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# 

# Legislative Bulletin....................................May 2, 2006

**Contents:**

> **H.R. 5107** - Earl D. Hutto Post Office Building Designation Act
>
> **H.R. 4811** - John Paul Hammerschmidt Post Office Building
> Designation Act
>
> **H.R. 4674** - Governor John Anderson, Jr. Post Office Building
> Designation Act
>
> **H.R. 4995** - Ronald Bucca Post Office Designation Act
>
> **H.R. 4101** - Lieutenant Michael P. Murphy Post Office Building
> Designation Act
>
> **H.R. 3351** - Native American Technical Corrections Act of 2006
>
> **H.R. 2720** - Salt Cedar and Russian Olive Control Demonstration Act
>
> **H.R. 3929** - Dana Point Desalination Project Authorization Act
>
> **H.R. 3418** - Central Texas Water Recycling Act of 2005
>
> **H.R. 4943** - Prevention of Fraudulent Access to Phone Records Act
>
> **H.Res. 697** - Congratulating the people and Government of Italy,
> the Torino Olympic Organizing Committee, the International Olympic
> Committee, the United States Olympic Committee, the 2006 United States
> Olympic Team, and all international athletes upon the successful
> completion of the 2006 Olympic Winter Games in Turin, Itay
>
> **H.Con.Res. 392** - Recognizing the 58th anniversary of the
> independence of the State of Israel
>
> **H.Con.Res. 90** - Conveying the sympathy of Congress to the families
> of the young women murdered in the State of Chihuahua, Mexico, and
> encouraging increased United States involvement in bringing an end to
> these crimes
>
> **H.Res. 658** - Supporting the goals and ideals of World Water Day

**H.R. 5107 --- Earl D. Hutto Post Office Designation Act --- *as
introduced* (Miller, R-FL)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, May 2^nd^, under a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}**: H.R. 5107 designates the facility of the
United States Postal Service located at 1400 West Jordan Street in
Pensacola, Florida, as the "Earl D. Hutto Post Office Building."

**[Additional Information]{.underline}**: Former Congressman Hutto was
born near Midland City, Alabamain 1926. He served in the Navy from
1944-1946. In 1973, Hutto won a seat in the Florida House of
Representatives and served until 1978. During his tenure in the Florida
House, he owned an advertising agency. In 1979, he won a seat in the
U.S. House of Representatives, where served 16 years representing
Florida's 1^st^ District. Former Rep. Hutto currently lives in
Pensacola. (source:
<http://bioguide.congress.gov/scripts/biodisplay.pl?index=H001018>)

**[Committee Action]{.underline}**: On April 5, 2006, the bill was
introduced and referred to the House Government Reform Committee, 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 of the Constitution grants Congress the authority to "establish
Post Offices and Post Roads."

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

**H.R. 4811 --- John Paul Hammerschmidt Post Office Building Designation
Act --- *as introduced* (Boozman, R-AR)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, May 2^nd^, under a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}**: H.R. 4811 designates the facility of the
United States Postal Service located at 215 West Industrial Park Road in
Harrison, Arkansas, as the \"John Paul Hammerschmidt Post Office
Building."

**[Additional Information]{.underline}:** Former thirteen-term
Congressman Hammerschmidt attended The Citadel and the University of
Arkansas before joining the U.S. Army Air Corps in 1942. A highly
decorated veteran, he flew over 300 missions in the China-Burma-India
theater with the Third Combat Cargo Group. After the World War II,
Hammerschmidt earned a Bachelor's degree from the University of
Oklahoma. He served from 1967-1993 in the House of Representatives and
currently lives in Harrison, Arkansas.

(Source: http://www.northark.edu/Departments/jph/jph.htm)

**[Committee Action]{.underline}**: On February 28, 2006, the bill was
introduced and referred to the House Government Reform Committee. The
committee considered it and reported it to the full House by unanimous
consent on March 30, 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 of the Constitution grants Congress the authority to "establish
Post Offices and Post Roads."

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

**H.R. 4674 --- Governor John Anderson, Jr. Post Office Building
Designation Act --- *as introduced* (*Moore*, D-KS)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, May 2^nd^, under a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}**: H.R. 4674 designates the facility of the
United States Postal Service located at 110 North Chestnut Street in
Olathe, Kansas as the "Governor John Anderson, Jr. Post Office
Building."

