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# Legislative Bulletin....................................................December 13, 2005

**Contents:**

**H.R. 3508 ---** 2005 District of Columbia Omnibus Authorization Act

**H.Res. 487 ---** Supporting the goals and ideals of Korean American
Day

**H.R. 4295 ---** Mont and Mark Stephensen Veterans Memorial Post Office
Building Designation Act

> **H.R. 4107** --- Maryland State Delegate Lena K. Lee Post Office
> Building Designation Act
>
> **H.Con.Res. 218** --- Recognizing the centennial of sustained
> immigration from the Philippines to the United States and
> acknowledging the contributions of our Filipino-American community to
> our country over the last century
>
> **H.Res. 574** --- Congratulating the Los Angeles Galaxy on their
> victory in the 2005 Major League Soccer championship
>
> **H.R. 975** --- TRAIL Act
>
> **H.R. 3443** --- To direct the Secretary of the Interior to convey
> certain water distribution facilities to the Northern Colorado Water
> Conservancy District
>
> **H.R. 853** --- To remove certain restrictions on the Mammoth
> Community Water District's ability to use certain property acquired by
> that District from the United States
>
> **H.R. 125** --- To authorize the Secretary of the Interior to
> construct facilities to provide water for irrigation, municipal,
> domestic, military, and other uses from the Santa Margarita River,
> California, and for other purposes
>
> **H.R. 452** --- To authorize the Secretary of the Interior to conduct
> a study to determine the suitability and feasibility of designating
> the Soldiers' Memorial Military Museum located in St. Louis, Missouri,
> as a unit of the National Park System
>
> **S. 1047 ---** Presidential \$1 Coin Act of 2005
>
> **H.R. 3422** --- Small Public Housing Authority Act
>
> **H.R. 280** --- Brownfields Redevelopment Enhancement Act
>
> **H.R. 798 ---**Methamphetamine Remediation Research Act of 2005

H.R. 3508 --- 2005 District of Columbia Omnibus Authorization Act---*as
reported* (Tom Davis, R-VA)

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

**[Summary]{.underline}**: H.R. 3508 would amend various federal laws
applicable to the operation of the District of Columbia (DC) government.
Highlights of the bill are as follows:

-   Authorizes DC, subject to certain conditions, to spend up to 6% of
    unappropriated local funds during the 2006-2007 fiscal years, to
    allow DC to respond to unforeseen budget circumstances.

-   Allows DC to tap into reserve funds, under certain circumstances and
    only if they replenish such funds before the end of the fiscal year
    or within nine months (whichever is sooner). No more than 50% of any
    funds could be utilized in any fiscal year.

-   Terminates the authority of the U.S. Secretary of Education to
    appoint people to the DC Public Charter School Board.

-   Allows DC to enter into an interstate insurance compact.

-   Increases the pay cap available for non-judicial employees in DC
    courts from Executive Schedule IV to Executive Schedule III.
    According to the Government Reform Committee, this provision would
    "put the non-judicial personnel of the DC Courts on par with the
    non-judicial employees of the federal courts in the District."

-   Provides the DC Court of Appeals and the DC Superior Court with the
    authority to conduct business outside DC, in the event of an
    emergency.

-   Allows the Court Services and Offender Supervision Agency to use
    volunteers in administering its services. Such volunteers would be
    treated as federal employees for the purposes of workers'
    compensation.

-   Permanently establishes the existing DC Chief Financial Officer
    (CFO) and details various procedures and duties for the CFO. The
    bill would also rename various finance-related entities in the DC
    Government and place them under the authority of the CFO. The Mayor
    would nominate the CFO, subject to the DC Council's advice and
    consent, for five-year terms. Congress would [not]{.underline} have
    to approve the appointment. The CFO would have independent authority
    to make personnel and procurement decisions.

-   Requires that all of the DC Council's permanent bills and
    resolutions be accompanied by a fiscal impact statement before final
    passage. Permanent and emergency acts that are accompanied by a
    fiscal impact statement reflecting unbudgeted costs would be subject
    to federal appropriations before becoming effective.

-   Authorizes the Court Services and Offender Supervision Agency to
    accept gifts of space and training (during fiscal years 2006
    through 2008) to support offender and defendant programs. The bill
    would also authorize the Public Defender Service to charge fees
    (during fiscal years 2006 through 2008) to cover the costs of
    materials distributed to attendees of educational events.

-   Exempts the evaluation process for DC public school employees from
    collective bargaining.

-   Permanently exempts DC government employees from federal civil
    service laws.

-   Prohibits the CFO from renewing or extending a noncompetitively bid
    contract (during fiscal years 2006 through 2008), unless done so in
    accordance with duly promulgated rules and procedures.

-   Authorizes the Mayor to accept, obligate, and expend federal,
    private, or other grants received by DC that are not reflected in
    the District's congressionally-approved budget, provided that
    certain reporting requirements are met.

-   Requires DC to use any fines generated from violations of DC's
    alcohol-related traffic laws exclusively for the enforcement and
    prosecution of such laws.

-   Requires the CFO to establish certification procedures for attorneys
    in cases brought under the Individuals with Disabilities Education
    Act (IDEA).

The bill contains a variety of purely technical and conforming
amendments to various statutes related to the federal role in DC
government operations.

