Legislative Bulletin………………………………….………November 13, 2007

 

Contents:

      H.J.Res. ___ —Native American Heritage Day Act of 2007

      H.R. 4153—Technical Amendments to the College Cost Reduction and Access Act of 2007

              H.R. 4154—HBCU Capital Financing Improvement Act of 2007  

 

H.J.Res. ___ — Native American Heritage Day Act of 2007 (Baca, D-CA) 

Order of Business:  The bill is scheduled to be considered on Tuesday, November 13, 2007 under a motion to suspend the rules and pass the bill. 

Summary:   H.J.Res. ___ would encourage the implementation of a Native American Heritage Day.  Specifically, the resolution would encourage educational institutions to develop educational material, in consultation with Native American government leaders, which recognizes a Native American Heritage Day.  The resolution would also support activities on Native American Heritage Day that emphasize the historical and constitutional status of Native American tribal governments, the cultures, traditions, and languages of Native Americans, and the rich Native American cultural legacy that all Americans enjoy today. 

The bill also lists the following findings:  

• “Native Americans are the descendants of the aboriginal, indigenous, native people who were the original inhabitants of and who governed the lands that now constitute the United States;
  
• “Native Americans have volunteered to serve in the United States Armed Forces and have served with valor in all of the Nation’s military actions from the Revolutionary War through the present day, and in most of those actions, more Native Americans per capita served in the Armed Forces than any other group of Americans;
  
• “Native American tribal governments developed the fundamental principles of freedom of speech and separation of governmental powers that were a model for those that form the foundation of the United States Constitution;
  
• “the Founding Fathers based the provisions of the Constitution on the unique system of democracy of the Six Nations of the Iroquois Confederacy, which divided powers among the branches of government and provided for a system of checks and balances;
  
• “Native Americans have made distinct and significant contributions to the United States and the rest of the world in many fields, including agriculture, medicine, music, language, and art, and Native Americans have distinguished themselves as inventors, entrepreneurs, spiritual leaders, and scholars;
  
• “Native Americans should be recognized for their contributions to the United States as local and national leaders, artists, athletes, and scholars;
  
• “nationwide recognition of the contributions that Native Americans have made to the fabric of American society will afford an opportunity for all Americans to demonstrate their respect and admiration of Native Americans for their important contributions to the political, cultural, and economic life of the United States;
  
• “nationwide recognition of the contributions that Native Americans have made to the Nation will encourage self-esteem, pride, and self-awareness in Native Americans of all ages;
  
• “designation of the Friday following Thanksgiving of each year as Native American Heritage Day will underscore the government-to-government relationship between the United States and Native American governments;
  
• “designation of Native American Heritage Day will encourage public elementary and secondary schools in the United States to enhance understanding of Native Americans by providing curricula and classroom instruction focusing on the achievements and contributions of Native Americans to the Nation; and
  
• “the Friday immediately succeeding Thanksgiving Day of each year would be an appropriate day to designate as Native American Heritage Day.”

 

Committee Action:  H.J.Res. ___ is expected to be introduced today.  

Cost to Taxpayers:  A CBO score for H.J.Res. ___ is not available.  However, the resolution does not authorize any expenditures. 

Does the Bill Expand the Size and Scope of the Federal Government?:  No. 

Does the Bill Contain Any New State-Government, Local-Government, or Private-Sector Mandates?:  No. 

Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax Benefits/Limited Tariff Benefits?:  An earmarks/revenue benefits statement required under House Rule XXI, Clause 9(a) was not available at press time. 

Constitutional Authority:  A committee report citing constitutional authority was not available at press time.  

RSC Staff Contact:  Andy Koenig; andy.koenig@mail.house.gov; 202-226-9717. 

 

H.R. 4153—Technical Amendments to the College Cost Reduction and Access Act of 2007 (Miller, D-CA) 

Order of Business:  The bill is scheduled to be considered on Tuesday, November 13, 2007 under a motion to suspend the rules and pass the bill. 

