![](media/image1.jpeg){width="6.489583333333333in"
height="1.15625in"}**Legislative
Bulletin...........................................December 4, 2007**

> **Contents:**
>
> **H.R. 1497---**To amend the Lacey Act Amendments of 1981 to extend
> its protections to plants illegally harvested outside of the United
> States, and for other purposes
>
> **H.Con.Res. 147**---Recognizing 200 years of research, service to the
> people of the United States, and stewardship of the marine environment
> by the National Oceanic and Atmospheric Administration and its
> predecessor agencies, and for other purposes
>
> **H.R. 3998---**To authorize the Secretary of the Interior to conduct
> special resources studies of certain lands and structures to determine
> the appropriate means for preservation, use, and management of the
> resources associated with such lands and structures
>
> **H.R. 2246---**To validate certain conveyances made by the Union
> Pacific Railroad Company of lands located in Reno, Nevada, that were
> originally conveyed by the United States to facilitate construction of
> transcontinental railroads, and for other purposes
>
> **H.R. 236---**To authorize the Secretary of the Interior to create a
> Bureau of Reclamation partnership with the North Bay Water Reuse
> Authority and other regional partners to achieve objectives relating
> to water supply, water quality, and environmental restoration
>
> **H.R. 662---**To amend the Reclamation Safety of Dams Act of 1978 to
> authorize improvements for the security of dams and other facilities
>
> **H.R. 2085**---To authorize the Secretary of the Interior to convey
> to the McGee Creek Authority certain facilities of the McGee Creek
> Project, Oklahoma, and for other purposes
>
> **H.R. 3887**---William Wilberforce Trafficking Victims Protection
> Reauthorization Act of 2007
>
> **H.R. 4118**---To exclude from gross income payments from the Hokie
> Spirit Memorial Fund to the victims of the tragic event, loss of life
> and limb, at Virginia Polytechnic Institute & State University
>
> **H.R. 710**---Charlie W. Norwood Living Organ Donation Act

H.R. 1497---To amend the Lacey Act Amendments of 1981 to extend its
protections to plants illegally harvested outside of the United States,
and for other purposes (*Blumenauer, D-OR)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, December 4, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 1497 would amend the Lacey Act
Amendments of 1981 to prohibit the importation of illegally harvested or
transported plants. The bill would define plants as any member of the
plant kingdom, including roots, seed, or parts of plants.

The bill would also bar the exportation, sale, or purchase of any plant
taken in contradiction of U.S. or international law or taken without
paying applicable royalties, taxes, or stumpage fees where the taking
occurs.

Those who knowingly violate the Lacey Act would face a maximum penalty
of up to five years in prison and maximum fines of \$250,000 for
individuals and \$500,000 for organizations.

H.R. 1497 would take effect 180 days after the enactment of the bill.

**[Additional Background]{.underline}**: According to the U.S. Fish and
Wildlife Service, the Lacey Act Amendments of 1981 were passed to
streamline laws regarding interstate and foreign commerce involving
fish, wildlife, and certain plants. Under the Lacey Act Amendments it is
unlawful to import, sell, or purchase fish, wildlife, and certain plants
taken, transported, or sold in violation of U.S., Indian, state, or
foreign law. H.R. 1497 expands the definition of "plants" to include
timber harvested overseas.

As amended in committee, H.R. 1497 is supported by the the American
Forest & Paper Association (AF&PA), a national trade association of the
forest, pulp, paper, paperboard, and wood products industry. According
to the AF&PA, illegal logging depresses legally harvested wood prices
and costs U.S. wood exporters approximately \$460 million annually. To
read the AF&PA's entire statement on H.R. 1497, [click
here](http://www.afandpa.org/Template.cfm?Section=Home&Template=/PressRelease/PressReleaseDisplay.cfm&PressReleaseID=873).

[**Committee Action**:]{.underline} H.R. 1497 was introduced on March
12, 2007, and referred to the Committee on Natural Resources, which
referred the bill to the Subcommittee on Fisheries, Wildlife, and
Oceans. On November 7, 2007, the subcommittee discharged the bill and
the full committee held a mark-up and reported the bill, as amended, by
voice vote.

[**Cost to Taxpayers**:]{.underline} A CBO score for H.R. 1497 was not
available at press time.