**[Committee Action]{.underline}**: The bill was referred to the
Government Reform Committee on July 28, 2005. On September 15^th^, the
Committee marked up and ordered the bill reported to the full House by
voice vote.

**[Cost to Taxpayers]{.underline}**: CBO estimates that this bill would
have no impact on 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}**: CBO reports: "Because most
provisions of H.R. 3508 would codify current law and practice, the bill
contains no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act and would impose no costs on the
District of Columbia."

**[Constitutional Authority]{.underline}**: The Government Reform
Committee, in House Report 109-267, cites constitutional authority in
Article I, Section 8, Clause 17 (the power of Congress "to exercise
exclusive Legislation in all Cases whatsoever, over such District").

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

H.Res. 487 --- Supporting the goals and ideals of Korean American
Day---*as reported* (Tom Davis, R-VA)

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

**[Summary]{.underline}**: H.Res. 487 would resolve that the House:

-   "supports the goals and ideals of a Korean American Day;

-   "urges all Americans to observe Korean American Day so as to have a
    greater appreciation of the invaluable contributions Korean
    Americans have made to United States; and

-   "honors and recognizes the 103rd anniversary of the arrival of the
    first Korean immigrants to the United States."

**[Additional Background]{.underline}**: The Centennial Committees of
Korean Immigration and Korean Americans have designated January 13 of
each year as Korean American Day.

The resolution notes that, on January 13, 1903, 102 Korean immigrants
arrived in the United States.

**[Committee Action]{.underline}**: On October 7, 2005, the resolution
was referred to the Government Reform Committee, which marked it up on
November 16^th^ and ordered it reported by unanimous consent.

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

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

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

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

**H.R. 4295 --- Mont and Mark Stephensen Veterans Memorial Post Office
Building Designation Act --- *as introduced* (Cannon, R-UT)**

**[Order of Business:]{.underline}** The bill is scheduled for
consideration on Tuesday, December 13, 2005, under a motion to suspend
the rules and pass the bill.

**[Summary:]{.underline}** H.R. 4295 designates the U.S. Postal Service
facility located at 12760 South Park Avenue in Riverton, Utah, as the
"Mont and Mark Stephensen Veterans Memorial Post Office Building."

**[Additional Information:]{.underline}** According to BYU, Mont
Stephensen attended BYU in 1939 and joined the Army Air Corp during the
war. He was a flight commander in the 559th Bombardment Squadron; where
his plane was known as the "Bridge Busters". While on a bombing mission
over Germany on December 23, 1944, his plane was shot down and Captain
Stephensen was listed as being killed in action. He was buried in
Luxemburg, Germany, and later as the war ended, his remains were brought
to the U.S. and buried in Riverton, UT with full military honors.

On the 19th of August, 1982, Hill AFB renamed the base theatre after
Captain Mont Stephensen and his brother, Lieutenant Colonel Mark
Stephensen who was killed in Viet Nam. (Source:
http://memorialhall.byu.edu/ww2/mstephensen.html)

**[Committee Action]{.underline}:** H.R. 4295 was introduced on November
10, 2005, and referred to the Committee on Government Reform, which
considered it and reported it to the full House on November 16, 2005, by
unanimous consent.

**[Cost to Taxpayers]{.underline}**: The only costs associated with a
postal facility renaming are those for sign and map changes, none of
which significantly affect the federal budget.

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

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

**[Constitutional Authority:]{.underline}** Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 of the Constitution grants Congress the authority to establish
Post Offices and post Roads.

**[RSC Staff Contact:]{.underline}** Sheila Cole;
Sheila.cole@mail.house.gov; 226-9719

**H.R. 4107 --- Maryland State Delegate Lena K. Lee Post Office Building
Designation Act *(Cummings, (D-MD)***

**[Order of Business:]{.underline}** The bill is scheduled for
consideration on Tuesday, December 13, 2005, under a motion to suspend
the rules and pass the bill.

**[Summary:]{.underline}** H.R. 4107 designates the U.S. Postal Service
facility located at 1826 Pennsylvania Avenue in Baltimore, Maryland, as
the "Maryland State Delegate Lena K. Lee Post Office Building."

**[Additional Information:]{.underline}** According to the sponsor's
office, in 1952, State Delegate Lena K. Lee became the third woman to
receive her law degree from the University of Maryland School of Law. In
1967, she began a fifteen-year term as the first African American female
lawyer to serve in the Maryland House of Delegates. She received the
Presidential Citation from the National Association for Equal
Opportunity in Higher Education as well as membership into the Maryland
Women's Hall of Fame. (Source:
<http://www.house.gov/cummings/press/05nov16a.htm>)

**[Committee Action]{.underline}:** H.R. 4107 was introduced on October
20, 2005, and referred to the Committee on Government Reform, which
considered it and reported it to the full House on November 16, 2005, by
unanimous consent.

**[Cost to Taxpayers]{.underline}**: The only costs associated with a
postal facility renaming are those for sign and map changes, none of
which significantly affect the federal budget.

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

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

**[Constitutional Authority:]{.underline}** Although no committee report
citing constitutional authority is available, Article I, Section 8,
Clause 7 of the Constitution grants Congress the authority to establish
Post Offices and post Roads.