**[Additional Information]{.underline}:** Governor Anderson earned a
Bachelor's degree from Kansas State University in 1943, and went on to
earn a law degree from the University of Kansas in 1944. He dedicated
his life to public service, including working on the staff of a U.S.
District judge, being elected as a Johnson County Attorney, serving in
the Kansas Senate, was appointed Attorney General, and then elected
Governor of Kansas. Anderson was Kansas' chief executive during the
state's centennial, and he signed many reform bills into law. Governor
Anderson lives on his ranch in Olathe, Kansas.

(Source:
<http://www.kshs.org/research/collections/documents/govtrecords/governors/anderson.htm>)

**[Committee Action]{.underline}**: On January 31, 2006, the bill was
introduced and referred to the House Government Reform Committee. The
committee considered it and reported it to the full House by unanimous
consent on March 9, 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 of the Constitution grants Congress the authority to "establish
Post Offices and Post Roads."

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

**H.R. 4995 --- Ronald Bucca Post Office Designation Act --- *as
introduced* (*Lowey*, D-NY)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, May 2^nd^, under a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}**: H.R. 4995 designates the facility of the
United States Postal Service located at Columbus Avenue in Tuckahoe, New
York, as the "Ronald Bucca Post Office."

**[Additional Information]{.underline}**: Ronnie Bucca spent 29 years in
the U.S. military serving as a Green Beret and a Special Forces Group
Defense Intelligence Analyst. Additionally, he served 23 years in
several fire units in New York City, and was promoted to Fire Marshal in
1992. After the bombing attack on the World Trade Center in 1993, Bucca
began to study terrorism and the attack on the World Trade Center. When
terrorists struck the World Trade Center again in 2001, instead of
staying a safe distance away from the building and directing firemen,
Bucca entered the burning South Tower in an attempt to rescue the
Center's occupants. His heroism cost him his life that day.

**[Committee Action]{.underline}**: On March 16, 2006, the bill was
introduced and referred to the House Government Reform Committee. The
committee considered it and reported it to the full House by unanimous
consent on March 30, 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 of the Constitution grants Congress the authority to "establish
Post Offices and Post Roads."

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

**H.R. 4101 --- Lieutenant Michael P. Murphy Post Office Building
Designation Act --- *as introduced* (*Bishop*, D-NY)**

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, May 2^nd^, under a motion to suspend the rules
and pass the bill.

![](media/image2.png){width="0.8541666666666666in"
height="1.1770833333333333in"}**[Summary]{.underline}**: H.R. 4101
designates the facility of the United States Postal Service located at
170 East Main Street in Patchogue, New York, as the "Lieutenant Michael
P. Murphy Post Office Building."

**[Additional Information]{.underline}:** Lt. Murphy graduated from Penn
State University and was a member of the Pearl Harbor SEAL Delivery
Vehicle Team One. At the age of 29, he gave his life in service to his
country in the Kunar province of Afghanistan when his SEAL unit was
ambushed by Taliban insurgents.

(Source:
<http://www.pigstye.net/afghanistan/article.php/2005070807413384l>)

**[Committee Action]{.underline}**: On November 16, 2005, the bill was
introduced and referred to the House Government Reform Committee, which
reported it to the full House by unanimous consent on the same day.

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

**H.R. 3351 -- To make technical corrections to laws relating to
Native**

**Americans -- *as amended* (Pombo, R-CA)**

**[Order of Business:]{.underline}** The bill is expected to be
considered on Tuesday, May 2, 2006, under a motion to suspend the rules
and pass the bill, as amended.

Note: A previous version of H.R. 3351 passed the House by a voice vote
on November 16, 2005, and was amended and passed the Senate on April 7,
2006, by unanimous consent. The Senate's amendment replaced the entirety
of the House-passed bill text.

