[Committee Action]{.underline}:** H.R. 4545 was introduced on December
14, 2005, and referred to the Committee on Resources' Subcommittee on
Water and Power. Hearings were held on March 8, 2006, and no subsequent
action was taken.

**[Cost to Taxpayers]{.underline}:** ***A CBO score of H.R. 4545 is
unavailable, so it is unclear what would be the likely cost 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}:** 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. 5681---Coast Guard Authorization Act for FY2007

---*as amended* (Young, R-AK)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Thursday, September 28^th^, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 5681, as amended (since being reported
from committee) would authorize FY2007 appropriations, provide for
marine safety, and make other adjustments to Coast Guard policy and
management. Highlights are below.

***Authorization of Appropriations***

[]{.mark}

Coast Guard Authorizations

*(Millions of Dollars)*

  -------------------- ------------------------ -------------------------
  **Account**          **FY2006 Conf. Rpt.**    **FY2007 Proposal**

  Operations &         5,633.9                  5,680.0
  Maintenance                                   

  Acquisition &        1,903.8                  2,095.9
  Construction                                  

  Research &           24.0                     24.0
  Development                                   

  Retired Pay          1,014.1\*                1,063.3\*

  Bridge Alteration    37.4                     17.0

  Environmental        12.0                     12.0
  Compliance                                    

  Coast Guard Reserve  119.0                    124.0

  **TOTAL**            **8,744.2**              **9,016.2**
  -------------------- ------------------------ -------------------------

> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}
>
> []{.mark}

[]{.mark}

\*Not subject to appropriation (assumed in baseline)

[]{.mark}

-   Authorizes the hiring of 45,500 (same as last year) active-duty
    Coast Guard personnel for the end of FY2007. At the end of FY2003,
    approximately 37,000 active-duty personnel were serving in the Coast
    Guard.

-   Authorizes average military training student loads as follows:

> \--recruit and special training: 2,500 student years
>
> \--flight training: 125 student years
>
> \--professional training in military and civilian institutions: 350
> student years
>
> \--officer acquisition: 1,200 student years

[]{.mark}

***Coast Guard Management***

-   Authorizes the reimbursement of travel-related expenses to Coast
    Guard personnel who are stationed on an island in the continental
    United States, when a family member is referred to a specialty care
    provider off-island that is less than 100 miles from the primary
    care provider.

-   Makes permanent the temporary increase in the Coast Guard's
    allowable number of officers from 6,200 to 6,700, that was
    authorized for 2004--2006.

-   Authorizes the Coast Guard to make grants to, or enter into
    cooperative agreements, contracts, or other agreements with,
    international maritime organizations for the purpose of acquiring
    information or data about merchant vessel inspections, security,
    safety, classification, and port state or flag state law enforcement
    or oversight.

-   Provides that any Coast Guard personnel who work in support of a
    declaration of a major disaster or emergency by the President would
    retain up to a total of 90 days of accrued leave (currently, the
    maximum is 60 days).

-   Authorizes members of the Coast Guard to carry a firearm and (while
    at a facility under the control of the federal government) make an
    arrest without warrant for any offense against the United States and
    seize property as otherwise provided by law.

-   Directs the Coast Guard to enforce regulations ensuring the maritime
    safety of nuclear power facilities located adjacent to navigable
    U.S. waters not specifically delegated by law to some other
    executive department, and authorizes the Coast Guard to enter into
    an agreement with the Nuclear Regulatory Commission to enhance the
    safety of navigable waters adjacent to a nuclear power plant.

***Shipping and Navigation***

-   Clarifies that non-federal sales taxes on goods and services may be
    levied upon or collected from vessels when the vessel is operating
    on any navigable U.S. water.

-   Extends the Coast Guard's authority to establish anchorage grounds
    for vessels from three nautical miles to twelve nautical miles and
    increases the civil penalty fines imposed for a violation of rules
    concerning the anchorage grounds, from \$100 to up to \$10,000, with
    each day of a continuing violation constituting a separate
    violation. \[The Transportation and Infrastructure Committee notes
    that the amount of this penalty was last adjusted in 1915.\]

-   Establishes a \$10,000 civil penalty for simple possession of a
    controlled substance on a vessel or at a facility subject to U.S.
    jurisdiction.