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

[]{.mark}

**[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."

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

**H.Con.Res. 147---Recognizing 200 years of research, service to the
people of the United States, and stewardship of the marine environment
by the National Oceanic and Atmospheric Administration and its
predecessor agencies, and for other purposes (Brown, R-SC)**

**[Order of Business]{.underline}**: H.Con.Res. 147 is scheduled to be
considered on Tuesday, December 4, 2007, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Con.Res. 147 would express that the
Congress:

-   recognizes that for over 200 years, the National Oceanic and
    Atmospheric Administration and its predecessor agencies have been
    providing to the Nation research to improve human understanding of
    the oceans and atmosphere, service, and stewardship of the marine
    environment, through products and services that protect lives and
    property, strengthen the economy, and support and sustain our
    coastal and marine resources;

-   "recognizes the vision of President Thomas Jefferson in supporting
    the advancement of science, and the survey of the coast in
    particular, to the welfare and commercial success of the Nation;

-   "recognizes the contributions made over the last 200 years by the
    past and current employees and officers of the Coast Survey, the
    National Geodetic Survey, and the Center for Operational
    Oceanographic Products and Services of the National Oceanic and
    Atmospheric Administration; and

-   "encourages the people of the United States to salute and share in
    the planned celebrations of these historic programs during 2007 with
    ceremonies designed to give appropriate recognition to one of our
    oldest and most respected Federal agencies on the occasion of its
    bicentennial anniversary."

The resolution lists several findings, including:

-   "the Act of February 10, 1807, signed by President Thomas Jefferson,
    authorized and requested the President 'to cause a survey to be
    taken of the coast of the United States \... together with such
    other matters as he may deem proper for completing an accurate chart
    of every part of the coasts';

-   "the Coast Survey was established to carry out the duties
    established under such Act, and was the first Federal science agency
    of the United States;

-   "over time additional duties were granted to such agency, including
    geodetic surveying and tide and current monitoring and predictions,
    and such agency was later renamed the Coast and Geodetic Survey;

-   "during the 20th century such agency, by then renamed the Coast and
    Geodetic Survey, advanced the development and marine applications of
    electronics and acoustics, including the development of Radar
    Acoustic Ranging, radio sono-buoys, and the Roberts Radio Current
    Meter Buoy;

-   "today these mapping and charting, geodesy, and tide and current
    data programs are located in the National Ocean Service of NOAA in
    the Coast Survey, the National Geodetic Survey, and the Center for
    Operational Oceanographic Products and Services;

-   "the devotion, industry, efficiency, and enterprise of these people
    and programs over their 200-year history have set an enviable record
    of public service."

**[Committee Action]{.underline}**: H.Con.Res. 147 was introduced on May
5, 2007, and referred to the House Committee on House Natural Resources,
which referred the bill to the Subcommittee on Fisheries, Wildlife, and
Oceans on May 14, 2007. On June 5, 2007, subcommittee hearings were
held. No further official action was taken.

**[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}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.R. 3998---To authorize the Secretary of the Interior to conduct
special resources studies of certain lands and structures to determine
the appropriate means for preservation, use, and management of the
resources associated with such lands and structures (*Grijalva, D-AZ)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, December 4, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 3998 would direct the Secretary of
Interior to conduct ten special resources studies regarding the
suitability and feasibility of designating certain historic buildings
and areas across the country as units of the National Park System (NPS).
Each study would require the secretary to submit a report within three
years containing the results of the study and any recommendations.

The studies authorized in H.R. 3998 are listed below along with specific
criticisms of certain designations.

**Title I---Harry S. Truman Birthplace Study Act**

-   Would direct the Secretary of the Interior to conduct a study to
    determine whether it is suitable and feasible to designate the 2.5
    acres of the [Harry S Truman Birthplace State Historic
    Site](http://www.mostateparks.com/trumansite.htm) in Lamar, Missouri
    as a part of the National Park System (NPS).

**Title II---Lewis and Clark National Historic Trail Extension Study
Act**

-   Would direct the Secretary of the Interior to conduct a study to
    determine whether it is suitable and feasible to designate ["Eastern
    Legacy" sites](http://lewisandclarktrail.com/eastern.htm) on the
    "Lewis and Clark Trail", including sites in Virginia, the District
    of Columbia, Maryland, Delaware, Pennsylvania, West Virginia, Ohio,
    Kentucky, Tennessee, Indiana, Missouri, and Illinois as a part of
    the NPS.

**Title III---Battle of Matewan Study Act**

-   Would direct the Secretary of the Interior to conduct a study to
    determine whether it is suitable and feasible to designate [the
    Battle of Matewan
    site](http://tps.cr.nps.gov/nhl/detail.cfm?ResourceId=2207&ResourceType=District)
    in West Virginia as a part of the NPS.

**Title IV---Battle of Camden Study Act**

-   Would direct the Secretary of the Interior to conduct a study to
    determine whether it is suitable and feasible to designate [the
    Battle of Camden site](http://www.historic-camden.net/) in South
    Carolina as a part of the NPS.