[**Summary**:]{.underline} H.R. 3351 would make numerous changes to
current law relating to Native Americans including the following
highlights:

-   Makes technical corrections to the Alaska Native Claims Settlement
    Act (drafting errors), relating to incorrect references;

-   Clarifies that land conveyed by the federal government to an Alaskan
    Native Corporation that is then exchanged with another Alaskan
    Native Corporation is deemed to have been conveyed pursuant to the
    Alaska Native Claims Settlement Act. According to the Resources
    Committee, this provision clarifies that such land retains its
    non-taxable status after the exchange;

-   Authorizes the Bureau of Indian Affairs (BIA) to accept funds from
    the State of Mississippi for deposit in a trust account for the
    benefit of the MS Band of Choctaw Indians pursuant to an agreement
    made between the tribe and the Department of Transportation on June
    7, 2005 (for the purpose of improving Highway 16 in Neshoba County,
    MS);

-   Amends the Fallon Paiute Shoshone Indian Tribes Water Rights
    Settlement Act of 1990 to adjust spending rules set forth in that
    Act for the Tribe's Settlement Fund. The bill would authorize six
    percent of the average market value of the Settlement Fund to be
    spent over the preceding three years, and eliminate the current
    authorization to spend 20 percent of the Fund's principal
    (provisions contained in S. 1484, which passed the Senate on July
    26, 2005);

-   Authorizes the transfer of lands now held by the U.S. Corps of
    Engineers to the Interior Department, to be held in trust for the
    benefit of the Prairie Island Indian community in Red Wing,
    Minnesota. The transfer will have no effect on the tax status of the
    lands, and the Prairie Island Indian community will not be permitted
    to develop commercial or gaming facilities on the land (provisions
    contained in S. 706, which passed the Senate on July 26, 2005);

-   Authorizes 99-year leases of Indian Land, instead of the current
    50-year leases permitted;

-   Authorizes the National Indian Gaming Commission (NIGC) to collect
    fees up to .08 percent of gross gaming revenues (provisions
    contained in S. 1295 and previously passed by the Senate on December
    12, 2005); subjects NIGC to the Government Performance and Results
    Act;

-   Amends Indian Financing Act of 1974, stating that non-profit tribal
    entities are eligible for the Bureau of Indian Affairs (BIA) Loan
    Guaranty Program;

-   Increases the BIA loan limit to \$1.5 billion (BIA is approaching
    its current limit of \$500 million);

-   Makes technical corrections and other amendments to the American
    Indian Probate Reform Act of 2004, including technical drafting
    corrections in S. 1481 (P.L. 109-157, the Indian Land Probate Reform
    Technical Corrections Act of 2005) relating to transfers and
    exchanges of restricted lands and shares of Indian tribes under 25
    U.S.C. 464.

[**Committee Action**:]{.underline} On July 19, 2005, the bill was
referred to the Resources Committee, which on September 22 marked-up and
by unanimous consent, ordered the amended bill favorably reported to the
full House for consideration (H. Rept. [109-298, Part
I](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr298):)).
The House passed the bill on November 16, 2005, and the Senate amended
H.R. 3351 (by substitution the entire text of the bill), and passed it
by unanimous consent on April 7, 2006.

**[Cost to Taxpayer:]{.underline}** According to CBO, implementing H.R.
3351 would increase direct spending by \$7 million in 2006 and about
\$230 million over the FY06-FY15 period. CBO also estimates that
enacting the legislations would "increase revenues by \$7 million in
FY06 and about \$230 million over the FY06-FY15 period."

[**Does the Bill Expand the Size and Scope of the Federal
Government?**:]{.underline} Yes, the bill increases the BIA loan program
limit by \$1 billion.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-]{.underline}**

[**Sector Mandates?**:]{.underline} No.

**[Constitutional Authority:]{.underline}** According to a draft report,
the Resources Committee cites constitutional authority in Article I,
Section 8 but does not provide a specific clause. However, the Indian
Commerce Clause (Clause 3) provides authority to regulate Commerce with
the Indian tribes.

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

## H.R. 2720 --- Salt Cedar and Russian Olive Control Demonstration Act--- as introduced (Pearce, R-NM)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, May 2, 2006, under a motion to suspend the rules
and pass the bill. **Under Republican Conference rules, bills that
create new programs are not allowed to be scheduled on suspension. The
elected Republican Leadership has waived the Conference Rule with regard
to H.R. 2720, which authorizes a new program.**

**[NOTE:]{.underline}** On February 24, 2004, a similar bill creating a
new Salt Cedar program was considered by the House and passed by a vote
of 367 - 40 ([Roll no.
26](http://clerk.house.gov/cgi-bin/vote.asp?year=2004&rollnumber=26)).
<http://clerk.house.gov/evs/2004/roll026.xml>

**[Summary]{.underline}:** The bill **authorizes \$80 million** over
five years to create a **[new]{.underline}** demonstration program, to
authorize new reports and to create new grants to help in crafting one
of the reports on the salt cedar and Russian olive tree invasion. H.R.
2720 requires that, within a year after funds become available, the
Secretary of Agriculture in cooperation with the Secretary of the
Interior, complete an assessment (authorized at no more than \$4
million) of "the extent of salt cedar and Russian olive invasion" in the
western U.S.

