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# Legislative Bulletin...........................................March 28, 2006

> **Contents:**
>
> **H.R. 4882** --- Vietnam Veterans Memorial Visitor Center Deadline
> Enforcement Act

**H.Res. 680**---Recognizing Dr. I. King Jordan for his contributions to
Gallaudet University and the deaf

and hard of hearing community

**H.R. 4786**---H. Gordon Payrow Post Office Building Designation Act

**H.R. 3440**---Dr. Jose Celso Barbosa Post Office Building Designation
Act

**H.R. 4805**---Gene Vance Post Office Building

> **H.Res. 85** --- Supporting the goals and ideals of "National MPS
> Day"
>
> **H.Res. 517** --- Recognizing the life of Wellington Timothy Mara and
> his outstanding contributions to the New York Giants Football Club,
> the National Football League, and the United States
>
> **H.R. 4057** --- To provide that attorneys employed by the Department
> of Justice shall be eligible for compensatory time off for travel
> under section 5550b of title 5, United States Code
>
> **H.R. 4979** --- Local Community Recovery Act of 2005
>
> **S. 2116** --- Supreme Court Grounds Transfer Act of 2005
>
> **S.2120 ---** Milk Regulatory Equity Act of 2005
>
> **H.Con.Res. 353** -- Commending the people of the Republic of Haiti
> for holding democratic elections on February 7, 2006, and
> congratulating President-elect Rene Garcia Preval on his victory in
> these elections

H.R. 4882 --- Vietnam Veterans Memorial Visitor Center Deadline
Enforcement Act --- *as introduced* (Pombo, R-CA)

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

**[Summary]{.underline}:** H.R. 4882 would designate the location on the
National Mall where the new Vietnam Veterans Memorial Visitor Center
will be located (the Visitor Center was authorized by P.L 108-126, but a
specific location was not specified), and would require that final
approval of the Visitor Center will occur within 30 days of enactment of
this Act (so that construction may proceed without further delay).

[**Additional Information**:]{.underline} The Visitor Center was
originally authorized by H.R. 1442 (signed in to law on November 17,
2003; P.L. 108-126). This legislation stated that "no federal funds
shall be used to pay any expense" to design and build the Visitor
Center. According to Chairman Pombo, the project has been delayed 2 ½
years due to bureaucratic red tape in choosing a specific site for the
project. The location of the Visitor Center will be within the area
between Henry Bacon Drive, 23rd Street, Constitution Avenue and the
Lincoln Memorial.

[**Committee Action**:]{.underline} H.R. 4882 was introduced on March 7,
2006, and referred to the Committee on Resources. The bill was marked-up
on March 15, 2006, and it was reported to the House by a vote of 32-0
the same day.

[**Cost to Taxpayers**:]{.underline} A CBO score of H.R. 4882 is
unavailable, but the bill does not authorize new expenditures.

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

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

**[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.Res. 680 --- Recognizing Dr. I. King Jordan for his contributions to
Gallaudet University and the deaf and hard of hearing community

(*Kind, D-WI*)

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

**[Summary]{.underline}**: H.Res. 680 would resolve that the House:

-   "congratulates Dr. I. King Jordan on his retirement; and

-   "expresses appreciation to Dr. I. King Jordan for his many years of
    dedicated service to Gallaudet University, to the deaf and hard of
    hearing community, and to all individuals with disabilities."

**[Additional Background]{.underline}**: In 1988, Dr. I. King Jordan
became the first deaf President of Gallaudet University (Washington, DC)
and the first deaf president of any institution of higher education in
the United States. The resolution notes that Gallaudet University
"grants more bachelor's degrees to deaf people than any other
institution of higher learning in the world" and "is the only such
institution serving primarily deaf and hard of hearing students."

For more biographical information on Dr. Jordan, visit this webpage:
<http://www.gallaudet.edu/x227.xml>

**[Committee Action]{.underline}**: On February 15, 2006, the resolution
was referred to the Education & the Workforce Committee, which took no
official action on it.