**[RSC Staff Contact:]{.underline}** Sheila Cole;
Sheila.cole@mail.house.gov; 226-9719

**H.Con.Res. 218 --- Recognizing the centennial of sustained immigration
from the Philippines to the United States and acknowledging the
contributions of our Filipino-American community to our country over the
last century --- *as introduced (Case,* D-HI)**

**[Order of Business:]{.underline}** The resolution is scheduled for
consideration on Tuesday, December 13, 2005, under a motion to suspend
the rules and pass the bill.

**[Summary:]{.underline}** H.Res. 218 recognizes 2006 as "the centennial
of sustained immigration from the Philippines" and states that it is
resolved by the House, with the Senate concurring, that the Congress:

> "(1) recognizes the centennial of sustained immigration from the
> Philippines to the United States;
>
> "(2) acknowledges the achievements and contributions of Filipino
> Americans over the past century; and
>
> "(3) requests that the President issue a proclamation calling on the
> people of the United States to observe this milestone with appropriate
> celebratory and educational programs, ceremonies and other
> activities."

**[Additional Information:]{.underline}** According to the resolution's
findings, the U.S. and the Philippines have enjoyed a long and
productive relationship, including the period of United States
governance between 1898 and 1946, and the period post-independence
starting in 1946, "during which the Philippines has taken its place
among the community of nations and has been one of our country's most
loyal and reliable allies internationally." The resolution notes the
ties between the U.S. and the Philippines began in earnest in 1906, when
15 Filipino contract laborers arrived in the then-Territory of Hawaii to
work on the islands' sugar plantations, the beginnings of an emigration
from the Philippines to Hawaii. In addition, 1906 also saw the first
class of two hundred "pensionados" arrive from the Philippines to obtain
U.S. educations with the intent of returning, although many later became
United States citizens and helped form the foundation of today's
Filipino-American community. According to the 2000 census, almost 2.4
million Americans of Filipino ancestry live throughout the U.S.

**[Committee Action]{.underline}:** H.Con.Res. 218 was introduced on
July 26, 2005, and referred to the Committee on Government Reform, which
considered it and reported it to the full House on November 16, 2005, by
unanimous consent.

**[Cost to Taxpayers]{.underline}**: None.

[**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}** Sheila Cole;
Sheila.cole@mail.house.gov; 226-9719

**H.Res. 574 --- Congratulating the Los Angeles Galaxy on their victory
in the 2005 Major League Soccer championship --- *as introduced*
*(Becerra, D-CA)***

**[Order of Business:]{.underline}** The resolution is scheduled for
consideration on Tuesday, December 13, 2005, under a motion to suspend
the rules and pass the bill.

**[Summary:]{.underline}** H.Res. 574 states that it is resolved that
the House of Representatives:

> "(1) congratulates the Los Angeles Galaxy on their victory in the 2005
> Major League Soccer championship; and
>
> "(2) recognizes the dedication and teamwork of all the players,
> coaches, and staff of the Galaxy, all of whom were instrumental in
> helping the Galaxy win their second MLS Cup championship."

**[Additional Information:]{.underline}** On November 13, 2005, the Los
Angeles Galaxy won the 2005 Major League Soccer (MLS) championship by
defeating the New England Revolution 1-0 in MLS Cup 2005, in Frisco,
Texas. The Galaxy went undefeated during the 2005 MLS playoffs,
advancing to the MLS Cup by defeating the top-seeded San Jose
Earthquakes and the Colorado Rapids in the Western Conference playoffs
and scoring seven goals and allowing just one over the span of four
games, which included three shutouts. Midfielder Guillermo Ramirez, who
scored the game-winning goal of MLS Cup 2005 in overtime, was selected
as the game's Most Valuable Player, joining fellow Guatemalan and 2002
MLS Cup MVP Carlos Ruiz as the only Galaxy players ever to win this
prestigious award. According to the resolution's findings, the owner of
the Los Angeles Galaxy, Anschutz Entertainment Group, "has made the
Galaxy the model MLS club through sound management and by instilling a
team-first philosophy." In addition, the findings state that the Galaxy
"have the most devoted and spirited fans" who contributed to eight sold
out home games and brought the average home game attendance to 24,000
people this season.

**[Committee Action]{.underline}:** H.Res. 574 was introduced on
November 18, 2005, and referred to the Committee on Government Reform,
which took no official action.

**[Cost to Taxpayers]{.underline}**: None.

[**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}** Sheila Cole;
Sheila.cole@mail.house.gov; 226-9719

> **H.R. 975** ---**Trail Responsibility and Accountability for the
> Improvement of Lands (TRAIL) Act --- *as reported* (Tancredo, R-CO)**

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

**[Summary]{.underline}**: H.R. 975 would provide consistent enforcement
to the Bureau of Land Management, the U.S. Forest Service, the National
Park Service, and the U.S. Fish and Wildlife Service authorities through
two classes of fines and penalties (Class A and Class B misdemeanors)
for violations of laws regarding the management, use, and protection of
public lands. All collected fines would be used to cover the cost of any
repair work needed because of the action that resulted in the fine,
increase awareness of public land regulations, or cover administrative
or legal expenses related to the actions. Any excess funds would be
returned to the U.S. Treasury. The bill also establishes a minimum fine
of \$500 for violation of fire rules and regulation on public lands if
the violation was the result of reckless conduct, occurred in an area
subject to a complete on open fires, and resulted in damage to public or
private property.