[]{.mark}

Under the bill, the Interior Secretary must prepare a report to Congress
identifying long-term management and funding strategies to address the
invasion of salt cedar and Russian olive. The bill authorizes the
Interior Secretary to make grants of no less than \$250,000 to eligible
entities to help in this report. The bill authorizes not more than \$2
million for the report and the grants.

The bill authorizes not more than \$7 million *each* for **at least five
new demonstration projects**, to demonstrate and evaluate the most
effective methods of controlling salt cedar and Russian olive trees. The
projects must be proposed by and implemented in collaboration with
federal agencies, units of state and local government, national
laboratories, Indian tribes, institutions of higher education,
individuals, organizations, or soil and water conservative districts.
The federal share of a project on non-federal lands may not exceed 75%,
and an annual report is required for the duration of these projects.

Not later than one year after funds are first made available, \$3
million is authorized for the Secretaries of Agriculture and Interior to
complete "an analysis of economic means to use or dispose of biomass
created as a result of removal of salt cedar and Russian olive trees."

**[Additional Information:]{.underline}** According to the Committee,
salt cedar, or tamarisk, is a small, deciduous, invasive tree introduced
to the Southwest from Eurasia as a stream bank stabilizer and ornamental
shrub. It has evolved into a dominant riparian tree in the low elevation
stretches of the Colorado River basin, with a substantial depleting
impact on already scarce water resources in the West. According to
estimates, one tamarisk can absorb 300 gallons of water per day, thanks
to the invasive's deep and expansive root system. The committee cites
one study, which concluded that replacing tamarisk with cottonwood and
other native vegetation along the Colorado River would save as much as
462,100 acre-feet of water annually, or 150 billion gallons.

**[Possible Conservative Concerns:]{.underline}** Some conservatives may
be concerned that this bill, which creates a new program, is being
considered on the suspension calendar, when Republican Conference rules
specifically were changed to prohibit new programs from coming up
unamendable on the suspension calendar. If the bill were to be
considered under regular order, amendments could be offered to offset
the cost of the new program or consolidate or eliminate existing
programs so as not to increase the overall size of the Departments of
Interior and Agriculture.

**[Committee Action]{.underline}:** On May 26, 2005, the bill was
introduced and referred to the House Committees on House Resources &
Agriculture. The Resources Committee marked it up and reported it by
unanimous consent on November 16, 2005. The Agriculture Committee
discharged the bill without consideration on December 13, 2005.

**[Cost to Taxpayers]{.underline}**: According to CBO, H.R. 2720 would
authorize the appropriation of \$80 million (\$20 million for 2006, and
\$15 million for each of FY07-10) to create a new program, demonstration
projects, and various reports.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes.

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

**[Administration Position:]{.underline}** In a July 24, 2003 hearing,
the Deputy Chief of Programs, Legislation and Communications at the US
Forest Service at the USDA testified, "The authorized funding is not in
the President's budget and therefore must be considered within existing
resources. **The actions outlined in the bill can be achieved within
existing authorities.**" (Source:
http://resourcescommittee.house.gov/archives/108/testimony/elizabethestill0724.htm)

The Department of the Interior testified that there are numerous efforts
currently underway to address the olive and cedar issue. "Current
Departmental programs and activities focus control and management
efforts for tamarisk on areas with resources at risk Departmental land
management operations focus significant funding for tamarisk control on
refuges, national parks and monuments, and along irrigation canals under
the jurisdiction of the Bureau of Reclamation." The Interior Department
representative continued, "Among other things, in FY 2003 we have funded
through this initiative projects that are aimed at the eradication and
control of tamarisk, Russian olive, and other invasive plants, and
reclamation of impacted lands." Regarding demonstration projects
Interior testified, "the Department is currently working with our
partners to develop and implement an integrated approach to management
of this species" and "the Department notes that the actions called for
in HR 2707 \[the 108th bill\]can be achieved within existing
authorities." (Source:
http://resourcescommittee.house.gov/archives/108/testimony/jamestate0724.htm)

**[Constitutional Authority]{.underline}**: The Committee (in Report No.
109-341) finds authority under Article I, Section 8 (Powers of Congress)
but fails to cite a specific authority.