-   Prohibits certain facilities from levying fees on seamen and pilots
    (local guides who ride on ships entering local shipping channels
    under federal law) who depart or board vessels through them. \[The
    Transportation and Infrastructure Committee notes that this
    provision is designed to prevent facilities from charging seamen
    fees as a way to discourage their disembarking so that the facility
    would not have to provide an escort while the seaman traverses the
    property---as is required under regulations implementing the
    Maritime Transportation Security Act of 2002.\]

***Miscellaneous***

[]{.mark}

-   Authorizes \$3 million for the Coast Guard to improve boarding team
    communications via a "cryptographic mesh overlay protocol." \[The
    Transportation and Infrastructure Committee asserts that, "Such
    improvements are needed to address communications failures and
    challenges caused when current equipment does not work effectively
    within the hull of a vessel during boarding operations."\]

-   Authorizes \$7 million in each of fiscal years 2007 and 2008 for the
    National Oceanic and Atmospheric Administration to acquire, through
    the use of unmanned aerial vehicles, data to improve the management
    of natural disasters and the safety of marine and aviation
    transportation.

[]{.mark}

-   Authorizes \$11.5 million over five years for the Great Lakes
    Maritime Research Institute to conduct a variety of studies related
    to the Great Lakes region.

-   Directs the Superintendent of the Coast Guard Academy to prescribe
    (by June 1, 2007) a policy on sexual harassment and violence
    applicable to Academy personnel. The policy would have to include
    programs to promote awareness of the incidence of rape, acquaintance
    rape, and other sexual offenses of a criminal nature that involve
    Academy personnel; procedures a cadet should follow when sexual
    harassment occurs; procedures for disciplinary action, and training
    for personnel who process charges of harassment. The Superintendent
    would have to conduct an annual assessment of the sexual harassment
    policy (including surveying Academy personnel) and report the
    findings to the Coast Guard Commandant.

-   Requires the Coast Guard to conduct a demonstration project on the
    best practices of the use of smokestack scrubbers on cruise ships
    that operate in the Alaska cruise trade---and reports the findings
    to Congress.

-   Limits the penalty in class action suits for failure to pay seamen
    on large passenger vessels to ten times the amount of the incorrect
    payment. The penalty under current law for all seamen is two days'
    wages for every day the payment goes uncorrected.

-   Attaches the text of H.R. 5811, as reported from the Transportation
    and Infrastructure Committee. H.R. 5811 would implement the Protocol
    of 1997 to the International Convention for the Prevention of
    Pollution from Ships, 1973 (MARPOL), and give the Coast Guard the
    authority to develop (along with the EPA) and enforce regulations on
    air pollution from ships.

[]{.mark}

**[Additional Background]{.underline}**: The Transportation and
Infrastructure Committee provided the following background on the Coast
Guard:

> The United States Coast Guard was established on January 28, 1915,
> through the consolidation of the Revenue Cutter Service (established
> in 1790) and the Lifesaving Service (established in 1848). The Coast
> Guard later assumed the duties of three other agencies: the Lighthouse
> Service (established in 1789), the Steamboat Inspection Service
> (established in 1838), and the Bureau of Navigation (established in
> 1884).
>
> Under section 2 of title 14, United States Code, the Coast Guard has
> primary responsibility to enforce or assist in the enforcement of all
> applicable Federal laws on, under, and over the high seas and waters
> subject to the jurisdiction of the United States; to ensure safety to
> life and property at sea; to protect the marine environment; to carry
> out domestic and international icebreaking activities; and to ensure
> the safety and security of vessels, ports, waterways, and related
> facilities.
>
> As the fifth armed force of the United States, the Coast Guard also
> maintain defense readiness to operate as a specialized service in the
> Navy upon the declaration of war on when the President directs. The
> Coast Guard is composed of approximately 40,000 active duty military
> personnel, 8,100 reservists, 6,100 civilian employees, and 37,000
> volunteers of the Coast Guard Auxiliary. The Coast Guard has defended
> the Nation in every war since 1790.

