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# Legislative Bulletin..................................................November 13, 2006

**Contents:**

> **H.R. 409** --- Sierra National Forest Land Exchange Act of 2005
>
> **H.R. 3085** --- To amend the National Trails System Act to update
> the feasibility and suitability study originally prepared for the
> Trail of Tears National Historic Trail and provide for the inclusion
> of new trail segments, land components, and campgrounds associated
> with that trail
>
> **S. 1131** --- Idaho Land Enhancement Act
>
> **S. 4001** --- New England Wilderness Act of 2006
>
> **H.R. 1129** --- Pitkin County Land Exchange Act of 2006
>
> **S. 435** --- Lower Farmington River and Salmon Brook Wild and Scenic
> River Study Act of 2005
>
> **S. 819** --- Pactola Reservoir Reallocation Authorization Act of
> 2005
>
> **H.R. 6121** --- To amend the Federal Water Pollution Control Act to
> reauthorize a program relating to the Lake Pontchartrain Basin
>
> **S. 1140** --- A bill to designate the State Route 1 Bridge in the
> State of Delaware as the "Senator William V. Roth, Jr. Bridge"
>
> **H.R. \_\_**---To authorize the extension of nondiscriminatory
> treatment (normal trade relations treatment) to the products of
> Vietnam, and to establish a procedure for imposing quotas on imports
> of subsidized textile and apparel products of Vietnam
>
> **S. 3880** --- Animal Enterprise Terrorism Act

**H.R. 409 Sierra National Forest Land Exchange Act of 2005**

--- ***as received* (Radanovich, R-CA)**

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, November 13, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 409 would authorize the Secretary of
Agriculture to exchange 160 acres of federal land for 80 acres of
private land in Mt. Diablo Meridian, California. The private land owner
must also pay the government \$50,000, and the Secretary must deposit
the money into a fund which allows the Secretary to acquire lands and
interest in lands for the National Forest System in California, without
further appropriation from Congress. The conveyance of the federal land
would be subject to valid existing rights and under such terms and
conditions as the Secretary may prescribe and the land to would be
governed as part of the National Forest Service Land. H.R. 409 deems
that the value of the non-federal land is \$200,000 and the value of the
federal land is \$250,000.

In addition, the conveyance requires that the recipient of the federal
land (the private owner who is trading his land) convey all 160 acres of
the federal land to the Sequoia Council of the Boy Scouts of America
within four months of receiving the federal land. The bill also
authorizes the granting of an easement to the owner of a hydroelectric
project on the federal portion of the land to be exchanged. Under the
bill, the hydroelectric project owner is granted the right to enter,
occupy, and use for hydroelectric power purposes the land within the
licensed boundary of his project. If the Boy Scouts Council later wants
to sell, transfer, or otherwise convey the federal land it receives, the
original private landowner is given the right of first refusal to obtain
the land, and must notify and offer to convey to the hydroelectric
project owner the same conditions offered by the federal easement.

The Senate amended H.R. 409, adding a rider that extends authorizations
for grants to encourage the use of biomass for energy. The
authorizations are extended to 2016, but the bill reduces the amount
authorized from \$50 million annually to \$35 million annually from 2007
to 2016. The House originally passed the bill on September 20, 2005, by
voice vote.

**[Committee Action]{.underline}**: H.R. 409 was received from the
Senate, as amended, on September 29, 2006.

**[Cost to Taxpayers]{.underline}**: H.R. 409 authorizes \$175 million
over the 2007-2011 period. CBO estimates that the federal land conveyed
generates no offsetting receipts and that any increase in direct
spending from the exchange would be negligible.

**[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-]{.underline}**

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

H.R. 3085 --- To amend the National Trails System Act to update the
feasibility and suitability study originally prepared for the Trail of
Tears National Historic Trail and provide for the inclusion of new trail
segments, land components, and campgrounds associated with that trail

--- *as amended* (Wamp, R-TN)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, November 13, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 3085 would direct the Secretary of the
Interior to complete the feasibility study on adding to the Trail of
Tears National Historic Trail the Benge and Bell routes; the "land
components of the designated water routes in Alabama, Arkansas,
Oklahoma, and Tennessee;" "routes from collection forts in Alabama,
Georgia, North Carolina, and Tennessee to emigration depots;" and the
campgrounds located along the previously listed routes within six months
of passage of the bill.