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

**H.R. 3929 --- Dana Point Desalination Project Authorization Act-- *as
reported* (Calvert, R-CA)**

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, May 2, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 3929 adds a new section to the Water
Desalination Act of 1996, which **authorizes \$2.5 million** for the
Secretary of the Interior to assist in research and development,
environmental and feasibility studies, and preliminary engineering for
the **new** Municipal Water District of Orange County, California, Dana
Point Desalination Project located at Dana Point, California. The bill
clarifies that the federal share is not to exceed 25% of the total costs
of new project. H.R. 3929 terminates this authority of the Secretary 10
years after the date of enactment.

**[Additional Information]{.underline}**: According to Committee Report
109-335, the new \$2.5 million authorized in H.R. 3929 is for the
Municipal Water District of Orange County to conduct engineering and
environmental studies at the Dana Point Desalination Project. If the
studies conclude the project can be conducted within Bureau of
Reclamation guidelines, then the full project would be implemented,
delivering roughly 20,000 acre-feet of water per year to individuals in
Orange County, CA. In addition, the Committee Report states, "The
Federal Government can play a limited but important role in developing
desalination technologies."

**[Committee Action]{.underline}**: H.R. 3929 was introduced on
September 28, 2005, and referred to the House Committee on Resources,
which held two mark-ups and reported the bill to the House by unanimous
consent on December 12, 2005. The bill was also referred to the House
Committee on Science, which took no official action.

**[Cost to Taxpayers]{.underline}**: According to CBO, implementation of
H.R. 3929 will cost \$2.5 million over the 2006-2007 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill authorizes \$2.5 million in
new money for a specific project, which has not previously received
federal funds. In addition, the bill sets precedence for future federal
funding and involvement in developing desalination technologies for
specific regions of the country.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-]{.underline}**

**[Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: The Committee finds
authority in Article I, 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**: Joelle Cannon; joelle.cannon@mail.house.gov;
(202) 226-0718.

**H.R. 3418 --- Central Texas Water Recycling Act --- *as reported
(Edwards, D-TX)***

**[Order of Business]{.underline}**: The bill, as amended, is scheduled
for consideration on Tuesday, May 2, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: Amends the Reclamation Wastewater and
Groundwater Study and Facilities Act by adding a new section that
authorizes the Secretary of Interior, in cooperation with the City of
Waco and other participating communities in the Central Texas Water
Recycling and Reuse Project, to participate in the design, planning, and
construction of permanent facilities to reclaim and reuse water in
McLennan County, Texas. The bill clarifies that the federal share is not
to exceed 25% of the total costs of new project. H.R. 3418 terminates
this authority of the Secretary 10 years after the date of enactment.

**[Additional Information]{.underline}**: According to Committee Report
109-442, cities in Central Texas are growing rapidly in population,
placing a heightened demand on the water supply. The McLennan
County/Waco Regional Satellite and Reuse Project, located in near Lake
Waco, Texas, will be "used to treat and recycle wastewater generated by
the City of Waco and six neighboring communities." The Report outlines
that the project will cost an estimated \$25 million.

**[Committee Action]{.underline}**: H.R. 3418 was introduced on June 25,
2005 and referred to the House Committee on Resources, which held a
mark-up and reported the bill by unanimous consent on April 27, 2006.

**[Cost to Taxpayers]{.underline}**: CBO estimates implementation of
H.R. 3418 will cost \$6 million over the 2007-2012 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes. The bill would authorize federal
involvement and funding for a new project in Texas.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-]{.underline}**

**[Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: The Committee finds
authority in Article I, 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**: Joelle Cannon; joelle.cannon@mail.house.gov;
(202) 226-0718.

H.R. 4943 --- Prevention of Fraudulent Access to Phone Records Act ---
*as reported* (Barton, R-TX)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Tuesday, May 2, 2006, under a motion to suspend the
rules and pass the bill.