**[Additional Background:]{.underline}** According to the Committee
Report (H.Rept. 109-128, Part I):

> Each of the four federal land management agencies have different
> penalties for violations carried out on public lands. For example,
> typically a violation on Bureau of Land Management land would result
> in a tougher penalty than a violation on Forest Service land. This
> legislation would provide consistent laws for the violation of
> provisions under the four land management agencies' organic acts or
> any regulation issued under those acts. Because in general the public
> does not distinguish between different land management agencies, the
> consistency in these laws will aid in clearing up confusion with the
> public while also serving as a deterrent.

**[Committee Action]{.underline}**: The bill was introduced on February
17, 2005, and referred to the Resources Committee, which reported the
bill on June 14^th^ for consideration by the full House of
Representatives.

**[Cost to Taxpayer:]{.underline}** According to CBO, H.R. 975 would
have no significant impact on 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-]{.underline}**

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

[]{.mark}

**[Constitutional Authority:]{.underline}** The Committee finds
authority in Article I, Section 8 of the United States 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." *\[emphasis added\]*

[]{.mark}

**[RSC Staff Contact]{.underline}**: Russ Vought,
[russell.vought@mail.house.gov]{.underline}, (202) 226-8581

> **H.R. 3443** --- **To direct the Secretary of the Interior to convey
> certain water distribution facilities to the Northern Colorado Water
> Conservancy District --- *as amended* (Musgrave, R-CO)**

**[Order of Business:]{.underline}** The bill is expected to be
considered on Tuesday, December 13^th^, under a motion to suspend the
rules and pass the bill, as amended.

**[Summary]{.underline}**: H.R. 3443 would convey 58 miles of water
distribution facilities (St. Vrain Supply Canal, Boulder Creek Supply
Canal, and South Platte Supply Canal) to the Northern Colorado Water
Conservancy District. The bill finds that the District has completed its
repayment obligations under the Colorado-Big Thompson Project and would
not be required to provide additional consideration to receive the
facilities. In addition, H.R. 3443 states that (1) the United States
would not be liable for damages arising from its prior ownership or
operation of the facilities and (2) that the water rights of those who
use such facilities would not be impacted.

[]{.mark}

**[Additional Background:]{.underline}** According to the Committee
Report (H.Rept. 109-290), the Colorado-Big Thompson Project was
authorized in 1937, to provide water for agriculture through dams,
reservoirs, pumping plants, pipelines, and other facilities over a 250
mile area. The Project is owned by the Department of Interior's Bureau
of Reclamation, and the Northern District Colorado Water Conservancy
District is its local government sponsor.

[]{.mark}

**[Committee Action]{.underline}**: The bill was introduced on July 26,
2005, and referred to the Resources Committee, which reported the bill
on October 19^th^ for consideration by the full House of
Representatives.

**[Cost to Taxpayer:]{.underline}** A CBO cost estimate for H.R. 3443 is
not yet available.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No. The bill reduces the size of the federal
government by conveying federal land holdings.

**[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 United States 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." *\[emphasis added\]*

[]{.mark}

**[RSC Staff Contact]{.underline}**: Russ Vought,
[russell.vought@mail.house.gov]{.underline}, (202) 226-8581

> **H.R. 853** ---**To remove certain restrictions on the Mammoth
> Community Water District's ability to use certain property acquired by
> that District from the United States --- *as reported* (McKeon,
> R-CA)**

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

**[Summary]{.underline}**: H.R. 4389 would allow the Mammoth Community
Water District to be used for other public purposes beyond treating
wastewater and office storage.

**[Additional Background]{.underline}**: According to the Committee
Report (H.Rept. 109-109), the federal government conveyed 25 acres from
the U.S Forest Service to the Mammoth Community Water District in 1987,
so long as the land was used for the same purposes for which they were
being used *prior* to the time of conveyance. As a result, roughly 13
acres of this land continues to be used for storage, but is no longer
needed for that purpose. The District may not change its use without
Congressional authorization.

**[Committee Action]{.underline}**: The bill was introduced on February
16, 2005, and referred to the Resources Committee, which reported the
bill on June 8th for consideration by the full House of Representatives.

**[Cost to Taxpayer:]{.underline}** According to CBO, H.R. 853 would
have no impact on 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-]{.underline}**

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

[]{.mark}

**[Constitutional Authority:]{.underline}** The Committee finds
authority in Article I, Section 8 of the United States 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." *\[emphasis added\]*

[]{.mark}

**[RSC Staff Contact]{.underline}**: Russ Vought,
[russell.vought@mail.house.gov]{.underline}, (202) 226-8581

> **H.R. 125** --- **To authorize the Secretary of Interior to construct
> facilities to provide water for irrigation, municipal, domestic,
> military, and other uses from the Santa Margarita River, California,
> and for other purposes --- *as reported* (Issa, R-CA)**

**[Order of Business:]{.underline}** The bill is expected to be
considered on Tuesday, December 13^th^, under a motion to suspend the
rules and pass the bill. A similar bill (H.R. 4389) passed in the
108^th^ Congress by voice vote.