The Senate amended the bill by adding a rider stating that no additional
funds are authorized to carry out the study. The bill previously passed
the House on July 17, 2006, by a vote of 356-5.

**[Additional Information]{.underline}**: According to the National Park
Service's website, the Trail of Tears National Historic Trail
commemorates the negative effects of the Indian Removal Act of 1830,
which mandated relocating all Native American Indian tribes east of the
Mississippi River to lands west of the Mississippi. Currently, the
Historic Trail includes 2,200 miles of routes over nine states. (source:
<http://www.nps.gov/trte/>)

According to the sponsor's office, the Park Service has not completed
the process to make a recommendation to Congress, and the bill is
intended to direct the process to be completed. The Park Services has
stated it needs six months to complete the process.

Additionally, the sponsor's office has asserted that even if the lands
were designated a part of the National Historic Trail of Tears, the
lands would not be under federal jurisdiction. The designation would
simply allow historical markers to be placed along the routes.

**[Committee Action]{.underline}**: H.R. 3085 was received from the
Senate on September 29, 2006.

**[Cost to Taxpayers]{.underline}**: CBO estimates that the bill would
cost less than \$100,000 assuming the availability of appropriated
funds.

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

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

**[Constitutional Authority]{.underline}**: Committee Report 109-549
cites constitutional authority for this legislation in Article 4,
Section 3, and Clause 2 of the Constitution, the property clause.

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

S. 1131 --- Idaho Land Enhancement Act --- *as amended* (Sen. Craig,
R-ID)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, November 13, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 1131 directs the Secretaries of the
Interior and Agriculture to accept an offer from Idaho to convey lands
near Boise in exchange for federal lands in Idaho if the offer is made
within 180 days of enactment. The bill directs that the lands be
appraised and that the value of the exchanged lands be equalized by cash
given to the party receiving land of lesser value. Any money that the
Secretary of Agriculture receives from the exchange is to be used to
acquire land in Idaho for inclusion in the National Forest System.
Boise, Idaho is to cover the conveyance costs. The lands conveyed in the
exchange are to be exempt from the mining and public land laws and the
mineral leasing laws.

S. 1131 also directs the Secretary of the Interior to transfer to the
Secretary of Agriculture 2,110 acres of Bureau of Land Management (BLM)
in Shoshone County, Idaho. The lands conveyed to the Secretary of
Agriculture are to be administrated in accord with the laws governing
the National Forest System.

**[Additional Information]{.underline}**: S. 1131 would involve the
exchange of 7,220 acres of National Forest land and 605 acres of BLM
land for 11,815 acres of land owned by Idaho.

**[Committee Action]{.underline}**: S. 1131 was received from the Senate
on September 29, 2006 and referred to the House Committee on Resources,
which took no official action.

**[Cost to Taxpayers]{.underline}**: CBO estimates that implementing S.
1131 would have no significant impact on the federal budget.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill increases the amount of land
under federal control by 3,990 acres, and any cash equalization payment
received by the federal government would be used to acquire more acres
for the federal portfolio.

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

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

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

S. 4001 --- New England Wilderness Act of 2006

--- *as received* (Sen. Sununu, R-NH)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, November 13, 2006, under a motion to suspend
the rules and pass the bill.

*Note*: Under House Republican Conference Rules, legislation failing to
include a cost estimate may not be considered by the House on the
Suspension Calendar. This rule may be waived by a vote of the elected
Leadership. S. 4001, which fails to include a cost estimate, received
such a waiver from the elected Leadership.

**[Summary]{.underline}**: S. 4001 designates 34,500 acres of federal
land in two New Hampshire locations as components of the National
Wilderness Preservation System. The bill does not affect the
responsibility of New Hampshire with respect to wildlife and fish in the
state.

Additionally, S. 4001 designates 41,652 acres of federal land in six
Vermont locations as components of the National Wilderness Preservation
System. The bill does not affect the responsibility of Vermont with
respect to wildlife and fish in the state. The Forest Service is
directed to allow the continuance of the Appalachian National Scenic
Trail, the Long Trail, and the Catamount Trail in the Vermont lands.

S. 4001 also designates 15,857 acres of federal land in Vermont as the
Moosalamoo National Recreation Area. The acreage is to be managed as a
National Forest System unit. The bill does not affect the responsibility
of Vermont with respect to wildlife and fish in the Moosalamoo National
Recreation Area.

