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# Legislative Bulletin...........................................April 25, 2006

> **Contents:**
>
> **H.J.Res. 83** --- To memorialize and honor the contribution of Chief
> Justice William H. Rehnquist
>
> **S.J.Res. 28**---Approving the location of the commemorative work in
> the District of Columbia honoring former President Dwight D.
> Eisenhower
>
> **S. 592 ---** Glendo Unit of the Missouri River Basin Project
> Contract Extension Act of 2005
>
> **H.R. 2341**---To amend the Reclamation Wastewater and Groundwater
> Study and Facilities Act to authorize the Secretary of the Interior to
> participate in the design, planning, and construction of a project to
> reclaim and reuse wastewater within and outside of the service area of
> the City of Austin Water and Wastewater Utility, Texas
>
> **H.R. 4709** --- Law Enforcement and Phone Privacy Protection Act of
> 2006
>
> H.Con.Res. 357 --- Supporting the goals and ideals of National Cystic
> Fibrosis Awareness Month
>
> H.Con.Res. 349 --- Authorizing the use of the Capitol Grounds for the
> Greater Washington Soap Box Derby
>
> **H.R. 4916 ---** To authorize United States participation in, and
> appropriations for, the United States contribution to the first
> replenishment of the resources of the Enterprise for the Americas
> Multilateral Investment Fund

H.J.Res. 83 --- To memorialize and honor the contribution of Chief
Justice William H. Rehnquist --- *as introduced* (Pombo, R-CA)

**[Order of Business]{.underline}:** The resolution is scheduled for
consideration on Tuesday, April 25, 2006, under a motion to suspend the
rules and pass the resolution.

The House has passed two similar resolutions (without appropriations)
honoring Chief Justice Rehnquist during the 109^th^ Congress, H. Res.
422 and H. Res. 423.

**[Summary]{.underline}:** H.J. Res. 83 would memorialize and honor
Chief Justice William Rehnquist by directing the Supreme Court Curator
to procure a marble bust of the late chief justice, to be displayed in
the Supreme Court Building upon completion. The resolution appropriates
\$50,000 for this purpose.

The joint resolution also states a number of findings, including the
following:

-   "President Richard M. Nixon nominated William H. Rehnquist to
    replace Associate Justice John Marshall Harlan on the Supreme Court
    on October 21, 1971, he was confirmed by the United States Senate on
    December 10, 1971, and served as an Associate Justice of the Supreme
    Court of the United States from January 1972 through September 1986;

-   "President Ronald W. Reagan nominated Associate Justice William H.
    Rehnquist to replace Chief Justice Warren E. Burger as the Sixteenth
    Chief Justice of the United States on June 20, 1986, and he was
    confirmed by the United States Senate on September 17, 1986;

-   "Chief Justice Rehnquist was respected for his intellect, fairness,
    and humor by his fellow Justices and by members of the other
    branches of government; and

-   "despite the debilitating effects of thyroid cancer, Chief Justice
    Rehnquist continued his service to the court and the country, and
    administered the oath of office to President George W. Bush at his
    second inauguration on January 20, 2005."

[**Committee Action**:]{.underline} H.J. Res. 83 was introduced on April
4, 2006, and referred to the Committee on Resources, which took no
official action.

[**Cost to Taxpayers**:]{.underline} The resolution authorizes to be
appropriated \$50,000 to carry out this Act.

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

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

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

S.J.Res. 28 -- Approving the location of the commemorative work in the
District of Columbia honoring former President Dwight D.
Eisenhower---*as received* (Sen. Stevens, R-AK)

[]{.mark}

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Tuesday, April 25^th^, under a motion to suspend the rules
and pass the resolution.

[]{.mark}

**[Summary]{.underline}**: The resolution approves the location chosen
along Maryland Avenue (adjacent to the Department of Education and the
Air and Space Museum) for a federal memorial honoring Dwight D.
Eisenhower.

[]{.mark}

**[Additional Background]{.underline}**: Dwight D. Eisenhower served as
the Supreme Commander of Allied Forces in Europe during World War II and
later as the 34^th^ President of the United States. The Defense
Appropriations Act of 2000 (Public Law 106-79) established the Dwight D.
Eisenhower Commission to honor the late President's public service to
the nation. The Commission chose a location along Maryland Avenue that
is within "Area I" or "the monumental core area," which requires an
explicit authorization from Congress under the terms of the
Commemorative Works Act.