**[Summary]{.underline}**: H.R. 4389 would authorize the Secretary of
the Interior to construct facilities to use the Santa Margarita River to
provide water for irrigation, municipal, domestic, military, and other
uses. The facilities would be located on the lower part of the river on
Camp Pendleton. Construction of the project could begin only if the
following conditions were met:

1.  The Fallbrook Public Utility District has entered into a repayment
    contract with the United States for its allocation of the
    construction costs, with interest, as applicable (repayment would
    take place over a period not to exceed 56 years);

2.  The State of California has granted permits to the Bureau of
    Reclamation for the benefit of the Department of the Navy and the
    Fallbrook District to use the water developed by the project;

> 3\. The Fallbrook District has agreed not to assert any prior right it
> may have to water in excess of the quantity deliverable to it under
> this Act; and
>
> 4\. The Secretary of the Interior has determined that the project has
> engineering and economic feasibility.

Sixty percent of the yield of the project would be allocated to the
Secretary of the Navy and forty percent would be allocated to the
Fallbrook Public Utility District. The bill authorizes \$60 million for
construction of the project and "such sums" for operation and
maintenance. This authorization sunsets after ten years.

**[Additional Background]{.underline}**: Currently the Fallbrook Public
Utility District relies on water supplies imported from the Colorado
River and northern California.

**[Committee Action]{.underline}**: The bill was introduced on January
4, 2005, and referred to the Resources Committee, which reported the
bill on November 16^th^ for consideration by the full House of
Representatives.

**[Cost to Taxpayer:]{.underline}** According to CBO, H.R. 4389 would
authorize \$0 for fiscal year 2006 and \$64 million (\$60 million plus
"such sums" for operations) over five years, subject to appropriations.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill authorizes a new project.

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

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

[]{.mark}

**[Constitutional Authority:]{.underline}** The Committee finds
authority in Article I, Section 8 of the United States 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." *\[emphasis added\]*

[]{.mark}

**[RSC Staff Contact]{.underline}**: Russ Vought,
[russell.vought@mail.house.gov]{.underline}, (202) 226-8581

> **H.R. 452** ---**To authorize the Secretary of Interior to conduct a
> study to determine the suitability and feasibility of designating the
> Soldiers' Memorial Military Museum located in St. Louis, Missouri, as
> a unit of the National Park System--- *as reported* (*Clay*, D-MO)**

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

**[Summary]{.underline}**: H.R. 452 would direct the Secretary of
Interior to determine the suitability and feasibility of designating the
Soldiers' Memorial Military Museum in St. Louis, Missouri, as a unit of
the National Park System.

[]{.mark}

**[Additional Background:]{.underline}** According to the Committee
Report (H.Rept. 109-319), the Memorial is a tribute to all of the
veterans living in the greater St. Louis area. It was originally
authorized by the City of St. Louis in 1923, and opened to the public on
Memorial Day in 1938. The City of St. Louis pays for the Memorial's
current annual budget of \$192,000, but "local officials have expressed
that the memorial faces an uncertain future *without federal assistance*
and would like a federal agency to take over administration of the site"
(emphasis added).

[]{.mark}

**[Committee Action]{.underline}**: The bill was introduced on February
1, 2005, and referred to the Resources Committee, which reported the
bill on December 6^th^ for consideration by the full House of
Representatives.

**[Cost to Taxpayer:]{.underline}** According to CBO, H.R. 452 would
cost roughly \$200,000 over the next three years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill requires a new study. In
addition, this particular study will determine the National Park System
could and should be expanded.

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

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

[]{.mark}

**[Constitutional Authority:]{.underline}** The Committee finds
authority in Article I, Section 8 of the United States 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." *\[emphasis added\]*

[]{.mark}

**[RSC Staff Contact]{.underline}**: Russ Vought,
[russell.vought@mail.house.gov]{.underline}, (202) 226-8581

> **S. 1047 --- Presidential \$1 Coin Act of 2005 (Sen. Sununu, R-NH)**

**[Order of Business:]{.underline}** The bill is scheduled for
consideration on Tuesday, December 13, 2005, under a motion to suspend
the rules and pass the bill. The House considered a companion bill, H.R.
902, on April 26, 2005 and it passed the House 422-6 on April 27, 2005
<http://clerk.house.gov/evs/2005/roll136.xml>. To see the RSC
Legislative Bulletin on H.R. 902 see
[http://www.house.gov/pence/rsc/doc/LB%204-26-05.pdf](http://www.house.gov/pence/rsc/doc/LB 4-26-05.pdf)

**[Summary:]{.underline}** Beginning in 2007, S. 1047 would direct the
Treasury to create a series of \$1 coins commemorating all former U.S.
Presidents, in order of their service, and issue four different designs
a year, while continuing to issue the Sacagawea \$1 coin. The
presidential coins would have an image of a former President and the
reverse would feature an image of the Statue of Liberty.

The bill would authorize the Mint to sell \$1 proof coins and
uncirculated versions. It also directs the Secretary of the Treasury to
issue 24K gold bullion coins honoring the spouse of each such President
during the same period in which the \$1 coins are issued. The gold coins
would have an image of the First Lady and the reverse would feature an
image emblematic of the First Lady's life and work. In addition, the
bill would authorize the Mint to sell bronze copies of the gold bullion
coin.

The legislation also would require the Mint to produce a new 24K gold
bullion 1 ounce \$20 coin. For the first year this coin would bear the
classic Indian Head 5-cent coin or "Buffalo nickel" design with a
mintage level of up to 500,000. After the first year of issuance,
Treasury would have the discretion to change the design and mintage
levels.