Summary:   H.R. 4153 would make a series of technical corrections to the College Cost Reduction and Access Act of 2007.  The bill would amend the Act to allow Pell Grant funds remaining after a fiscal year be made available the following fiscal year.   

The bill also defines “untaxed income” and stipulates that it does not include:

• The amount of a child tax credit;
  
• Welfare benefits;
  
• The amount of an earned income tax credit;
  
• The amount of credit for special fuels claimed for federal tax purposes;
  
• Foreign income; and
  
• Untaxed social security benefits.

 

The bill defines an “independent student” as a student who is an orphan, in foster care, or is a ward of the state at any time when the individual was over the age of 13. 

The bill also alters stipulates that a married borrower who files separate taxes shall have their income calculated solely on the basis of the borrower’s individual loan debt and adjusted gross income.  

Finally, the bill grants a deferral of federal student loans for active duty service members and changes the word “sound” to “responsible” for the purpose of granting Teach Grants.  

Committee Action:  This bill is expected to be introduced today.  

Cost to Taxpayers:  A CBO score for this bill was not available at press time.   

Does the Bill Expand the Size and Scope of the Federal Government?:  No. 

Does the Bill Contain Any New State-Government, Local-Government, or Private-Sector Mandates?:  No. 

Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax Benefits/Limited Tariff Benefits?:  An earmarks/revenue benefits statement required under House Rule XXI, Clause 9(a) was not available at press time. 

Constitutional Authority:  A committee report citing constitutional authority was not available at press time.  

RSC Staff Contact:  Andy Koenig; andy.koenig@mail.house.gov; 202-226-9717. 

 

H.R. 4154—HBCU Capital Financing Improvement Act of 2007

(Miller, D-CA) 

Order of Business:  The bill is scheduled to be considered on Tuesday, November 13, 2007 under a motion to suspend the rules and pass the bill. 

Summary:   The bill would increase the limit of federal insurance bonds issued under the Historically Black College and University (HBCU) Capital Financing program.  The bill would increase the aggregate limit from $375 million to $1.1 billion, of which no more than $733 million may be used for loans to eligible institutions that are private historically Black colleges and universities (increased from $250 million) and no more than $366 million may be used for loans to eligible institutions which are historically Black public colleges and universities (up from $125 million). 

The program provides financial insurance to guarantee the full payment of principal and interest on qualified HBCU bonds.    

Additional Background:  According to the Office of Management and Budget (OMB) the Historically Black College and University Capital Financing program “provides Historically Black Colleges and Universities (HBCUs) with low-cost infrastructure loans.  The Department of Education can guarantee up to $375 million in loans and interest to HBCUs.  Five percent of all loans go into a pooled escrow account from which default payments can be made.”  This bill would drastically increase that amount. 

OMB also reports that the HBCU Capital Financing program is under performing and that results have not been demonstrated.  OMB lists the following criticism of the program: 

• “The programs purpose is clear and it addresses an existing need, but the program has major flaws;
  
• “The program has performance measures, but has not collected data or set targets yet;
  
• “This programs viability is hampered by problems with its escrow account, contractor fee structure, and loan package inflexibility.”

 

To read the complete OMB summary of the HBCU Capital Financing program, click here.  

Committee Action:  This bill is expected to be introduced today.  

Cost to Taxpayers:  A CBO score for the bill was not available at press time.   

Does the Bill Expand the Size and Scope of the Federal Government?:  No. 

Does the Bill Contain Any New State-Government, Local-Government, or Private-Sector Mandates?:  No. 

Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax Benefits/Limited Tariff Benefits?:  An earmarks/revenue benefits statement required under House Rule XXI, Clause 9(a) was not available at press time. 

Constitutional Authority:  A committee report citing constitutional authority was not available at press time.  

RSC Staff Contact:  Andy Koenig; andy.koenig@mail.house.gov; 202-226-9717.