**Title V---Mississippi River Study Act**

-   Would direct the Secretary of the Interior to conduct a study to
    determine whether it is suitable and feasible to designate the route
    of the Mississippi River in the counties contiguous to the river,
    from its headwaters in Minnesota to the Gulf of Mexico, as a part of
    the NPS.

-   Though there are hundreds of existing federal and local designations
    along the Mississippi River, this study would seek to find ways to
    connect each county contiguous to the river under one federal
    designation.

-   A NPS designation this large could potentially have significant
    effects on property owners along the Mississippi River by
    superceeding state and local land use laws. Additionally, the
    designation may pose a large cost to the federal government as it
    attempts to acquire land over such a large and geographically varied
    area.

**Title VI---Fort San Geronimo Study Act**

-   Would direct the Secretary of the Interior to conduct a study to
    determine whether it is suitable and feasible to designate [Fort San
    Geronimo](http://www.nps.gov/history/nr/travel/prvi/pr3.htm) near
    Old San Juan, Puerto Rico as a part of the NPS.

**Title VII---Wolf House Study Act**

-   Would direct the Secretary of the Interior to conduct a study to
    determine whether it is suitable and feasible to designate [the Wolf
    House](http://www.baxtercounty.org/wolf.html) located on Highway 5
    in Norfork, Arkansas as a part of the NPS.

-   The Wolf House, a large log cabin in Norfolk, Arkansas, is the
    oldest public building in the state.

-   According to the Natural Resource Committee Republicans, the Wolf
    House is not particularly notable and is better left under its
    current designation as a state historic site. The National Park
    Service does not support a study of the Wolf House.

**Title VII---Rim of the Valley Corridor Study Act**

-   Would direct the Secretary of the Interior to conduct a study to
    determine whether it is suitable and feasible to designate the Rim
    of the Valley Corridor, in the San Fernando, La Crescenta, Santa
    Clarita, Simi, and Conejo Valleys in and around Los Angeles,
    California, as a part of the NPS.

-   The vast scope of the designation coupled with the high cost of
    property in the area could lead to land rights issues and huge
    federal expenses while acquiring land in the area. Also, certain
    property rights advocates have suggested that the designation could
    be used as a means to stop private development in the area.

-   H.R. 3998 does not make any special considerations to address
    wildfire issues that may result from restricting local and state
    land management plans in the area.

**Title IX---Stranahan House, Trading Post and Campsite Study Act**

-   Would direct the Secretary of the Interior to conduct a study to
    determine whether it is suitable and feasible to designate the
    [Stranahan House](http://www.stranahanhouse.org/), located at 335
    S.E. 6th Avenue, Fort Lauderdale, Florida as a part of the NPS.

-   The Stranahan House, the oldest house in Ft. Lauderdale, is owned
    and operated by a non-profit organization which supports a federal
    designation and the annexation of an adjacent private lot for
    historic purposes.

-   Originally, H.R. 3998 would have included the private adjacent lot
    in the study, raising eminent domain concerns. However, the adjacent
    property is likely to be removed from inclusion in the final version
    of the bill.

**Title X---Butterfield Overland Trail Study Act**

-   Would direct the Secretary of the Interior to conduct a study to
    determine whether it is suitable and feasible to designate the
    [Butterfield Overland
    Trail](http://skyways.lib.ks.us/towns/RussellSprings/bttrfld.html)
    in the States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, New
    Mexico, Arizona, and California as a part of the NPS.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that the numerous National Park System (NPS) studies
included in the bill would further deplete the NPS' already scarce
resources and may impact private property owners across the country.

Specifically, conservatives may be concerned that the Mississippi River
and Rim of Valley study acts could result in federal designations across
large areas of land. Conservatives may be concerned that such
designations could increase federal spending by directing the NPS to
acquire large amounts of privately owned land. Further, conservatives
may be concerned that these large designations may restrict use of
privately owned property and could disrupt local and state land use
strategies.

Some conservatives may also be concerned that H.R. 3998 would direct the
Secretary of the Interior to study two locations (the Wolf House and the
Stranahan House) which the NPS does not support putting under federal
management. Earlier this year the House passed H.R. 189, designating the
Paterson Great Falls National Historical Park despite the fact that the
NPS stated that the area did not meet the criteria to become a national
park. Some conservatives may be concerned that the Wolf House and the
Stranahan House would likely receive federal designations despite the
objections of the NPS.