**[Committee Action]{.underline}**: On June 26, 2006, the bill was
referred to the Transportation and Infrastructure Committee, which, two
days later, marked up and by voice vote ordered the bill reported to the
full House.

**[Cost to Taxpayers]{.underline}**: CBO reports that H.R. 5681 would
authorize \$7.939 billion in FY2007 The \$1.063 billion for retired pay
(see table above) is considered to be an entitlement assumed in the
baseline and thus is not subject to appropriation (and does not score).
CBO estimates that H.R. 5811, as attached to this legislation, would
authorize \$2 million over three years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: The bill would create at least two new
programs.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: Yes, H.R. 5681 contains both an
intergovernmental mandate and a private-sector mandate in its imposition
of requirements and prohibitions on owners and operators of certain port
terminals (regarding disembarking fees---see Summary section above).

**[Constitutional Authority]{.underline}**: The Transportation and
Infrastructure Committee, in House Report 109-614, cites constitutional
authority in Article I, Section 8, 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}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

H.R. 6151 --- Hamilton H. Judson Post Office Building Designation Act

--- *as introduced* (Kline, R-MN)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Thursday, September 28^th^, 2006, under a motion to
suspend the rules and pass the bill.

**[Summary]{.underline}**: H.R. 6151 would designate the U.S. Postal
Service facility located at 216 Oak Street in Farmington, Minnesota, as
the "Hamilton H. Judson Post Office Building."

**[Additional Information]{.underline}**: Hamilton Judson was appointed
Farmington, Minnesota's postmaster in August of 1884. Judson was one of
the designers of the free delivery of mail to rural citizens (a.k.a.
RFD, or rural free delivery). According to the sponsor's office, because
of Judson's hard work, Farmington became the second city to deliver mail
to rural recipients. Judson served more than 29 years as postmaster,
retiring in 1914.

**[Committee Action]{.underline}**: H.R. 6151 was introduced on
September 21^st^, 2006, and referred to the Committee on Government
Reform, which took no official action.

**[Cost to Taxpayers]{.underline}**: The only costs associated with a
postal facility renaming are those for sign and map changes, none of
which significantly affect the federal budget.

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

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

**[Constitutional Authority]{.underline}**: Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 grants Congress the authority to establish Post Offices and
post roads; and Article I, Section 8, Clause 18, the necessary and
proper clause, grants Congress the power to make all laws which are
necessary and proper for executing the enumerated powers in Article I,
Section 8.

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

[]{.mark}

H.R. 5736 --- Vincent J. Whibbs Post Office Building Designation Act

--- *as introduced* (Miller, R-FL)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Thursday, September 28^th^, 2006, under a motion to
suspend the rules and pass the bill.

**[Summary]{.underline}**: H.R. 5736 would designate the U.S. Postal
Service facility located at 101 Palafox Place in Pensacola, Florida, as
the "Vincent J. Whibbs, Sr. Post Office Building."

**[Additional Information]{.underline}**: [Vincent
Whibbs](http://www.thefloridacatholic.org/articles/2006/060609/060609-pt-vincewhibbs.htm)
was the longest-serving mayor in the history of Pensacola, holding the
post from 1977 to 1991. Whibbs served in World War II as a fighter pilot
in the U.S. Army Air Corps, rising to the rank of Captain by 1946. He
died May 30^th^, 2006 at the age of 86. Whibbs is survived by his wife,
brother, 7 children, 26 grandchildren and 22 great-grandchildren. He was
known as a tireless advocate for Pensacola, as a devoutly religious man,
and as having a universally likeable personality.

**[Committee Action]{.underline}**: H.R. 5736 was introduced on June
29^th^, 2006, and referred to the Committee on Government Reform, which
took no official action.

**[Cost to Taxpayers]{.underline}**: The only costs associated with a
postal facility renaming are those for sign and map changes, none of
which significantly affect the federal budget.