**[Additional Information]{.underline}**: To learn more about the
National Wilderness Preservation system, please view this site:
[www.wilderness.net](http://www.wilderness.net/).

**[Committee Action]{.underline}**: S. 4001 was received from the Senate
on September 29, 2006 and was referred to the Committees on Resources
and Agriculture, which took no official action.

**[Cost to Taxpayers]{.underline}**: A CBO score of S. 4001 is
unavailable, but Leadership has granted the bill a waiver of Conference
Rule 28 to be on the suspension calendar.

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

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

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

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

H.R. 1129 --- Pitkin County Land Exchange Act of 2006

--- *as amended* (*Udall, D-CO*)

[]{.mark}

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, November 13, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 1129 directs the Secretaries of
Agriculture and the Interior to accept an offer by Pitkin County,
Colorado to exchange roughly 53.2 acres of Pitkin County land for about
51.42 acres of federal land within one year of enactment of the bill.
The Secretary of Agriculture must have the lands to be exchanged
appraised. If the federal land is valued higher than the Pitkin County
land, the county can make a cash equalization payment to the Secretary
of Agriculture. Any cash equalization payment must be used to purchase
land in Colorado to be included in the National Forest System. The land
acquired from Pitkin County is to be added to the White River National
Forest. Once the Pitkin County land becomes a possession of the federal
government, it will be permanently withdrawn from mining and mineral
leasing laws.

The Secretary of the Interior retains a reversionary interest in 40
acres known as the Crystal River Parcel if Pitkin County does not allow
public access to the land and the land is not used for recreational,
fish and wildlife conservation, and public open space purposes.
Additionally, the federal government will retain an easement in the 5.5
acres known as the Wildwood parcel for the location, construction, and
public use of the East Aspen Trail.

The House previously passed the bill on December 6, 2006, by voice vote.

**[Committee Action]{.underline}**: H.R. 1129 was received from the
Senate on September 29, 2006.

**[Cost to Taxpayers]{.underline}**: While CBO estimates that H.R. 1129
would have no significant impact on the federal budget, CBO stated the
bill would increase federal administrative and land-management costs by
no more than \$500,000 per year, subject to appropriations. H.R. 1129
would not affect revenues.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, H.R. 1129 would increase federal
administrative and land-management costs by no more than \$500,000 per
year. Also, the exchange adds almost two more acres to the federal
portfolio. Any money received in a cash equalization payment will be
used to bring more land in Colorado under federal control.

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

**[Constitutional Authority]{.underline}**: The House report on H.R.
1129, Committee Report
[109-252](http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_reports&docid=f:hr252.109.pdf),
cites constitutional authority for this legislation in Article 1,
Section 8 of the Constitution, but fails to cite a specific Clause.

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

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

S. 435 --- Lower Farmington River and Salmon Brook Wild and Scenic River
Study Act of 2005 --- *as amended* *(Sen. Dodd, D-CT)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, November 13, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 435 directs the Secretary of the Interior
to study the feasibility of adding about 40 miles of the Farmington
River and Salmon Brook in Connecticut to the National Wild and Scenic
Rivers System. The bill authorizes such sums as necessary to conduct the
study. The Secretary is directed to complete the study within three
years of the availability of appropriated funds.

**[Additional Information]{.underline}**: 14 miles of the Farmington
River's West Branch has already been designated as a Wild and Scenic
River.

**[Committee Action]{.underline}**: S. 435 was received from the Senate
on December 17, 2005, and referred to the Committee on Resources, which
took no official action.

**[Cost to Taxpayers]{.underline}**: CBO estimates that implementing S.
435 would cost \$200,000 over the next three years, subject to
appropriations. S. 435 would not affect direct spending or revenues.

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

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

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

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

S. 819 --- Pactola Reservoir Reallocation Authorization Act of 2005

--- *as received* *(Sen. Johnson, D-SD)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, November 13, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 819 allows the Secretary of the Interior
to reallocate the construction costs of the Pactola Dam and Reservoir
from irrigation purposes to municipal, industrial, and fish and wildlife
purposes.