[**Committee Action**:]{.underline} H.R. 3998 was introduced on October
30, 2007, and referred to the Committee on Natural Resources, which held
a mark-up on November 7, 2007, and was reported, as amended, by voice
vote.

[**Cost to Taxpayers**:]{.underline} According to CBO, H.R. 3998 would
authorize \$1 million in FY 2008 and \$3 million of the FY 2008 -- FY
2012 period, subject to appropriation.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, it creates ten new federal feasibility
studies to determine whether certain areas should become national parks.

[]{.mark}

**[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."

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.R. 2246---To validate certain conveyances made by the Union Pacific
Railroad Company of lands located in Reno, Nevada, that were originally
conveyed by the United States to facilitate construction of
transcontinental railroads, and for other purposes (Heller, R-NV)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, December 4, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 2246 would release U.S. reversionary
interest in approximately 120 acres of land in Reno, Nevada. The land
was initially given by the U.S. government to the Union Pacific Railroad
for the construction of a transcontinental railway and was later sold to
the city by the railroad.

**[Additional Background]{.underline}**: Reversionary interest is an
interest that a party has in property which they formerly possessed, but
is owned by another party. Under a reversionary interest, ownership of
the land that was purchased by the city might revert back to the U.S. in
certain circumstances, such as abandonment. Though the land was
purchased and is owned by the City of Reno, the U.S. government may
still have to claim reversionary interest in legal situations. H.R. 2246
would release any U.S. reversionary interest and thereby validate the
conveyance from the Union Pacific Railroad to the City of Reno.

[**Committee Action**:]{.underline} H.R. 2246 was introduced on May 9,
2007, and referred to the Committee on Natural Resources, which referred
the Subcommittee on National Parks, Forests, and Public Lands. On
November 7, 2007, the subcommittee discharged the bill and the full
committee held a mark-up and reported the bill, as amended, by unanimous
consent.

[**Cost to Taxpayers**:]{.underline} According to CBO, H.R. 2246 would
have no effect on the federal budget.

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

[]{.mark}

**[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."

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.R. 236---To authorize the Secretary of the Interior to create a Bureau
of Reclamation partnership with the North Bay Water Reuse Authority and
other regional partners to achieve objectives relating to water supply,
water quality, and environmental restoration

*(Thompson, D-CA)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, December 4, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 236 would authorize the Secretary of the
Interior to participate in the design, planning, and construction of two
phases of a water project to reuse and reclaim water in the North Bay
Water Reuse Authority located in the North San Pablo Bay watershed in
California. The project would take place in Marin, Napa, Solano, and
Sonoma counties. The bill would authorize the Secretary pay \$25 million
of the cost of the first phase. The funds would remain available until
expended.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that H.R. 236 would authorize \$25 million for a local
water reclamation project in Northern California.

[**Committee Action**:]{.underline} H.R. 236 was introduced on January
4, 2007, and referred to the Committee on Natural Resources, which
referred the Subcommittee on Water and Power. On October 16, 2007, the
subcommittee held a mark-up and reported the bill, as amended, to the
full committee. On November 15, 2007, the committee held a mark-up and
reported the bill, as amended, by unanimous consent.

[**Cost to Taxpayers**:]{.underline} According to CBO, H.R. 2246 would
authorize \$10 million in FY 2008 and \$25 million over the FY 2008 --
FY 2012 period.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, it creates a new federal water
reclamation project in Northern California.

[]{.mark}

**[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."

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.R. 1662---To amend the Reclamation Safety of Dams Act of 1978 to
authorize improvements for the security of dams and other facilities
*(Napolitano, D-CA)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, December 4, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 1662 would cap the amount of
reimbursements that the Bureau of Reclamation could receive from
customers for added site security at \$18.9 million, adjusted annually
for inflation. Among the costs that could be reimbursed under the bill
would be the cost of security guards and patrols as well as the
operation and maintenance of water facility fortifications. Costs for
construction, modification, or replacement of the facility
fortifications could not be reimbursed under the bill and would have to
be paid by the federal government.

H.R. 1662 would allow the Department of Interior to develop security
policies for reclamation facilities and establish reimbursement
procedures with its customers. The Department would be required to
submit annual reports to Congress regarding security operations at
reclamation facilities including security expenditures and reimbursement
information.

Any security costs that existed prior to September 11, 2001, would
remain reimbursed by the Bureau's water and power customers.

**[Additional Background]{.underline}**: According to the Natural
Resources Committee, the Bureau of Reclamation increased security at
critical water and reclamation facilities following the attacks of
September 11, 2001. These security improvements greatly increased annual
operating expenses at many water reclamation facilities. Prior to
September 11, 2001, security expenses at these facilities were
relatively low and were reimbursed by water and power customers who used
the federal facilities. Since the cost of security has gone up, the
federal government pays a share of the security expenses while
collecting a portion from reimbursements paid by customers.