**[Cost to Taxpayers]{.underline}**: The resolution would authorize no
expenditure.

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

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

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

H.R. 4786 --- H. Gordon Payrow Post Office Building Designation Act
(Dent, R-PA)

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

**[Summary]{.underline}**: H.R. 4786 would designate the U.S. postal
facility located at 535 Wood Street in Bethlehem, Pennsylvania, as the
"H. Gordon Payrow Post Office Building."

**[Additional Background]{.underline}**: H. Gordon Payrow was mayor of
Bethlehem, PA, from 1962 to 1974 and died in 2004 at the age of 86. For
more biographical information, visit this webpage:
<http://dent.house.gov/pr-030706.shtml>

**[Committee Action]{.underline}**: On February 16, 2006, the bill was
referred to the Government Reform Committee, which, on March 9^th^,
marked up and ordered it reported to the full House by unanimous
consent.

**[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 of the Constitution grants Congress the authority to "establish
Post Offices and post Roads."

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

H.R. 3440 --- Dr. Jose Celso Barbosa Post Office Building Designation
Act (R.C. Fortuño, R-PR)

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

**[Summary]{.underline}**: H.R. 3440 would designate the U.S. postal
facility located at 100 Avenida RL Rodriguez in Bayamon, Puerto Rico, as
the "Dr. José Celso Barbosa Post Office Building."

**[Additional Background]{.underline}**: Dr. José Celso Barbosa formed
the pro-statehood Puerto Rican Republican Party on 1899 in the aftermath
of the Spanish-American War (in which Puerto Rico became a U.S.
territory). Barbosa became known as the "Father of the Statehood for
Puerto Rico" movement. Barbosa died in 1921. His birthday is an official
holiday in Puerto Rico. For more biographical information, visit this
webpage:
<http://www.house.gov/apps/list/press/pr00_fortuno/barbosa.html>

**[Committee Action]{.underline}**: On July 26, 2005, the bill was
referred to the Government Reform Committee, which, on September 15,
2005, marked up and ordered it reported to the full House by unanimous
consent.

**[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 of the Constitution grants Congress the authority to "establish
Post Offices and post Roads."

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

H.R. 4805 --- Gene Vance Post Office Building (Johnson, R-IL)

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

**[Summary]{.underline}**: H.R. 4805 would designate the U.S. postal
facility located at 105 North Quincy Street in Clinton, Illinois, as the
"Gene Vance Post Office Building."

**[Additional Background]{.underline}**: Gene Vance was a legendary
basketball player for the University of Illinois, who, in 1943 (along
with the other "Whiz Kids" on the team), chose to enter the armed forces
for WWII instead of participating in that season's NCAA Tournament.
Vance also played in the NBA from 1948 to 1952, was a high school
basketball coach in the 1950s, and was the University of Illinois'
Director of Athletics from 1967-1972.

**[Committee Action]{.underline}**: On February 28, 2006, the bill was
referred to the Government Reform Committee, which, on March 9^th^,
marked up and ordered it reported to the full House by unanimous
consent.

**[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 of the Constitution grants Congress the authority to "establish
Post Offices and post Roads."

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

H.Res. 85 --- Supporting the goals and ideals of "National MPS Day" ---
*as introduced* (*Kind, D-WI*)

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

**[Summary]{.underline}:** H.Res. 85 resolves that the House of
Representatives supports for the goals and ideals of "National MPS Day."
The resolution states the following findings, among other items:

-   "mucopolysaccharidoses and mucolipidoses (commonly known as 'MPS
    disorders') are genetically determined lysosomal storage disorders
    that result in the inability of the body to produce certain enzymes
    needed to break down complex carbohydrates;

-   "in individuals with MPS disorders, complex carbohydrates are stored
    in virtually every cell in the body and progressively cause damage
    to the cells, affecting multiple systems, including the bones, heart
    and other internal organs, respiratory system, and central nervous
    system;

-   "increased public and professional awareness and **continued public
    funding** will assist in the development of new techniques,
    treatments, and cures for MPS disorders, which will greatly enhance
    the quality of life for individuals with MPS disorders (emphasis
    added);

-   "the National MPS Society, Inc., a group ultimately dedicated to
    finding a cure for MPS disorders, has designated February 25 of each
    year as 'National MPS Day'; and

-   "the designation of 'National MPS Day' provides an opportunity to
    increase public and professional awareness about
    mucopolysaccharidoses and mucolipidoses, and to encourage research
    for early diagnosis, effective treatments, and a potential cure for
    MPS disorders."