S. 1047 also would also authorize the U.S. Mint to make changes to the
design of the 1 cent coin. For calendar year 2009, four circulating and
one copper penny would be issued to commemorate the bicentennial
anniversary of the birth of Abraham Lincoln. Beginning in calendar year
2010 the reverse side of the penny would bear an emblematic image of
Lincoln's preservation of the United States as a single united country.

The bill requires the Director of the United States Mint, to "work
closely with consumer groups, media outlets, and schools to ensure an
adequate amount of news coverage, and other means of increasing public
awareness, of the inauguration of the Presidential \$1 Coin Program ...
to ensure that consumers know of the availability of the coin."

In addition, beginning January 1, 2006, S. 1047 requires all agencies of
the U.S. and all entities, including vending machines, operating on U.S.
properties to ensure that by the end of a 2-year period, their coin
operations will be fully capable of accepting and dispensing \$1 dollar
coins. In addition, numerous transit authorities are required to bring
their machines \$1 coin operable.

**[Possible Conservative Concerns:]{.underline}** According to the U.S.
Mint and the CBO, coins are cheaper to use than paper money,
particularly since they stay in circulation thirty or forty years, while
the average dollar bill wears out after just eighteen months. However,
according to a PBS NewsHour report in 1997, surveys have shown that 75
percent of the public prefers a paper dollar to a coin and past efforts
to encourage the public to use dollar coins have not been successful. In
March of 2002, after supplies outpaced demand for the Sacagawea Golden
Dollar \$1 coin, the U.S. Treasury halted production.

The CBO Cost Estimate for the House companion bill stated, "Taking into
account the experience of the 50 State Quarters program and the public's
continued resistance to the use of dollar coins, CBO expects that the
new \$1 Presidential coin would increase the public\'s interest in
collecting coins, but it would continue to face barriers to widespread
circulating use."

According to a Government Accountability Office (GAO) report, the Susan
B. Anthony dollar coin (originally minted in 1979 and again 1999) also
did not gain wide acceptance, primarily due to the fact that the dollar
bill was still being used. In response to these past performances, the
bill states in its findings that people would actively seek the coin if
a rotating design were to be struck on the coin. Thus, this bill
attempts to overcome past circulation shortcomings of the \$1 coins by
using a rotating design of former presidents.

According to a 1999 press release on U.S. Mint\'s website, To foster
acceptance of the Golden Dollar, the Mint is undertaking an
unprecedented consumer awareness and education campaign. Townhall.com
reported that the U.S. Treasury spent \$62 million promoting the use of
the Sacagawea \$1 coin. In 2001, the U.S. Mint still had 324 million
Sacagawea coins in storage. While the bill does not specifically outline
a process or provide funding for the promotion of the new \$1 coins, it
states the following in the Sense of the Congress section:

> []{.mark}
>
> *"the coins issued in connection with this title should not be
> introduced with an **overly expensive** taxpayer-funded public
> relations campaign"(emphasis added).*

Because the bill does not define "overly expensive," it is possible
another ad campaign could be launched to promote these coins.

**[Committee Action]{.underline}**: S. 1047 was introduced in the Senate
on May 17, 2005, and passed the Senate by unanimous consent on November
18, 2005. It was held at the desk in the House and not referred to
committee.

**[Cost to Taxpayers]{.underline}**: CBO estimates that S. 1047 would
not change direct spending in the first year but would decrease direct
spending by \$10 million over five years, and by \$25 million over the
2006-2015 period.

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

[**Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?**:]{.underline} It might be considered a
private mandate for private vending machine companies that have their
machines placed on U.S. property, to have to accept \$1 coins within two
years. According to CBO, S. 1047 would impose **significant costs** on
some state and local transit entities. Section 104 would require public
transit systems that receive federal funds to accept and dispense the
\$1 coin and to publicize this capability. Based on information from the
Comptroller General and state transportation officials, CBO believes
that most public transit systems already accept the \$1 coin in transit
fare machines; thus, those entities would not be significantly affected
by the requirement.

Some large transit entities\--for example the Bay Area Rapid Transit
District in California\--do not currently have the capability to accept
\$1 coins and would have to expend significant resources to retrofit or
replace fare machines. Furthermore, it is unclear whether other types of
machines\--for example parking meters\--would be required to accept the
dollar coin. If state and local entities need to change the way those
machines accept and dispense money, they could face significant
additional costs to retrofit machines or purchase new ones by January 1,
2007. Such costs, however, while potentially significant, would result
from complying with conditions of federal assistance.

**[Constitutional Authority:]{.underline}** The House Committee Report
cited authority for this legislation under Article 1, section 8, clause
1 (relating to the general welfare of the United States), clause 3
(relating to the power to regulate interstate commerce), and clause 5
(relating to the power to coin money).