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

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

**[Constitutional Authority]{.underline}**: Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 grants Congress the authority to establish Post Offices and
post roads; and Article I, Section 8, Clause 18, the necessary and
proper clause, grants Congress the power to make all laws which are
necessary and proper for executing the enumerated powers in Article I,
Section 8.

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

[]{.mark}

S. 3757 --- Katherine Dunham Post Office Building Designation Act

--- *as introduced* *(Sen. Obama, D-IL)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Thursday, September 28^th^, 2006, under a motion to
suspend the rules and pass the bill.

**[Summary]{.underline}**: S. 3757 would designate the U.S. Postal
Service facility located at 950 Missouri Avenue in East St. Louis,
Illinois, as the "Katherine Dunham Post Office Building."

**[Additional Information]{.underline}**: According to the House
Committee on Government Reform, Katherine Dunham entered the University
of Chicago as one of the first African Americans to attend the school.
On a Rosenwald Fellowship, she completed work on Caribbean and Brazilian
dance anthropology. In 1951, Dunham premiered "Southland," an hour-long
ballet about lynching.

Dunham appeared in several Hollywood films, including "Casbah," and
"Boote e Riposte." She also produced the choreography for "Pardon My
Sarong."

Dunham was awarded the French Legion of Honor, Southern Cross of Brazil,
Grand Cross of Haiti, NAACP Lifetime Achievement Award, and Urban
League\'s Lifetime Achievement Award.

**According to the Corporation for Public Broadcasting,
[Dunham](http://www.pbs.org/wnet/freetodance/biographies/dunham.html) is
a voodoo priestess.**

**Dunham was a political activist, making public condemnations and
filing lawsuits, including a discrimination lawsuit against a São Paulo,
Brazil hotel. In 1992, at the age of 82, Dunham began a 47-day fast to
protest U.S. deportations of Haitian boat-refugees fleeing to the U.S.
after Haiti's military overthrew President Jean-Bertrand Aristide.**

**[Committee Action]{.underline}**: S. 3757 was received from the Senate
last night, September 27, 2006, and has come straight to the floor with
no review by House committees.

**[Cost to Taxpayers]{.underline}**: The only costs associated with a
postal facility renaming are those for sign and map changes, none of
which significantly affect the federal budget.

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

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

**[Constitutional Authority]{.underline}**: Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 grants Congress the authority to establish Post Offices and
post roads; and Article I, Section 8, Clause 18, the necessary and
proper clause, grants Congress the power to make all laws which are
necessary and proper for executing the enumerated powers in Article I,
Section 8.

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

H.R. 1472 --- Tito Puente Post Office Building Designation Act

--- *as introduced* *(Rangel, D-NY)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Thursday, September 28, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 1472 would designate the U.S. Postal
Service facility located at 167 East 124th Street in New York, New York,
as the "Tito Puente Post Office Building."

**[Additional Information]{.underline}**: [Tito
Puente](http://www.delafont.com/music_acts/Tito-Puente.htm) is a four
time Grammy Award Winner; featured motion picture performer, and has 2
honorary doctorates in arts and sciences. He has a star in the Hollywood
Walk of Fame, right in front of the Chinese Theater.
[Puente](http://www.gale.com/free_resources/chh/bio/puente_t.htm) is
known as "El Rey," or, "The King of Mambo." He has recorded with
musician Carlos Santana, and has appeared on numerous television shows
including The Simpsons and The Cosby Show.

**[Committee Action]{.underline}**: H.1472 introduced on April 5, 2005,
and referred to the Committee on Government Reform. The bill was
marked-up and was ordered reported to the House by unanimous consent on
September 21, 2006.

**[Cost to Taxpayers]{.underline}**: The only costs associated with a
postal facility renaming are those for sign and map changes, none of
which significantly affect the federal budget.

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

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

**[Constitutional Authority]{.underline}**: Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7, grants Congress the authority to establish Post Offices and
post roads; and Article I, Section 8, Clause 18, the necessary and
proper clause, grants Congress the power to make all laws which are
necessary and proper for executing the enumerated powers in Article I,
Section 8.

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