**[Additional Information:]{.underline}** According to the National MPS
Society website, "mucopolysaccharidoses (MPS) and related diseases are
genetic lysosomal storage diseases (LSD) caused by the body's inability
to produce specific enzymes. Normally, the body uses enzymes to break
down and recycle materials in cells. In individuals with MPS and related
diseases, the missing or insufficient enzyme prevents the proper
recycling process, resulting in the storage of materials in virtually
every cell of the body. As a result, cells do not perform properly and
may cause progressive damage throughout the body, including the heart,
bones, joints, respiratory system and central nervous system. While the
disease may not be apparent at birth, signs and symptoms develop with
age as more cells become damaged by the accumulation of cell materials."
For more information, please visit: <http://www.mpssociety.org/>.

[**Committee Action**:]{.underline} H.Res. 85 was introduced on February
10, 2005, and referred to the Committee on Government Reform. The bill
was marked-up on March 9, 2006, and it was reported to the House by
unanimous consent the same day.

[**Cost to Taxpayers**:]{.underline} The resolution authorizes no
expenditure.

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

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

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

H.Res. 517 --- Recognizing the life of Wellington Timothy Mara and his
outstanding contributions to the New York Giants Football Club, the
National Football League, and the United States --- *as amended*
(*Pascrell, D-NJ*)

**[Order of Business]{.underline}:** The resolution is scheduled for
consideration on Tuesday, March 28, 2006, under a motion to suspend the
rules and pass the resolution, as amended.

**[Summary]{.underline}:** H.Res. 517 would "recognize the life of
Wellington Timothy Mara and his outstanding contributions to the New
York Giants Football Club, the National Football League, and the United
States." The resolution states the following findings, among other
items:

-   "Wellington Timothy Mara was born on August 14, 1916, in New York
    City. He graduated from Loyola High School in New York and proceeded
    to Fordham University, from which he graduated in 1937;

-   "Wellington Mara was a vital participant in the New York Giants
    Football Club since its inception and inclusion in the National
    Football League in 1925 under the original leadership of his father
    Timothy;

-   "In 1930, Wellington Mara acquired part-ownership of the New York
    Giants when his father divided the team between Wellington Mara and
    his brother Jack;

-   "Under the co-leadership of Wellington and Jack Mara, the New York
    Giants appeared in five National Football League Championship games
    between 1958 and 1963, and Wellington Mara was in charge of
    accumulating the player talent that engineered this remarkable
    accomplishment;

-   "By supporting the agreement to share television revenues equally
    among the teams of the National Football League, Wellington and Jack
    Mara gave up significant revenue for their own team, but put the
    National Football League on the path to collective success;

-   "Under his leadership, the New York Giants have 26 postseason
    appearances, 18 National Football League divisional championships,
    and six National Football League championships, including the Super
    Bowl XXI and Super Bowl XXV titles;

-   "Wellington Mara was inducted into the National Football League Hall
    of Fame in 1997; and

-   "On October 25, 2005, Wellington Mara succumbed to cancer at his
    home in Rye, New York."

H.Res. 517 resolves that House of Representatives:

-   "expresses its deepest condolences to his wife of 61 years, Ann, his
    11 children, and his 40 grandchildren; and

-   "recognizes the outstanding contributions that Wellington Timothy
    Mara made to the New York Giants Football Club, the National
    Football League, and the United States."

**[Additional Information:]{.underline}** Wellington Mara was the son of
Timothy Mara, who founded the New York Giants in 1925. Press reports
stated that Wellington started as a ballboy for the Giants, and "served
in virtually every capacity in the organization, including scout,
general manager and president." Mara was associated with the Giants for
all 81 seasons of the teams franchise history.

[**Committee Action**:]{.underline} H.Res. 517 was introduced on October
26, 2005, and referred to the Committee on Government Reform. The bill
was marked-up on March 9, 2006, and it was reported to the House by
unanimous consent the same day.