Note: The House passed a separate bill, H.R. 4709, last week under
suspension concerning surreptitiously obtaining telephone records by a
vote of 409-0. Click here to read the RSC Legislative Bulletin on H.R.
4709: <http://www.house.gov/pence/rsc/doc/LB_042506_Suspensions.doc>

**[Summary]{.underline}:** H.R. 4943 would make "pretexting" (the
collection information about a person under false pretenses) for
telephone records illegal and would strengthen the security measures
taken by telecommunications carriers to protect such records. The
specific provisions of H.R. 4943 are listed below:

-   Prohibits obtaining or disclosing (or attempting to) customer
    proprietary network information of another person by false pretenses
    (defined in the bill, such as making false statements, submitting
    forged documents, etc.);

-   Prohibits soliciting a person to obtain customer information under
    false pretenses;

-   Prohibits the sale or disclosure of customer information obtained
    under false pretenses;

-   Exempts law enforcement from the above provisions, so long as
    obtaining the records is regarding official duties and in accordance
    with applicable laws;

-   Expands protection for detailed customer records by
    telecommunications carriers, and provides for specific requirements
    for telecommunications carriers, partners, and contractors;

-   Includes a number of congressional findings regarding the nation's
    communications networks and private telephone and communications
    records, such as "Ensuring the privacy of sensitive individual
    telephone calling records, both wireline and wireless, is of utmost
    importance. The information gathered and retained by communication
    providers can convey details about aspects of an individual's life,
    including who they call, when they call, the duration of such calls,
    the frequency of their communications, information about their
    purchases, informational inquiries, political or religious
    interests, or other affiliations;"

-   Prohibits the sale (rent, or lease) of general or detailed customer
    proprietary network information to include customer telephone
    records;

-   Directs the FCC, within 180 days of enactment, to proscribe
    regulations adopting more stringent security standards for customer
    information to "detect and prevent violations" of the Act;

-   Requires the FCC to submit a report to Congress on the effectiveness
    of the regulations within this Act;

-   Requires the FCC to submit an annual report to Congress containing
    the number and disposition of all enforcement actions pursuant to
    this Act;

-   Provides for increased fines by the FCC for violation of this Act;
    and

-   Stipulates that the FTC and the FCC must enforce the provisions of
    this Act.

[**Committee Action**:]{.underline} H.R. 4943 was introduced on March
14, 2006, and referred to the Committee on Energy and Commerce. The
Committee reported the bill to the House on March 16, 2006 (H. Rept.
[109-398](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr398):)).

[**Cost to Taxpayers**:]{.underline} Assuming appropriation of the
necessary amounts, CBO estimates that "implementing the bill would cost
the FCC less than \$500,000 in 2006 and about \$5 million over the
2007-2011 period to enforce the bill's provisions regarding the personal
information of telecommunications customers, write regulations, audit
security systems, and prepare reports. We estimate that implementing the
bill would not have a significant effect on FTC spending."

CBO also states that "the bill could increase federal revenues as a
result of the collection of additional civil penalties assessed for
violations of the new laws and regulations. Collections of civil
penalties are recorded in the budget as revenues. CBO estimates,
however, that any additional revenues that would result from enacting
the bill would not be significant because of the relatively small number
of cases likely to be involved."

[**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}**: Yes, H.R. 4943 includes
private-sector mandates, as described above. CBO also states that H.R.
4943 "would impose new private-sector mandates, as defined in UMRA, by
expanding the customer privacy requirements for telecommunications
carriers. The bill would require such carriers to receive express prior
authorization from the customer before using, accessing or disclosing
their phone records to joint venture partners, independent contractors
or others. Based on information from government sources, the direct cost
for carriers to comply with this new requirement could be nominal."

**[Constitutional Authority]{.underline}**: The Committee Report, H.
Rept.
[109-398](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr398):),
cites constitutional authority for this legislation in Article 1,
Section 8, and Clause 3 (regulate Commerce) of the Constitution.