H.R. 1662 would set the maximum annual amount of reimbursements that the
federal government may collect at \$18.9 million (the amount requested
for FY 2007), indexed for inflation. Reimbursements could be used to pay
the cost of security guards and the operation and maintenance of water
facility fortifications, but construction, modification, or replacement
of the facility fortifications would have to be paid by the federal
government.

[**Committee Action**:]{.underline} H.R. 1662 was introduced on March
23, 2007, and referred to the Committee on Natural Resources, which
referred the Subcommittee on Water and Power. On April 19, 2007, the
subcommittee held a mark-up and reported the bill, as amended, to the
full committee. On November 7, 2007, the committee held a mark-up and
reported the bill, as amended, by unanimous consent.

[**Cost to Taxpayers**:]{.underline} According to CBO, H.R. 1662 would
have no significant impact on the budget because the Bureau of
Reclamation is not expected to charge more than \$18.9 million, adjusted
annually for inflation, under current law.

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

[]{.mark}

**[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."

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.R. 2085---To authorize the Secretary of the Interior to convey to the
McGee Creek Authority certain facilities of the McGee Creek Project,
Oklahoma, and for other purposes (Fallin, R-OK)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, December 4, 2007, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: H.R. 2085 would authorize the Secretary of
Interior to convey the McGee Creek Project water pipeline, surge tank,
regulating tank, and operational facilities to the McGee Creek Authority
located in Oklahoma City, Oklahoma. The conveyance is pursuant to an
agreement regarding title transfer made with the McGee Creek Authority
in 2006.

H.R. 2085 would stipulate that any minerals located on any land being
conveyed would be retained by the federal government.

The bill would also stipulate that following the conveyance the McGee
Creek Authority would be responsible for all duties and costs associated
with the operation of the facility and would not be eligible to receive
federal funding for the operation of the facility.

**[Additional Background]{.underline}**: According to the City of
Oklahoma City, the McGee Creek Authority became responsible for the
operation of the McGee Creek Dam and Reservoir Project in 1990 and has
operated the facilities since. The project, located near Atoka,
Oklahoma, is a multi-purpose water use facility that combines a dam, a
dike, and a water reservoir to provide water to the Oklahoma City area.
In 2006, an agreement was made to hand possession of the facilities over
from the federal government (which initially paid for the facilities) to
the McGee Creek Authority (which currently pays for and operates the
facilities.

[**Committee Action**:]{.underline} H.R. 2085 was introduced on May 1,
2007, and referred to the Committee on Natural Resources, which referred
the Subcommittee on Water and Power. On October 16, 2007, the
subcommittee held a mark-up and reported the bill to the full committee.
On November 15, 2007, the committee held a mark-up and reported the bill
by unanimous consent.

[**Cost to Taxpayers**:]{.underline} According to CBO, H.R. 2085 would
have no impact of the federal budget.

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

[]{.mark}

**[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."

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717.

H.R. 3887 --- William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007 *(Lantos, D-CA)*

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, December 4, 2007 under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 3887 reauthorizes human trafficking
programs funded through the Departments of State, Justice, Labor, and
Health and Human Services including reauthorizing the Office to Monitor
and Combat Trafficking within the State Department.

H.R. 3887 contains new programs designed to assist foreign governments
in their efforts to investigate private entities for trafficking and
labor exploitation. In addition, H.R. 3887 provides resources for
individuals in immigrant communities regarding their rights in their
current country.

H.R. 3887 establishes grants to provide "technical assistance and other
support for foreign governments and nongovernmental organizations to
provide immigrant populations with information regarding the rights of
such populations in the foreign country; technical assistance to provide
legal frameworks and other programs to foreign governments and
nongovernmental organizations to ensure that foreign migrant workers are
provided protection equal to nationals of the foreign country, that
labor recruitment firms are regulated, and that workers providing
domestic services in households are provided protection under labor
rights laws; and assistance to foreign governments to register
vulnerable populations as citizens or nationals of the country to reduce
the ability of traffickers to exploit such populations."

H.R. 3887 makes new grants available to carry out programs which would
monitor the effectiveness of anti-trafficking programs. In addition,
H.R. 3887 requires that the President establish a system to monitor and
evaluate the effectiveness and efficiency of anti-trafficking programs.
The bill authorizes up to two percent of the amount made available to
carry out this section.