**[Additional Information]{.underline}**: The Bureau of Reclamation has
contracted with Rapid City, South Dakota to provide water to the city
for municipal, industrial, irrigation, recreation, wildlife, fisheries,
and instream flow needs. The Department of Energy Organization Act
prohibits reallocation of costs without congressional approval.
Congressional approval of the reallocation of construction costs is
necessary to execute the contract with Rapid City.

**[Committee Action]{.underline}**: S. 819 was received from the Senate
on November 17, 2005, and referred to the Committee on Resources, which
took no official action.

**[Cost to Taxpayers]{.underline}**: CBO estimates that enacting S. 819
would not have a significant effect on the federal budget. Further, CBO
estimates that an increase in contract payments would result in
\$100,000 in receipts, offsetting direct spending, annually.

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

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

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

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

H.R. 6121 --- To amend the Federal Water Pollution Control Act to
reauthorize a program relating to the Lake Pontchartrain Basin

--- *as introduced* (Baker, R-LA)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, November 13, 2006, under a motion to suspend
the rules and pass the bill.

*Note*: Under House Republican Conference Rules, legislation failing to
include a cost estimate may not be considered by the House on the
Suspension Calendar. This rule may be waived by a vote of the elected
Leadership. H.R. 6121, which fails to include a cost estimate, received
such a waiver from the elected Leadership.

**[Summary]{.underline}**: H.R. 6121 amends the Federal Water Pollution
Control Act extending from 2005 to 2011 the authorization of \$20
million in appropriations for restoring the ecological health of the
Lake Pontchartrain Basin by developing and funding restoration projects
and related scientific and public education projects.

**[Committee Action]{.underline}**: H.R. 6121 was introduced on
September 20, 2006, and referred to the Committee on Transportation and
Infrastructure, which took no official action.

**[Cost to Taxpayers]{.underline}**: **No CBO score is available for the
bill, but the bill authorizes \$100 million 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}**: A committee report citing
constitutional authority is unavailable.

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

S. 1140 --- A bill to designate the State Route 1 Bridge in the State of
Delaware as the "Senator William V. Roth, Jr. Bridge"

--- *as received* *(Sen. Carper, D-DE)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, November 13, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 1140 designates the State Route 1 Bridge
over the Chesapeake and Delaware Canal in Delaware as the "Senator
William V. Roth, Jr. Bridge."

**[Additional Information]{.underline}**: William Roth, Jr. served in
both the House and the Senate. Senator Roth passed away December 13,
2003. He authored the [Kemp-Roth Tax
Cut](http://www.answers.com/topic/kemp-roth-tax-cut) with [Jack
Kemp](http://www.answers.com/topic/jack-kemp). Sen. Roth was the author
of the Roth IRA legislation.

(sources:
<http://bioguide.congress.gov/scripts/biodisplay.pl?index=R000460>, and
<http://www.answers.com/topic/william-v-roth-jr>)

**[Committee Action]{.underline}**: S. 1140 was received from the Senate
on June 16, 2005, and referred to the Committee on Transportation and
Infrastructure, which took no official action.

**[Cost to Taxpayers]{.underline}**: The only costs associated with a
bridge naming 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}**: A committee report citing
constitutional authority is unavailable.

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

H.R. \_\_--- To authorize the extension of nondiscriminatory treatment
(normal trade relations treatment) to the products of Vietnam, and to
establish a procedure for imposing quotas on imports of subsidized
textile and apparel products of Vietnam ---*as introduced* (Ramstad,
R-MN)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Monday, November 13^th^, under a motion to suspend the
rules and pass the bill.

Note: the first section of this legislation is identical to H.R. 5602.

**[Summary]{.underline}**: H.R. \_\_ would authorize the permanent
extension of nondiscriminatory treatment (normal trade relations
treatment, or "NTR") to the products of Vietnam. Specifically, the bill
would remove Vietnam from the current-law prohibition on permanently
adding new countries to which NTR treatment applies. *(NTR refers to
nondiscriminatory tariff treatment. Embargoes and other non-tariff
barriers can still exist under NTR.)*

The bill would also establish an enforcement mechanism, as set forth in
the U.S.-Vietnam commercial agreement signed earlier this year, to
ensure that the President implements quotas on Vietnam, if Vietnam
grants any prohibited subsidies to its textile and apparel industry (in
violation of the terms of its accession to the World Trade
Organization---the "WTO").

