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# Legislative Bulletin...........................................December 6, 2006

> **Contents:**
>
> **S. 4044** --- Religious Liberty and Charitable Donation
> Clarification Act of 2006
>
> **S. 1785** --- Vessel Hull Design Protection Amendments of 2005
>
> **S. 1346** --- Michigan Lighthouse and Maritime Heritage Act
>
> **S. 1829** --- A bill to repeal certain sections of the Act of May
> 26, 1936, pertaining to the Virgin Islands
>
> **S. 214** --- United States-Mexico Transboundary Aquifer Assessment
> Act

> **S. 4044 --- Religious Liberty and Charitable Donation Clarification
> Act of 2006 --- *as received* (Sen. Hatch, R-UT)**

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Wednesday, December 06, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}:** S. 4044 would amend federal bankruptcy law to
make it consistent with the requirements of the Religious Liberty and
Charitable Contribution Protection Act of 1998. Specifically, it removes
charitable contributions from the formula (defined in statute) used to
determine what portion of contributions are reasonably necessary to be
expended for such purposes from a debtor's current monthly income. This
will allow for the full deduction of charitable contributions from
currently monthly income to arrive at a debtor's disposable income.

**[Committee Action]{.underline}:** S. 4044 was introduced in the Senate
on September 29, 2006, and passed the Senate by unanimous consent the
next day. It received no committee action in the House.

**[Cost to Taxpayers]{.underline}:** A CBO score of S. 4044 is
unavailable, but the bill does not authorize new expenditures.

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

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

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

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

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

S. 1785 --- Vessel Hull Design Protection Amendments of 2005 --- *as
received* (Sen. Cornyn, R-TX)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Wednesday, December 06, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}:** S. 1785 would amend current law to stipulate
that the design of a vessel hull or deck are protected under federal
copyright law. The bill also defines the term "deck." According to CRS,
only the design of the vessel hull is protected, and the definition of
the hull includes the deck.

**[Committee Action]{.underline}:** S. 1785 passed the Senate by
unanimous consent on November 18, 2005. It was referred to the House
Committee on the Judiciary's Subcommittee on Courts, the Internet, and
Intellectual Property, which considered, held a mark-up, and forwarded
the bill to the full committee by voice vote on March 1, 2006.

**[Cost to Taxpayers]{.underline}:** A CBO score of S. 1785 is
unavailable, but the bill does not authorize new expenditures.

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

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

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

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

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

S. 1346 --- Michigan Lighthouse and Maritime Heritage Act --- *as
received* (*Sen. Stabenow, D-MI*)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Wednesday, December 06, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}:** S. 1346 would direct the Interior Secretary,
in consultation with the state and other appropriate public and private
entities, to conduct a maritime heritage study of Michigan, to
determine: 1) suitable and feasible options for the long-term protection
of significant maritime heritage resources in Michigan; and 2) the
manner in which the public can best learn about and experience such
resources.

The bill requires that the report be submitted to Congress within three
years after funds are made available. The bill authorizes such sums as
necessary to carry out the provisions of this Act.

**[Committee Action]{.underline}:** S. 1346 passed the Senate (amended)
by unanimous consent on September 29, 2006. The bill received no
committee action in the House.

**[Cost to Taxpayers]{.underline}:** CBO estimates that S. 1346 "would
cost about \$500,000 over the next three years to complete the required
study and report, assuming appropriation of the necessary amounts.
Enacting S. 1346 would not affect direct spending or revenues."

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

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

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

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

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

S. 1829 --- A bill to repeal certain sections of the Act of May 26,
1936, pertaining to the Virgin Islands --- *as amended* (Sen. Domenici,
R-NM)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the bill.

**[Summary]{.underline}**: S. 1829 was amended to include H.R. 6014,
H.R. 5861, and H.R. 5978.

*[S. 1829 ---repealing certain law pertaining to the Virgin
Islands]{.underline}*

The repeals certain provisions of the Act of May 26, 1936, relating to
state property taxation in the Virgin Island.

*[H.R. 6014 --- Authorizing the Secretary of the Interior to improve
California's Sacramento-San Joaquin Delta and water supply]{.underline}*

The bill would authorize the Secretary of the Interior, acting through
the Commissioner of Reclamation, to deposit \$10 million for each of six
years into the Delta Flood Protection Fund to be used for the
Sacramento-San Joaquin Delta project in California.

*[H.R. 5861 --- National Historic Preservation Act Amendments of
2006]{.underline}*

The bill would amend the National Historic Preservation Act (NHPA),
reauthorizing the National Historic Fund through 2015.

Specific provisions are as follows:

-   Provides that the State Historic Preservation Officer has no
    authority to require an applicant for federal assistance, permit, or
    license to identify historic properties outside the undertaking's
    area of potential effects as determined by the federal agency.

-   Provides that if the State Historic Preservation Officer or Tribal
    Historic Preservation Officer fails to respond within 30 days after
    an adequately documented finding of "no historic properties
    affected" or "no adverse effect," the federal agency may assume that
    the State Historic Preservation Officer or Tribal Historic
    Preservation Officer has no objection to the finding.

-   Reauthorizes the National Historic Preservation Fund through 2015
    (expired in 2005), at the current authorization of \$150 million
    each year. The \$150 million deposited annually into the Fund is
    derived from revenues from the Outer Continental Shelf Lands Act.

-   Reauthorizes at such sums as necessary (currently \$4 million each
    year), the Advisory Council on Historic Preservation. The Council's
    authorization expired in 2005.

-   Expands the Advisory Council to include the Secretary of Agriculture
    and the heads of seven federal agencies (currently four).