H.R. 3887 sets new actions to be taken against governments who fail to
meet minimum standards for anti-trafficking efforts. Specifically, H.R.
3887 determines that any country that is designated to be on the State
Department's "Watch List" for two consecutive years shall no longer be
eligible to receive non-humanitarian and non-trade sanctions by the
United States if no plan for progress has, or is, being implemented in
the country.

H.R. 3887 sets up a new database which will combine all "applicable data
collected by each Federal department and agency represented on an
Interagency Task Force to Monitor and Combat Trafficking."

H.R. 3887 authorizes the President to establish an award entitled the
"Presidential Award for Extraordinary Efforts to Combat Trafficking in
Persons." This award may be given to no more than five individuals or
organizations (U.S. and foreign) each year. H.R. 3887 authorizes "such
sums" as necessary (FY 2008 -- FY 2011) for this section.

H.R. 3887 requires a report to Congress from the Department of State
regarding the feasibility of establishing a system to monitor the
treatment of aliens who have been admitted to the U.S. as
non-immigrants.

In addition, H.R. 3887 requires a report to Congress regarding the
Department of Labor's monitoring and combating of forced labor and child
labor, including any and all progress made toward developing
anti-trafficking methods.

H.R. 3887 includes the following sense of Congress: "It is the sense of
Congress that the Secretary of State, in conjunction with the
International Labor Organization, the United Nations Office of Drug and
Crime Prevention, and other relevant international and nongovernmental
organizations, should seek to establish a multilateral framework between
labor exporting and labor importing countries to ensure that workers
migrating between such countries are protected from trafficking in
persons and worker exploitation of any kind."

H.R. 3887 grants individuals who are brought into the U.S.
investigations or prosecutions related to human trafficking to apply for
T Visas. This applies to not only the individual brought into the
country for the purpose of the investigation, but their parents and
siblings as well. Additionally, H.R. 3887 expands the reasons for a
human trafficking victim to remain in the United States.

H.R. 3887 requires that the Department of Homeland Security author a
pamphlet regarding the legal rights and resources for work-based
non-immigrants. The pamphlet is to contain information regarding the
nonimmigrant visa application processes, the illegality of slavery,
human trafficking, sexual assault, and worker exploitation, the services
available for victims of "severe forms" of trafficking and worker
exploitation, and the legal rights of immigrant victims of worker
exploitation.

H.R. 3887 establishes a new grant program through the Department of
Health and Human Services (HHS) and the Department of Justice (Attorney
General) to provide assistance to U.S. citizens who are victims of
severe forms of trafficking by developing, expanding, and strengthening
victim service programs. H.R. 3887 authorizes \$65 million to the HHS
and the Department of Justice (\$32.5 million for each agency) from FY
2008 -- FY 2011.

H.R. 3887 extends the jurisdiction of U.S. courts to foreign
jurisdictions for trafficking crimes which are committed outside of the
U.S. but that involve U.S. nationals and U.S. permanent residents, as
well as any offender present in the U.S., irrespective of the
nationality of the alleged offender.

H.R. 3887 requires that the Department of Justice (DOJ) establish within
the Office of the Deputy Attorney General a "Coordinator to Combat Human
Trafficking". The duties of the Coordinator are to ensure coordination
of policies relating to victims of trafficking among various offices and
components of the DOJ, to monitor and review assistance to victims of
trafficking, etc.

Regarding the trafficking of children, H.R. 3887 contains the following
sense of Congress: "It is the sense of the Congress that, to the extent
consistent with the treaties and other international agreements to which
the United States is a party, and to the extent practicable, the United
States Government should undertake efforts to protect children from
severe forms of trafficking and ensure that it does not repatriate
children in Federal custody into settings that would threaten their life
or safety."

H.R. 3887 establishes a "repatriation pilot program" within the
Department of State (in conjunction with non-governmental organizations
and other national and international agencies and experts) which would
"protect children from trafficking and exploitation ... develop and
implement best practices to ensure the safe and secure repatriation and
reintegration of unaccompanied alien children into their country of
nationality or of last habitual residence, including placement with
their families or other sponsoring agencies." H.R. 3887 contains
exceptions for children who have committed crimes, or who the Department
of Homeland Security determines may be a threat to national security.
H.R. 3887 will also implement a program to appoint independent guardians
ad litem for child trafficking victims and other vulnerable
unaccompanied alien children.

Regarding preventative measures taken against the use of children
soldiers, H.R. 3887 includes a Sense of Congress which condemns the use
and recruitment of child soldiers. Additionally, H.R. 3887 prohibits
U.S. military assistance (including munitions) to be given to countries
that recruit and use child soldiers. H.R. 3887 requires that the
Secretary of State includes a list of such countries in the annual human
trafficking report. H.R. 3887 also includes a Presidential waiver for
this prohibition.