[**Cost to Taxpayers**:]{.underline} The resolution authorizes no
expenditure.

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

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

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

H.R. 4057 --- To provide that attorneys employed by the Department of
Justice shall be eligible for compensatory time off for travel under
section 5550b of title 5, United Stated Code --- *as reported* (Porter,
R-NV)

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

**[Summary]{.underline}:** H.R. 4057 would provide that Department of
Justice attorneys (including assistant U.S. attorneys) are eligible to
receive compensatory time off for time spent in travel status (as
stipulated under section 5550b of title 5) if that time is not otherwise
compensable. According to CRS, the "Office of Personnel Management
regulations allow DOJ attorneys to receive equal time off in exchange
for work-related travel outside of regular business hours. Current DOJ
guidelines, however, specifically bar agency attorneys from receiving
the benefit." This would apply to travel on or after the date of
enactment.

[**Committee Action**:]{.underline} H.R. 4057 was introduced on October
17, 2005, and referred to the Committee on Government Reform. The bill
was marked-up on October 20, 2005, and it was reported to the House by
voice vote the same day (H. Rept. 109-390).

[**Cost to Taxpayers**:]{.underline} CBO estimates that H.R. 4057 "could
increase costs for DOJ if the use of compensatory time by attorneys
necessitated hiring new attorneys to complete their current workload.
Based on information from DOJ and the experience of other agencies, CBO
estimates that implementing H.R. 4057 would not have a significant
impact on the federal budget. Enacting the bill 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}**: The Committee Report, H.
Rept. 109-390, cites constitutional authority for this legislation in
Article I, Section 8, and Clause 18 of the Constitution (the Necessary
and Proper Clause).

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

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

H.R. 4979 --- Local Community Recovery Act of 2006 --- *as reported*

(Pickering, R-MS)

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

**[Summary]{.underline}:** H.R. 4979 would amend the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (the authority under which
FEMA operates during natural disasters) to clarify the preference for
local firms in the award of certain contracts for disaster relief
activities. Current law allows a "preference" to be given to local firms
in awarding contracts. This legislation would amend current law to
state, "In carrying out this section, a contract or agreement may be set
aside for award based on a specific geographic area." This legislation
would also state that any solicitation made by the Corps of Engineers
(which awards contracts for cleanup and debris removal in the hurricane
affected areas) during FY06 under the Stafford Act would be final and
not subject to judicial review. This would effectively eliminate any
pending judicial proceedings related to Corps solicitations in FY06 for
the hurricane affected areas.

Any solicitation made by the Corps of Engineers during FY06 concerning
section 307 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5150) would be final and conclusive and would
not be subject to administrative or judicial review. Any administrative
or judicial action or proceeding arising from such solicitation that is
pending on the date of enactment of this Act would be immediately
dismissed by the court or administrative agency in which the action or
proceeding was brought or is currently pending.

***Current law (with section in question underlined):***

> 42 USC Sec. 5150
>
> TITLE 42 - THE PUBLIC HEALTH AND WELFARE
>
> CHAPTER 68 - DISASTER RELIEF
>
> SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE
> ADMINISTRATION
>
> Sec. 5150. Use of local firms and individuals
>
> In the expenditure of Federal funds for debris clearance, distribution
> of supplies, reconstruction, and other major disaster or emergency
> assistance activities which may be carried out by contract or
> agreement with private organizations, firms, or individuals,
> [preference shall be given, to the extent feasible and practicable, to
> those organizations, firms, and individuals residing or doing business
> primarily in the area affected by such major disaster or
> emergency.]{.underline} This section shall not be considered to
> restrict the use of Department of Defense resources in the provision
> of major disaster assistance under this chapter.

***H.R. 4979 Additions:***

> In carrying out this section, a contract or agreement may be set aside
> for award based on a specific geographic area.
>
> Any solicitation made by the Corps of Engineers during fiscal year
> 2006 concerning section 307 of the Robert T. Stafford Disaster Relief
> and Emergency Assistance Act (42 U.S.C. 5150) shall be final and
> conclusive and shall not be subject to administrative or judicial
> review. Any administrative or judicial action or proceeding arising
> from such solicitation that is pending on the date of enactment of
> this Act shall be immediately dismissed by the court or administrative
> agency in which the action or proceeding was brought or is currently
> pending.