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. 697--- Congratulating the people and Government of Italy, the
Torino Olympic Organizing Committee, the International Olympic
Committee, the United States Olympic Committee, the 2006 United States
Olympic Team, and all international athletes upon the successful
completion of the 2006 Olympic Winter Games in Turin, Italy**

**--- *as reported* (Hyde, R-IL)**

**[Order of Business]{.underline}**: The resolution, as amended, is
scheduled for consideration on Tuesday, May 2, 2006, under a motion to
suspend the rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 697 resolves that the House of
Representatives:

-   "commends the people and Government of Italy, and specifically the
    people of Turin and the surrounding Alpine areas, the Torino Olympic
    Organizing Committee, and the International Olympic Committee upon
    the successful completion of the 2006 Olympic Winter Games;

-   "congratulates the United States Olympic Committee, the 2006 United
    States Olympic Team, and all international athletes for their
    outstanding performances at the 2006 Olympic Winter Games;

-   "expresses gratitude to the thousands of volunteers and others who
    made the 2006 Olympic Winter Games exciting, safe, and successful;
    and

-   "expresses support to the 2006 United States Paralympic Team in the
    upcoming Paralympic Winter Games."

**[Additional Information]{.underline}**: The 2006 Winter Olympic Games
were held during February in Turin, Italy, and nearly 2,600 athletes
from over 80 countries competed in the games. Over 200 athletes from the
United States competed in Italy, bringing home 25 metals, including nine
gold metals. Turin was also home to the 2006 Paralympic Winter Games,
which were held in March. The U.S. athletes competing in the Paralympic
Games brought home 12 metals, including seven gold metals.

**[Committee Action]{.underline}**: H.Res. 697 was introduced on
February 28, 2005 and referred to the House Committee on International
Relations, which held a mark-up and reported the bill by unanimous
consent on April 6, 2006.

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

[**Sector Mandates?**:]{.underline} No.

**RSC Staff Contact**: Joelle Cannon; joelle.cannon@mail.house.gov;
(202) 226-0718.

H.Con.Res. 392---Recognizing the 58^th^ anniversary of the independence
of the State of Israel (Rep. Wilson, R-SC)

**[Order of Business]{.underline}:** The resolution is scheduled for
consideration on May 2, 2006, under a motion to suspend the rules and
pass the resolution.

**[Summary]{.underline}:** H.Con.Res. 392 would resolve that Congress:

-   "recognizes the independence of the State of Israel as a significant
    event in providing refuge and a national homeland for the Jewish
    people;

-   "commends the bipartisan commitment of all United States
    administrations and United States Congresses since 1948 to stand by
    Israel and work for its security and well-being;

-   "congratulates the United States and Israel for the strengthening of
    bilateral relations in the past year in the fields of defense,
    trade, and homeland security and encourages both nations to continue
    their cooperation in resolving future mutual challenges; and

-   "extends warm congratulations and best wishes to the people of
    Israel as they celebrate the 58th anniversary of Israel's
    independence."

**[Additional Information:]{.underline}** On May 14, 1948, the State of
Israel was established as a sovereign and independent nation, and the
United States was "one of the first nations to recognize Israel, only 11
minutes after its creation." Additionally, the resolution states,
"Israel provided a refuge to Jews who survived the horrors of the
Holocaust and the evils committed by the Nazis which were unprecedented
in human history, and Israel continues to serve as a shining model of
democratic values by regularly holding free and fair elections,
promoting the free exchange of ideas, and vigorously exercising in its
Parliament, the Knesset, a democratic government that is fully
representative of its citizens."

Israel's Independence Day on the Jewish calendar coincides this year
with May 3, 2006.

[**Committee Action**:]{.underline} H.Con.Res. 392 was introduced on
April 26, 2006, and referred to the House Committee on International
Relations, which took no official action on the resolution.

[**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.Con.Res. 90 --- Conveying the sympathy of Congress to the families of
the young women murdered in the State of Chihuahua, Mexico, and
encouraging increased United States involvement in bringing an end to
these crimes --- *as reported* (*Solis, D-CA*)

**[Order of Business]{.underline}:** The resolution is scheduled for
consideration on Tuesday, May 2, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}:** H.Con.Res. 90 explains and condemns the
ongoing abduction and murder of hundreds of young women in the state of
Chihuahua, Mexico; expresses condolences to the victims' families; and
encourages increased U.S. involvement in bringing an end to these
crimes.