**[Additional Background]{.underline}**: According to CRS, "since
enactment of the Victims of Trafficking and Violence Protection Act of
2000 ([P.L.
106-386](http://www.congress.gov/cgi-lis/bdquery/R?d106:FLD002:@1(106+386))),
the Administration and Congress have aimed to address the human
trafficking problem. The Trafficking Victims Protection Reauthorization
Act of 2005 (TVPRA), which President Bush signed into law on January 10,
2006 ([P.L.
109-164](http://www.congress.gov/cgi-lis/bdquery/R?d109:FLD002:@1(109+164))),
authorizes appropriations for FY2006 and FY2007. The TVPRA increases
support to foreign trafficking victims in the United States, addresses
some of the needs of child victims, and directs U.S. agencies to develop
anti-trafficking programs for post-conflict situations and humanitarian
emergencies abroad."

According to CRS, "Trafficking in people for prostitution and forced
labor is one of the most prolific areas of international criminal
activity and is of significant concern to the United States and the
international community. The overwhelming majority of those trafficked
are women and children. According to the most recent Department of State
estimates, roughly 800,000 people are trafficked across borders each
year. If trafficking within countries is included in the total world
figures, official U.S. estimates are that some 2 to 4 million people are
trafficked annually. However, there are even higher estimates, ranging
from 4 to 27 million for total numbers of forced or bonded laborers. As
many as 17,500 people are believed to be trafficked to the United States
each year. Human trafficking is now a leading source of profits for
organized crime, together with drugs and weapons, generating billions of
dollars. Trafficking in persons affects virtually every country in the
world."

H.R. 3887 is named after William Wilberforce, a British Parliamentarian
who fought to abolish the global slave trade in the 19th Century.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that H.R. 3887 would authorize \$872 million through 2011
and create numerous federal programs.

**[Committee Action]{.underline}**: H.R. 3887 was introduced on October
18, 2007 and was referred to the House Committee on Ways and Means, as
well as the House Committee on Foreign Affairs, House Committee on the
Judiciary, and the House Committee on Energy and Commerce. The Committee
on Foreign Affairs marked up H.R. 3887 on October 23, 2007 and reported
the bill, as amended, by voice vote.

**[Cost to Taxpayers]{.underline}**: According to a CBO score, H.R. 3887
would authorize the appropriation of \$207 million in 2008 and \$872
million over the 2008-2011 period. In addition, H.R. 3887 "would
increase the responsibilities of the Department of Labor (DOL) with
respect to foreign labor contractors and spending by the Department of
Health and Human Services (HHS) on medical and foster care for certain
unaccompanied alien children. In total, CBO estimates that implementing
the bill would increase discretionary costs by about \$825 million over
the 2008-2012 period, assuming appropriation of the specified and
estimated amounts. In addition, CBO estimates H.R. 3887 would increase
direct spending by \$1 million in 2008, \$20 million over the 2008-2012
period, and \$61 million over the 2008-2017 period, primarily by
expanding eligibility for certain public assistance programs. Finally,
the bill would increase collections of certain fines (recorded as
revenues), but CBO estimates those effects would not be significant."

According to this score, the bill violates PAYGO.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}** Yes, H.R. 3887 establishes new programs and
grant programs.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}** According to CBO, "section 4 of
Unfunded Mandates Reform Act (UMRA) excludes from the application of
that act any legislative provisions that enforce the constitutional
rights of individuals. CBO has determined that section 236(d)(5)
addresses the due process rights of aliens in certain legal proceedings
and thus would fall within that exclusion. Therefore, CBO has not
reviewed that section of the bill for intergovernmental and
private-sector mandates."

In addition, CBO states, "H.R. 3887 also would impose private-sector
mandates, as defined in UMRA, on foreign labor contractors and employers
who use such contractors. (Foreign labor contractors include persons who
recruit, solicit, or hire foreign workers living outside the United
States for employment in the United States.) The bill would require
foreign labor contractors to obtain a certificate of registration from
DOL before engaging in contracting activities and to disclose certain
information in writing about employment opportunities. In addition, the
bill would require employers who use foreign labor contractors to use
only those that have registered with DOL. Based on information from DOL,
CBO estimates the aggregate direct cost to comply with those mandates
would not exceed the annual threshold for private-sector mandates
established in UMRA (\$131 million in 2007, adjusted annually for
inflation)."