**[Additional Information:]{.underline}** In September 2005, the U.S.
Army Corp of Engineers awarded a \$500 million contract for debris
removal in Mississippi after Hurricane Katrina to AshBritt, Inc., a
non-local firm. In December, 2005, the Corp issued a \$300 million
solicitation for debris removal bids in Mississippi, but limited bids to
local firms. AshBritt filed a bid protest with the GAO, stating that the
allowable "preference" in current law does not permit the Corps to
restrict competition to only local contractors. GAO denied the bid
protest.

According to the bill's sponsor, this legislation is intended to clarify
and affirm the Corps ability, and the original intent of Congress, to
allow contracts to be set aside for local contractors. The bill's
sponsor also states that this will result in "significant cost savings
for the federal government," since under the current procedure there may
be several layers of contractors and subcontractors that act to
artificially inflate the cost of the project.

-   Washington Post article:
    <http://www.house.gov/rsc/pence/032006_WashPost_Corps_Contracts.pdf>

-   GAO decision regarding the AshBritt bid protest:
    <http://www.house.gov/rsc/pence/032006_GAO_AshBritt_Decision.pdf>

-   RSC Stafford Act Policy Brief:
    <http://www.house.gov/pence/rsc/doc/FEMA_Disaster_Response.pdf>

**[Conservative Concerns:]{.underline}** Conservatives generally argue
that a competitive bidding process in awarding contracts is the best way
to ensure cost effective and efficient projects.

[**Committee Action**:]{.underline} H.R. 4979 was introduced on March
16, 2006, and referred to the Committee on Transportation and
Infrastructure, which took no official action.

[**Cost to Taxpayers**:]{.underline} A CBO score of H.R. 4979 is
unavailable. In response to an RSC inquiry, CBO indicated that it is not
possible to score the effect of this bill, though on a case-by-case
basis it may either reduce or increase FEMA contracts. The bill does not
effect direct spending.

[**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

S. 2116 --- Supreme Court Grounds Transfer Act of 2005 (Sen. Lott, R-MS)

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

**[Summary]{.underline}:** S. 2116 would transfer jurisdiction over a
certain parcel of federal land in the District of Columbia from the
Architect of the Capitol to the Supreme Court (area surrounding the
Supreme Court including lands on Constitution Avenue, Maryland Avenue,
and 2^nd^ Street). This parcel of land was previously transferred to the
Architect from the Department of the Interior in P.L. 104-333. The bill
would update the respective definitions accordingly for Supreme Court
grounds and U.S. Capitol grounds in the U.S. Code. The bill states that
the U.S. Capitol Police will not have jurisdiction over the parcel of
land (which they currently have as part of the U.S. Capitol grounds).
The bill provides that the Act will apply to FY2006 and each fiscal year
thereafter.

[**Committee Action**:]{.underline} S. 2116 was introduced in the Senate
on December 15, 2005, and passed by unanimous consent. The bill was
referred to the House Committee on Transportation and Infrastructure,
which took no official action.

[**Cost to Taxpayers**:]{.underline} A CBO score of S. 2116 is
unavailable, but the bill does not authorize new expenditures.

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

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

**[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

**S. 2120 --- Milk Regulatory Equity Act of 2005**

**(Sen. Kyl, R-AZ)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, March 28, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: According to CRS, the farm price of
approximately two-thirds of the nation's fluid milk is regulated under
federal milk marketing orders, administered by the U.S. Department of
Agriculture (USDA). These orders were instituted in the 1930s "to
promote orderly marketing conditions" by, among other things, applying a
uniform system of classified pricing throughout the market. Some states,
California for example, have their own state milk marketing regulations
instead of federal rules.