**[RSC Staff Contact:]{.underline}** Sheila Cole;
Sheila.cole@mail.house.gov; 226-9719

**H.R. 3422 --- Small Public Housing Authority Act --- *as amended*
(Neugebauer, R-TX)**

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

**[Summary]{.underline}**: H.R.3422 exempts certain small public housing
agencies from the requirement of preparing an annual public housing
agency plan. In order for the agency to qualify for this exemption, it
must meet the following requirements:

-   "the sum of (1) the number of public housing dwelling units
    administered by the agency, and (2) the number of \[section 8\]
    vouchers ...administered by the agency, is 250 or fewer;

-   "the agency is not designated ...as a troubled public housing
    agency;

-   "the agency provides assurances satisfactory to the Secretary that
    notwithstanding the inapplicability of the requirements under this
    section relating to resident advisory boards and public hearings and
    notice, residents of public housing administered by the agency will
    have an adequate and comparable opportunity for participation and
    notice regarding establishment of the goals, objectives, and
    policies of the public housing agency."

Under current law, each public housing agency is to submit to the
Secretary of Housing and Urban Development (HUD), an annual public
housing agency plan for each fiscal year, as well as a five-year plan,
for which the public housing agency receives federal assistance. This
bill exempts small public housing agencies from the annual reports, but
the agencies are still required to submit a five-year plan.

A provision was added in committee clarifying that agencies exempt from
submitting annual plans under this act are still required to comply with
HUD statue, which requires public housing agencies to certify that the
agency will carry out its housing plan in conformity with the Civil
Rights Act. In addition, H.R. 3422 clarifies that the agencies receiving
an exemption under the Act are not exempt from meeting the requirement
that public housing agencies establish resident advisory boards. Current
law requires each public housing agency to establish one or more
resident advisory boards, the membership of which is to adequately
reflect and represent the residents assisted by the public housing
agency. Each resident advisory board established by a public housing
agency is to assist and make recommendations regarding the development
of the public housing agency plan for the agency.

**[Committee Action]{.underline}**: On July 25, 2005, the bill was
introduced and referred to the House Committee on Financial Services,
which held a mark-up, and reported the bill, as amended, by a voice
vote.

**[Cost to Taxpayers]{.underline}**: According to CBO, implementation of
H.R. 3422 would have "no significant impact on 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.

**[RSC Staff Contact]{.underline}**: Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-9717

**H.R. 280 --- Brownfields Redevelopment Enhancement Act --- *as
amended* (Gary Miller, R-CA)**

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

**[Summary]{.underline}**: H.R. 2941 includes several findings regarding
the redevelopment of brownfields,

including:

-   "returning the Nation's brownfield sites to productive economic use
    could generate more than 550,000 additional jobs and up to
    \$2,400,000,000 in new tax revenues for cities and towns;"

-   "\[a\] lack of funding for redevelopment is a primary obstacle
    impeding the reuse of brownfield sites;"

-   "redevelopment of brownfield sites and reuse of infrastructure at
    such sites will protect natural resources and open spaces;" and

-   "grants under the Brownfields Economic Development Initiative of the
    Department of Housing and Urban Development provide local
    governments with a flexible source of funding to pursue brownfields
    redevelopment through land acquisition, site preparation, economic
    development, and other activities."

H.R. 2941 authorizes HUD to make Brownfields Economic Development
Initiative (BEDI) grants to "eligible public entities" (defined in
current law as "any unit of general local government, including units of
general local government in non-entitlement areas") and "Indian tribes"
for the environmental cleanup and development of brownfields. Grants
would be made only for (1) acquisition of real property or the
rehabilitation of real property; (2) housing rehabilitation; (3)
economic development activities; (4) construction of housing by
nonprofit organizations for homeownership; (5) the acquisition,
construction, reconstruction, or installation of public facilities; or
(6) public works and site or other improvements.

The bill also eliminates the requirement that local governments obtain
section 108 loan guarantees as a condition to receiving BEDI funding.
Grants are authorized at such sums for fiscal years 2006 to 2010. H.R.
280 allows Community Development Block Grant funds to be used for
"renewal communities" and includes mine-scarred lands as eligible
brownfields sites.

**[Additional Background]{.underline}**: The Environmental Protection
Agency defines brownfields as "abandoned, idled or under-used industrial
and commercial facilities where expansion or redevelopment is
complicated by real or perceived environmental problems." There are an
estimated 500,000 such sites across the country.

**[Committee Action]{.underline}**: On January 6, 2005, the bill was
introduced and referred to the House Committee on Financial Services,
which held a mark-up, and reported the bill, as amended, by a voice vote
on March 16, 2005.

**[Cost to Taxpayers]{.underline}**: CBO estimates that implementation
of H.R. 280 would cost \$26 million in the first year and \$137 million
over the next five years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill expands the use of the
Brownfields Economic Development Initiative.

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

**[Constitutional Authority]{.underline}**: The Committee on Financial
Services cites Article 1, Section 8, Clause 1 (relating to the general
welfare of the United States) and Clause 3 (relating to the power to
regulate interstate commerce).

**[RSC Staff Contact]{.underline}**: Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-9717

**H.R. 798 --- Methamphetamine Remediation Research Act of 2005 --- *as
amended* (Gordon, D- TN)**

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

[Note]{.underline}: Under the House Republican Conference Rules, no new
programs or reauthorizations of sunset programs may be considered on the
suspension calendar. This rule may be waived by a vote of the elected
leadership. This legislation, which creates two new programs, received a
waiver from the elected leadership.