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}**: According to Foreign
Affairs Committee [House Report
110-430](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr430):),
"H.R. 3887 does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI."

**[Constitutional Authority]{.underline}**: According to Foreign Affairs
Committee [House Report
110-430](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr430):),
"Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives, the Committee finds the authority for this legislation
in article I, section 8 of the Constitution and the Thirteenth Amendment
to the Constitution."

**[RSC Staff Contact]{.underline}**: Sarah Makin;
<sarah.makin@mail.house.gov>; 202-226-0718.

H.R. 4118 --- To exclude from gross income payments from the Hokie
Spirit Memorial Fund to the victims of the tragic event, loss of life
and limb, at Virginia Polytechnic Institute & State University

*(Boucher, D-VA)*

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, December 4, 2007 under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 4118 would ensure that any money
received from the Virginia Polytechnic Institute & State University
(specifically from the Hokie Spirit Memorial Fund established by the
Virginia Tech Foundation) as payment in connection with the tragic
event, loss of life and limb, on April 16, 2006 at Virginia Tech, shall
not be considered as gross income.

**[Additional Background]{.underline}**: The Virginia Tech Massacre was
a [school shooting](http://en.wikipedia.org/wiki/School_shooting) on
[April 16](http://en.wikipedia.org/wiki/April_16),
[2007](http://en.wikipedia.org/wiki/2007), on the [Virginia
Tech](http://en.wikipedia.org/wiki/Virginia_Polytechnic_Institute_and_State_University)
campus in
[Blacksburg](http://en.wikipedia.org/wiki/Blacksburg%2C_Virginia),
[Virginia](http://en.wikipedia.org/wiki/Virginia). The shooter,
[Seung-Hui Cho](http://en.wikipedia.org/wiki/Seung-Hui_Cho), killed 32
people and wounded many more, before committing suicide. This tragedy
marks the deadliest [school
shooting](http://en.wikipedia.org/wiki/School_shooting) in U.S. history.

The Hokie Spirit Memorial Fund was established by the Virginia Tech
Foundation, an organization organized and operated as described in
section 501(c)(3) of the Internal Revenue Code of 1986.

**[Committee Action]{.underline}**: H.R. 4118 was introduced on November
8, 2007 and was referred to the House Committee on Ways and Means, where
no official action was taken.

**[Cost to Taxpayers]{.underline}**: A CBO score for this bill was not
available at press time.

**[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.

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

**[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."

**[RSC Staff Contact]{.underline}**: Sarah Makin;
<sarah.makin@mail.house.gov>; 202-226-0718.

H.R. 710---Charlie W. Norwood Living Organ Donation Act

(Norwood, R-GA)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, December 4, 2007 under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: Provides that criminal penalties do not apply
to paired donations of human kidneys.

H.R. 710 defines \"human organ paired donation\" as the donation and
receipt of a human organ under the following circumstances:

1.  An individual (the first donor) desires to make a living donation of
    a human organ specifically to a particular patient (the first
    patient), but such donor is biologically incompatible with such
    patient;

2.  A second individual (the second donor) desires to make a such a
    donation to a second patient, but is biologically incompatible with
    such patient;

3.  The first donor is biologically compatible to the second patient,
    and the second donor is biologically compatible to the first
    patient;

4.  All donors and patients enter into a single agreement to donate and
    receive such organs;

5.  No valuable consideration is knowingly acquired, received, or
    otherwise transferred with respect to the organs.

Additionally, H.R. 710 requires that the Secretary of Health and Human
Services report to Congress on the progress made toward understanding
the long-term health effects of living organ donation and provides that
nothing in this Act alters or amends the Social Security Act or its
regulations.

**[Background Information]{.underline}**: An amendment in the Senate
stripped a provision in the House version of the bill which would have
provided additional funding for the Medicare Physician Assistance and
Quality Initiative Fund. This version of H.R. 710 provides that nothing
in the Act alters or amends the Social Security Act or its regulations.

**[Committee Action]{.underline}**: H.R. 710 was introduced on January
29, 2007 and was referred to the House Committee on Energy and Commerce.
On March 7, 2007, the House passed H.R. 710 by 422 - 0 ([Roll no.
126](http://clerk.house.gov/cgi-bin/vote.asp?year=2007&rollnumber=126)).
On July 9, 2007, the Senate passed H.R. 710, with an amendment, by
unanimous consent.

**[Cost to Taxpayers]{.underline}**: A CBO score for this bill was not
available at press time.

**[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.

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

**[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."

**[RSC Staff Contact]{.underline}**: Sarah Makin;
<sarah.makin@mail.house.gov>; 202-226-0718.

\###