S. 2120 contains three provisions which modify current law (7 U.S.C.
608c(5)) to: 1) affect the regulation of fluid milk processors who
operate a plant in a federal order area, are not regulated by that
order, and ship packaged milk into a state marketing order (not a
federal order); 2) affect the regulation of fluid processors who
produce, package and distribute their milk, also known as
producer-handlers or producer-distributors; and 3) exclude Nevada from
federal milk marketing orders. These provisions, will take effect on the
first day of the first month beginning more than 15 days after the date
of the enactment of S. 2120.

According to CRS, the first provision listed above "would primarily
affect a large fluid processor who is located in Yuma, Arizona (which is
part of the Arizona-Las Vegas milk marketing order area), but ships all
of its packaged milk into California. Under current law and regulations,
this plant's interstate shipments to California are not regulated by
either the Arizona-Las Vegas order or the California state order." The
bill would require this processor, and any like it, to pay into the
federal order pool the minimum federal milk marketing order price for
the raw milk that went into the shipments sold into the state order.
According to the *Chicago Tribune*, this processor, Hein Hettinga, is
among the largest dairy farmers in the nation, with 15 massive dairies
stretching from California to west Texas. "His five dairies in Arizona
send milk to two bottling plants in Yuma, on the border of California,
and they in turn ship milk to Sam's Club, Costco and other retail
outlets in Arizona and southern California. There, Hettinga's milk sells
for about \$1.99 a gallon, sometimes less. By comparison, an USDA survey
found that a gallon of milk in Chicago costs twice as much, \$3.99 a
gallon, making Chicago among the most expensive milk markets in the
nation." The Sam\'s Club in Yuma, Ariz., reportedly sells two gallons of
Hettinga's whole milk for \$3.99. (Sources:
<http://newsblogs.chicagotribune.com/news_theswamp/2006/03/washington_pric.html#more>;
<http://www.apics.org/APICS/Resources/ViewArticle.aspx?articleId=20060228/krt20060228knigt66410019FARMMILKEDITORIALTBEDIT.xml>)

The second provision requires the full regulation of any
producer-handler (dairy farmers who process milk from their own cows in
their own plants and market their packaged fluid milk and other dairy
products themselves) with distribution of fluid milk in the Arizona-Las
Vegas order area in excess of three million pounds in the previous
month. Current regulations exempt producer-handlers from the minimum
price requirements of federal milk marketing orders, but minimal
reporting is required. Producer-handlers may sell products directly to
consumers through their own stores, directly to consumers on
home-delivery routes, or to wholesale customers such as food stores,
vendors, or institutions. According to CRS, this provision primarily
affects the same producer-handler in Arizona that would be affected by
the interstate milk shipment provision discussed above. By bringing
these producer-handlers under regulation, it will increase the blend
price received by all regulated dairy farmers.

Meanwhile, USDA has published a final regulation effective April 1,
2006, that establishes a 3 million lb. per month route disposition limit
for a producer-handler exemption, both in the Pacific Northwest and the
Arizona-Las Vegas order areas. The final USDA regulation would affect at
least three large producer handlers in the Pacific Northwest, as well as
the Arizona producer-handler. (For USDA's final rule, see
<http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1587.htm>)

The third provision, it is argued, is a technical correction to a
provision in the FY02 Agriculture Appropriations Act (P.L. 106-78) that
was intended to remove Clark County, Nevada from the Las Vegas-Arizona
federal milk marketing order area, so that the only handler in this
county would be subject to the lower Nevada state order price for fluid
milk. The language of the appropriations provision removed any plant
operating in Clark County, but not Clark County itself. The result was
that milk that is currently shipped from California to Clark County is
partially regulated and compensatory payments to the Arizona-Las Vegas
order are required. The provision in S. 2120 would completely remove the
state of Nevada from the marketing area definition of any order, which,
according to CRS, supporters say would end the required compensatory
payments paid by California milk shippers and allow all of Nevada to be
joined together in the state order.

For additional information, please see this CRS report
<http://www.congress.gov/erp/ib/pdf/IB97011.pdf>

**[Committee Action]{.underline}**: On December 16, 2005, the bill was
introduced in the Senate and passed by unanimous consent the same day.
It was referred to the House Committee on Agriculture, which took no
official action. A similar bill (H.R. 4015) was introduced in the House
on November 16, 2005.