Specifically, the U.S. Trade Representative (USTR) would have to
determine whether to initiate an investigation and would have to request
consultations with Vietnam within 20 days of receiving a petition. \[The
USTR could also initiate an investigation without a petition.\]

The USTR would have to make a determination and, if affirmative, refer
the dispute to a WTO arbitrator within 60 days of initiating the
investigation (and alert Vietnam).

The USTR would have to consult with Congress and allow for public
comment.

The Administration would have to impose up-to-one-year quotas within 120
days after referring the dispute to the WTO, even if the WTO has not yet
made a decision. The quotas would apply to [all]{.underline} textiles
and apparel, regardless of the nature of the prohibited. The quotas
would be lifted when Vietnam completely eliminates the prohibited
subsidy to its textile and apparel industry (as certified by the USTR).

**[Additional Background]{.underline}**: Countries that wish to have
permanent NTR ("PNTR") must comply with the Jackson-Vanik provisions of
the Trade Act of 1974 (requiring that the President of the United States
determine that a country neither denies nor impedes the right or
opportunity of its citizens to emigrate), and must reach a bilateral
commercial agreement with the United States (which Vietnam did earlier
this year).

Vietnam has been granted one-year NTR treatment extensions since 2001
(in accordance with the Jackson-Vanik requirements).

The bill contains a variety of findings, including:

-   "Vietnam has undertaken significant market-based economic reforms,
    including the reduction of government subsidies, tariffs and
    non-tariff barriers, and extensive legal reform. These measures have
    dramatically improved Vietnam's business and investment climate."

-   "Vietnam is in the process of acceding to the World Trade
    Organization. On May 31, 2006, the United States and Vietnam signed
    a comprehensive bilateral agreement providing greater market access
    for goods and services and other trade liberalizing commitments as
    part of the World Trade Organization accession process."

Diplomatic relations between the United States and Vietnam were
normalized in 1995.

**[Committee Action]{.underline}**: On June 13, 2006, the bill was
referred to the Ways & Means Committee, which took no official action on
it.

**[Administration Position]{.underline}**: The Administration is
strongly supportive of this legislation.

**[Cost to Taxpayers]{.underline}**: A CBO cost estimate for S. 3495
(which is identical to this legislation in its PNTR implications) finds
that permanently extending NTR to Vietnam would increase revenues
(tariff collections) by \$18 million in FY2007 and a total of \$108
million over the FY2007-FY2011 period (due to increased trade with
Vietnam).

**[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 a committee report
citing constitutional authority is unavailable, Article I, Section 8,
Clause 1 grants Congress the power to lay and collect taxes, duties,
imposts, and excises. Additionally, Article I, Section 8, Clause 3
grants Congress the power to regulate commerce with foreign nations.

**[Outside Organizations]{.underline}**: The U.S. Chamber of Commerce
strongly supports the passage of this legislation.

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

S. 3880 --- Animal Enterprise Terrorism Act

--- *as amended* (Sen. Inhofe, R-OK)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, November 13, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 3880 stiffens the penalties for animal
enterprise terrorism and broadens the definition of the offense to
protect immediate family members and spouses of those engaged in an
animal enterprise. The bill also protects those having a connection to,
relationship with, or transactions with an animal enterprise. S. 3880
criminalizes conspiracy and attempt to commit animal enterprise
terrorism. In other words, the bill would make it easier to prosecute
animal rights activists whose actions lead to property damage and
personal injury.

The bill replaces the previous scheme of four grades of crime with five
grades. The imprisonment penalty for economic damage amounting to less
than \$10,000 is increased from six months to a year. The imprisonment
term for damages between \$10,000 and \$100,000 is increased from three
years to five. S. 3880 creates a new category of offense, stating that
if the offense results in substantial bodily injury or over \$100,000 in
damages, the prison term is ten years. If the offense results in serious
bodily injury or more than \$1 million damage, the prison term is twenty
years. If the offense results in death, the prison term is life.

S. 3880 declares that the law is not to be construed to prohibit First
Amendment expression, to provide exclusive criminal or civil penalties
for animal enterprise terrorism, or to preempt State laws.

**[Committee Action]{.underline}**: S. 3880 was received from the Senate
on November 9, 2006.

**[Cost to Taxpayers]{.underline}**: A CBO score for S. 3880 is
unavailable, but Leadership has granted the bill a Conference Rule 28
waiver.

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

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

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

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

\###