**[Summary]{.underline}**:

-   **Findings**: H.R. 798 includes several findings regarding
    methamphetamine, including:

```{=html}
<!-- -->
```
-   "some materials and chemical residues remaining from the production
    of methamphetamine pose novel environmental problems in locations
    where methamphetamine laboratories have been closed;

-   "there has been little standardization of measures for determining
    when the site of a former methamphetamine laboratory has been
    successfully remediated;

-   "initial cleanup actions are generally limited to removal of
    hazardous substances and contaminated materials that pose an
    immediate threat to public health or the environment. It is not
    uncommon for significant levels of contamination to be found
    throughout residential structures where methamphetamine has been
    manufactured, partially because of a lack of knowledge of how to
    achieve an effective cleanup;

-   "data on methamphetamine laboratory-related contaminants of concern
    are very limited, and uniform cleanup standards do not currently
    exist. In addition, procedures for sampling and analysis of
    contaminants need to be researched and developed;

-   "many States are struggling with establishing assessment and
    remediation guidelines and programs to address the rapidly expanding
    number of methamphetamine laboratories being closed each year."

```{=html}
<!-- -->
```
-   **Voluntary Guideline**: H.R. 798 directs the Environmental
    Protection Agency (EPA) to establish voluntary guidelines, based on
    the best currently available scientific knowledge, for the
    remediation of former methamphetamine laboratories, including
    guidelines regarding preliminary site assessment and the remediation
    of residual contaminants. The guidelines are to be designed to
    assist state and local governments in the development and
    implementation of legislation and other policies to apply
    state-of-the-art knowledge and research results to the remediation
    of former methamphetamine laboratories.

    -   **New Research Program**: The bill creates *a new research
        program* to support the development and revision of the
        voluntary guidelines to be established by the EPA. The research
        is to:

```{=html}
<!-- -->
```
-   "identify methamphetamine laboratory-related chemicals of concern;

-   "assess the types and levels of exposure to chemicals of concern
    ...including routine and accidental exposures, that may present a
    significant risk of adverse biological effects;

-   "identify the research efforts necessary to better address
    biological effects and to minimize adverse human exposures;

-   "evaluate the performance of various methamphetamine laboratory
    cleanup and remediation techniques; and

-   "support other research priorities identified by the \[EPA\] in
    consultation with States and other interested parties."

    -   **New Research Program**: H.R. 798 directs the Director of
        National Institute of Standards and Technology to support a *new
        research program* to develop new methamphetamine detection
        technologies, with an emphasis on field test kits and site
        detection, as well as, appropriate standard reference materials
        and validation procedures for methamphetamine detection testing.

    -   **EPA Conference**: H.R. 798 directs the EPA to convene a
        conference of state agencies, as well as individuals or
        organizations involved in research and other activities directly
        related to the environmental or biological impacts of former
        methamphetamine laboratories. Please see "Additional
        Information" section to learn more about the EPA and annual
        conferences.

    -   **Authorizations**: The legislation authorizes \$3 billion for
        each of fiscal years 2006 through 2009, to the EPA for the
        purpose of carrying out the provisions in the bill. In addition,
        the measure authorizes \$1.5 million for each of fiscal years
        2006 through 2009, to the National Institute of Standards and
        Technology.

    -   **Residual Effects Reports**: The EPA is directed to enter into
        an arrangement with the National Academy of Sciences to study
        the status and quality of research on the residual effects of
        methamphetamine laboratories. The study is to identify research
        gaps and recommend an agenda for the research program
        established by this Act at the EPA. The study is to pay
        particular attention to the need for research on the impacts of
        methamphetamine laboratories on residents of buildings where
        meth laboratories are or were located (with particular emphasis
        given to biological impacts on children) and first responders.

> In addition, after this study is complete, the EPA is to submit to
> Congress on how the results of the study will be used.

**[Additional Background]{.underline}**: According to the EPA's Office
of the Chief Financial Officer, in 2004, EPA employees attended
approximately 400 conferences. This cost the taxpayers \$22.4 million,
an amount which has doubled since President Clinton's last year in
office when the agency spend \$10.8 million.

According to H. Rep. 109-042, of the 32 chemicals used to make meth:

> one-third are extremely toxic and many are reactive, flammable, and
> corrosive. In fact, nearly one in five labs is found because of fire
> or explosion, injuring or killing those involved in the manufacture of
> the drug as well as the law enforcement officers and the fire fighters
> who respond. During use and production, meth and other harmful
> chemicals are released into the air and distributed throughout the
> surrounding area. In residential settings, these chemicals collect on
> countertops and floors, and they are absorbed into furnishings,
> carpets and walls. In addition, for every pound of meth produced,
> approximately five to six pounds of toxic byproducts remain. This
> waste is frequently poured down drains or spilled onto the ground,
> where chemicals can migrate into drinking wells and leach into the
> soil.

Cleanup of these chemicals is an extremely complex and expensive
process, and currently no federal law regulated this process.

**[Committee Action]{.underline}**: On February 15, 2005, the bill was
introduced and referred to the House Committee on Science, which held a
mark-up, and reported the bill, as amended, by a voice vote on March 15,
2005.

[]{.mark}

**[Cost to Taxpayers]{.underline}**: CBO estimates that implementation
of H.R. 280 would cost \$5 million in the first year and \$20 million
over five years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill creates two new programs and
adds a mandatory conference to the approximately 400 conference EPA
employees currently attend.

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

**[Constitutional Authority]{.underline}**: The Committee cites Article
I, section 8 of the Constitution. However, 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}**: Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-9717

\###