**[Cost to Taxpayers]{.underline}**: A CBO cost estimate is not
available. The bill imposes federal regulatory schemes on certain types
of milk producers and handlers, which will impose a cost on the people
and companies being regulated that would potentially drive up the cost
of milk for consumers.

[]{.mark}

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: This expands the scope of federal
regulations by applying them to people who are currently exempt.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: Yes. The bill requires
private-sector businesses to be regulated by federal milk pricing
regulations. According to the *Chicago Tribune*, "If Hettinga's efforts
to block the USDA's regulations are unsuccessful, he estimates that he
would have to pay about \$3.5 million a year in a federal pool of milk
revenues, money that would essentially be split among his competitors."

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

**[Additional Information:]{.underline}** House Approps Chairman Jerry
Lewis released a statement strongly urging Members to **oppose** S.
2120. His statement says, "Controversial and complicated dairy policy
changes should be considered in the context of the Farm Bill not rammed
through on the Suspension calendar.  If we allow this dairy policy
change to occur it sets a bad precedent for how other dairy policy
interests are handled in the future." He continues, "This legislation
makes a rifle-shot policy change to specifically benefit a large
multinational corporate agribusiness conglomerate with billions of
dollars in sales at the expense of a few family-owned small
businesses." 

The Milk Regulatory Equity Act is **supported** by the following
national, regional and state dairy organizations (Source:
<http://www.idfa.org/leg/issuepap/equity_dairy_industry.cfm>):

Alliance of Western Milk Producers

Maryland & Virginia Milk Producers

Alta Dena Dairy Meadow

Gold Dairy

Berkeley Farms

Milk Producers Council

California Dairies, Inc.

Model Dairy

California Dairy Campaign

Morningstar Foods

Dairy Farmers of America

National Milk Producers Federation

Dairy Institute of California

Nevada Dairy Commission

Dean Foods Company

Safeway

Fullerton Cultured Products

Shamrock Foods Company

Humboldt Creamery

Swiss Dairy

International Dairy Foods Association

Tulare Cultured Specialties

Kraft Foods

United Dairymen of Arizona

The Kroger Company

Virginia State Dairymen\'s Association

Land O\' Lakes

Western United Dairymen

**[RSC Staff Contact]{.underline}**: Sheila Cole,
sheila.cole@mail.house.gov (202) 226-9719

H.Con.Res. 353 --- Commending the people of the Republic of Haiti for
holding democratic elections on February 7, 2006, and congratulating
President-elect Rene Garcia Preval on his victory in these elections ---

*as introduced* (*Waters, D-CA*)

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

**[Summary]{.underline}:** H.Con.Res. 353 would commend the people of
the Republic of Haiti for holding democratic elections on February 7,
2006, and congratulate President-elect Rene Garcia Preval on his victory
in these elections. The resolution also stated the following findings,
among other items:

-   "Reports indicate that the elections were peaceful and that 2.2
    million Haitians\--more than 60 percent of registered
    voters\--participated in the elections;

-   "The participation of an overwhelming number of Haitians in the
    elections demonstrates the commitment of the Haitian people to
    democracy;

-   "On February 16, 2006, Rene Garcia Preval was declared the winner of
    the presidential election with 51.15 percent of the vote;

-   "The elections of February 7, 2006, are a sign of hope for the
    future of the people of Haiti;

-   "The elected government of Haiti will need the support and
    assistance of the United States and the international community to
    ensure social and economic development and to improve the lives of
    the Haitian people.

H.Con.Res. 353 resolves that Congress:

-   "Commends the people of the Republic of Haiti for holding democratic
    elections on February 7, 2006;

-   "Congratulates President-elect Rene Garcia Preval on his victory in
    these historic elections; and

-   "Pledges its support and assistance for national reconciliation,
    democracy, and development for the people of Haiti.

[**Committee Action**:]{.underline} H.Con.Res. 353 was introduced on
March 8, 2006, and referred to the Committee on International Relations,
which took no official action.

[**Cost to Taxpayers**:]{.underline} The resolution authorizes no
expenditure.

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

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

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

\###