-   Adds a new section to NHPA, authorizing the Advisory Council to
    enter into a cooperative agreement with any federal agency that
    administers a grant or assistance program for the purpose of
    improving the effectiveness of the administration of that program in
    meeting the purposes and policies of the NHPA. As such, the Council
    may:

    -   review the operation of any federal grant or assistance program
        to evaluate the effectiveness of such program in meeting NHPA
        purposes and policies;

    -   make recommendations to the head of the federal agency that
        administers such program to further the consistency of the
        program with the purposes and policies of this Act and to
        improve its effectiveness in carrying out those purposes and
        policies; and

    -   make recommendations to the president and the Congress regarding
        the effectiveness of federal grant and assistance programs in
        meeting NHPA objectives.

*[H.R. 5978 -- feasibility study on including the First and Second
Battles of Newtonia, Missouri as a unit of the National Park
System]{.underline}*

H.R. 5978 directs the Secretary of the Interior to conduct a resource
study relating to the First and Second Battles of Newtonia in Missouri
to determine the feasibility of adding the battlefields and related
sites as part of Wilson's Creek National Battlefield or the National
Park System. The battles took place during the Civil War.

**[Additional Information]{.underline}**:

*[S. 1829 ---repealing certain law pertaining to the Virgin
Islands]{.underline}*

According to Committee Report
[109-236](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(sr236)),
the bill was prompted by a 2004 Third Circuit Court of Appeals Federal
court decision, reviving the 1936 law, which requires that all real
property be taxed at the same rate without regard to classification or
use. The committee report further states the decision, struck down a
local law capping the amount of any tax increase on residential real
property in any assessment period. S. 1829 would restore local authority
to set its own tax rates.

*[H.R. 6014 --- Authorizing the Secretary of the Interior to improve
California's Sacramento-San Joaquin Delta and water supply]{.underline}*

Since the bill deals with local tax rates, federal revenue would not be
affected.

For more information on the Sacramento-San Joaquin Delta, visit this
website:
<http://www.water.ca.gov/nav.cfm?topic=Environment&subtopic=Sacramento-San_Joaquin_Delta>.

*[H.R. 5861 --- National Historic Preservation Act Amendments of
2006]{.underline}*

According to its [website](http://www.achp.gov/aboutachp.html), "The
Advisory Council on Historic Preservation (ACHP) is an independent
Federal agency that promotes the preservation, enhancement, and
productive use of our Nation's historic resources, and advises the
President and Congress on national historic preservation policy. The
goal of the [National Historic Preservation
Act](http://www.achp.gov/nhpa.html) (NHPA), which established ACHP in
1966, is to have Federal agencies act as responsible stewards of our
Nation's resources when their actions affect historic properties. ACHP
is the only entity with the legal responsibility to encourage Federal
agencies to factor historic preservation into Federal project
requirements."

**[Committee Action]{.underline}**: S. 1829 was received on November 17,
2005, and referred to the House Committee on Resources' Subcommittee on
Water and Power. The subcommittee held hearings on July 27, 2006, but
took no further official action.

H.R. 6014 passed the House on the suspension calendar by voice vote on
September 27, 2006.

H.R. 5861 passed the House on the suspension calendar by voice vote on
September 25, 2006.

H.R. 5978 was introduced on July 28, 2006, and referred to the House
Committee on Resources' Subcommittee on National Parks. The subcommittee
held a hearing on September 7, 2006, but took no further official
action.

**[Cost to Taxpayers]{.underline}**: CBO estimates that enacting S. 1829
would have no impact on the

federal budget.

H.R. 6014 would authorize \$10 million in 2007, and \$50 over the
2007-2012 period.

CBO estimates that enacting H.R. 5861 will authorize \$155 million in
FY07, and \$777 million over the 2007-2011 period.

H.R. 5978 has no cost estimate.

**[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}**: Senate Committee Report
[109-236](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(sr236))
does not cite constitutional authority for S. 1829.

H.R. 6014 has no committee report to cite constitutional authority.

The committee report for H.R. 5861, Committee Report
[109-641](http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_reports&docid=f:hr641.109.pdf),
cites constitutional authority for this legislation in Article I,
section 8, Clause 3 of the Constitution, the commerce clause.

H.R. 5978 has no committee report to cite constitutional authority.

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

> **S. 214 ---** **United States-Mexico Transboundary Aquifer Assessment
> Act**

--- *as received* (Sen. Bingaman, R-NM)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, December 6, 2006, under a motion to suspend
the rules and pass the bill.

[Note]{.underline}: Conference Rule 28 requires that no bill be
scheduled on the suspension calendar which creates a new program,
without a waiver from Leadership. S. 214 was granted a waiver.

**[Summary]{.underline}**: S. 214 directs the Secretary of the Interior
to **establish a new program** to United States-Mexico transboundary
aquifer assessment program to provide the scientific foundation for
State and local officials to address the water resource challenges in
the United States-Mexico border region. The program is to characterize,
map, and model transboundary groundwater resources along the United
States-Mexico border.

S. 214 authorizes appropriations of \$50 million for the 2006-2015
period.

**[Committee Action]{.underline}**: S. 214 was received from the Senate
on July 27, 2005, and referred to the Committee on Resources'
Subcommittee on Water and Power. The subcommittee held a hearing on May
10, 2006, but took no further additional action.

**[Cost to Taxpayers]{.underline}**: CBO estimates that S. 214
authorizes appropriations of \$5 in 2007; \$20 over the 2007-2010
period.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that this bill creates a new program.

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

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

**[Constitutional Authority]{.underline}**: The Senate report, Committee
Report
[109-17](http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_reports&docid=f:sr017.109.pdf),
cites no constitutional authority.

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

\###