Among other items, H.Con.Res. resolves that Congress:

-   "encourages the Secretary of State to continue to include in the
    annual Country Report on Human Rights of the Department of State all
    instances of improper investigatory methods, threats against human
    rights activists, and the use of torture with respect to cases
    involving the murder and abduction of young women in the State of
    Chihuahua;

-   "encourages the Secretary of State to urge the Government of Mexico
    and the State of Chihuahua to review the cases of murdered women in
    which those accused or convicted of murder have credibly alleged
    they were tortured or forced by a state agent to confess to the
    crime;

-   "strongly recommends that the United States Ambassador to Mexico
    visit Ciudad Juarez and the city of Chihuahua for the purpose of
    meeting with the families of the victims, women\'s rights
    organizations, and Mexican Federal and State officials responsible
    for investigating these crimes and preventing future such crimes;
    and

-   "strongly supports the work of the special commissioner to prevent
    violence against women in Ciudad Juarez and Chihuahua City."

The resolution also states numerous findings, including:

-   "the Mexican cities of Ciudad Juarez and Chihuahua have been plagued
    with the abduction, sexual assault, and brutal murders of more than
    370 young women since 1993;

-   "there have been at least 30 murders of women in Ciudad Juarez and
    the city of Chihuahua since 2004;

-   "at least 137 of the victims were sexually assaulted prior to their
    murders;

-   "more than half of the victims are women and girls between the ages
    of 13 and 22, and many were abducted in broad daylight in
    well-populated areas;

-   "the Federal special prosecutor, in her ongoing review of the Ciudad
    Juarez murder investigations, found evidence that over 100 police,
    prosecutors, forensics experts, and other State of Chihuahua justice
    officials failed to properly investigate the crimes, and recommended
    that they be held accountable for their acts of negligence, abuse of
    authority, and omission; and

-   "Mexico is a party to the following international treaties and
    declarations that relate to abductions and murders: the Charter of
    the Organization of American States, the American Convention on
    Human Rights, the Universal Declaration of Human Rights, the
    International Covenant on Civil and Political Rights, the
    International Covenant on Economic, Social and Cultural Rights, the
    Convention on the Elimination of all Forms of Discrimination Against
    Women, the United Nations Declaration on Violence Against Women, the
    Convention on the Rights of the Child, the Convention of Belem do
    Para, the Inter-American Convention to Prevent and Punish Torture,
    the Inter-American Convention on Forced Disappearance, and the
    United Nations Declaration on the Protection of All Persons From
    Enforced Disappearance."

[**Committee Action**:]{.underline} H.Con.Res. 90 was introduced on
March 9, 2005, and referred to the Committee on International Relations'
Subcommittee on the Western Hemisphere. The bill was marked-up on March
15, 2006, and it was reported to the House by unanimous consent on 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. 658 -- Supporting the goals and ideals of World Water Day ---
*as introduced* (*Rogers*, D-TX)**

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Tuesday, May 2nd, under a motion to suspend the rules and
pass the resolution.

**[Summary]{.underline}**: H.Res. 658 resolves that the House of
Representatives:

-   "supports the goals and ideals of World Water Day;

-   "encourages the people of the United States to observe World Water
    Day with appropriate recognition, ceremonies, activities, and
    programs to demonstrate the importance of water and water
    conservation to humanity; and

-   "recognizes the importance of conserving and managing water
    resources for sustainable development, including environmental
    integrity and the eradication of poverty and hunger, and human
    health and overall quality of life in the United States and across
    the globe."

**[Additional Information]{.underline}:** According to the resolution,
"initiatives that promote access to safe drinking water and sanitation
that prevents contaminants from infiltrating fresh drinking water
supplies are vital tools in raising the awareness of the importance of
freshwater to the quality of life," and "freshwater is vital to the
development, sustainability, and progression of all humanity."

According to the UN Department of Economic and Social Affairs, "Agenda
21 is a comprehensive plan of action to be taken globally, nationally
and locally by organizations of the United Nations System, Governments,
and Major Groups in every area in which human impacts on the
environment." World Water Day stems from Agenda 21's Chapter 18, which
pertains to fresh water resources. The day is a UN designated observance
that encourages governments to turn UN suggestions into law. One of the
assertions of Chapter 18 is that, "\[i\]n developing and using water
resources, priority has to be given to the satisfaction of basic needs
and the safeguarding of ecosystems. Beyond these requirements, however,
water users should be charged appropriately." Chapter 18 encourages
centralized planning of water distribution on a national level and a
"from each according to his ability, to each according to his need"
sharing of water resources on a global level.

**[Committee Action]{.underline}**: On January 31, 2006, the bill was
referred to the House Committee on International Relations. The
committee considered it and reported it to the full House by unanimous
consent on March 15, 2006.

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

**\###**