[]{.mark}

**[Committee Action]{.underline}**: The resolution was introduced on
February 7, 2006, and passed the Senate on April 4^th^ by unanimous
consent.

[]{.mark}

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

[]{.mark}

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

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

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

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

S. 592 --- Glendo Unit of the Missouri River Basin Project Contract
Extension Act of 2005 --- *as received* (Sen. Thomas, R-WY)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Tuesday, April 25, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: S. 592 would amend the Irrigation Project
Contract Extension Act of 1998, extending until December 31, 2007
(expired on December 31, 2005), contracts between the Bureau of
Reclamation and purchasers of irrigation water in Wyoming and Nebraska
that receive water from the Glendo Reservoir.

**[Additional Information]{.underline}**: According to Senate Report
109-167, the Glendo Dam and Reservoir system is on the North Platte
River and is operated by the Bureau of Reclamation at the Department of
the Interior. The Bureau is currently conducting a project studying the
"habitat needs" in the reservoir of whooping cranes, piping plovers,
interior least terns, and pallid sturgeons. The Senate Report states
that, "in order to renew long-term contracts for Glendo Reservoir water,
the ESA consultation on the Bureau's North Platte River system
operations must be completed. ...The Interior Department expects the
States of Wyoming, Nebraska, and Colorado to enter into the reasonable
and prudent alternative Program in April 2006. S. 592 is needed to
extend the contracts at issue until the contemplated Program is in
place."

**[Committee Action]{.underline}**: S. 592 was received from the Senate
on November 16, 2005, and referred to the House Committee on Resources,
which took no official action.

**[Cost to Taxpayers]{.underline}**: According to CBO, under current
law, the Secretary of Interior is authorized to renew these contacts on
an annual basis. CBO estimates that enacting S. 592, allows the Bureau
of Reclamation to "avoid costs of less than \$500,000 in 2006 and
smaller amounts in future years." In addition, CBO states that "enacting
this bill would benefit the water purchasers (generally government
entities) affected by this bill, because it would allow them to avoid
the costs of annual renewals."

**[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 Report 109-167 does
not cite the constitutional authority for this bill. Although House
Rules require House Reports to contain this information, Senate Rules do
not require the same disclosure.

**[Staff Contact]{.underline}**: Joelle Cannon,
<joelle.cannon@mail.house.gov>, x69717

H.R. 2341---To amend the Reclamation Wastewater and Groundwater Study
and Facilities Act to authorize the Secretary of the Interior to
participate in the design, planning, and construction of a project to
reclaim and reuse wastewater within and outside of the service area of
the City of Austin Water and Wastewater Utility, Texas---*as introduced*
(*Doggett, D-TX*)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Tuesday, April 25th, under a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}**: H.R. 2341 would amend the Reclamation
Wastewater and Groundwater Study and Facilities Act (Public Law 102-575)
to authorize the Secretary of Interior and the City of Austin Water and
Wastewater Utility to plan, design, and construct a wastewater
reclamation and reuse project. The federal share of the project could
not exceed 25% of the cost, and federal funds could not be used for
operation and maintenance of the project.

**[Committee Action]{.underline}**: On April 12, 2005, H.R. 2341 was
referred to the House Resources Committee and a hearing was held by the
Subcommittee on Water. No further action was taken on the legislation.

[]{.mark}

**[Cost to Taxpayers]{.underline}**: A CBO score is not yet available.
However, according to the an earlier CBO score for an identical bill
from the 107^th^ Congress, the bill would cost \$5 million over the next
five year, subject to appropriations, and an additional \$17 million
over the fifteen years thereafter.

[]{.mark}

**[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}**: A committee report citing
constitutional authority is unavailable.

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

H.R. 4709 --- Law Enforcement and Phone Privacy Protection Act of 2006
--- *as reported* (Smith, R-TX)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Tuesday, April 25, 2006, under a motion to suspend the
rules and pass the bill.

There were three related bills introduced in the 109^th^ Congress:
H.R.4657, H.R.4662, and H.R.4714, none of which were acted upon.

**[Summary]{.underline}:** H.R. 4709 would:

-   establish (under Chapter 47 of Title 18) a new federal crime for
    fraudulently obtaining, purchasing, selling, or transferring
    confidential phone records; 18 U.S.C. 1038 currently stipulates
    fines of up to \$250,000 for individuals and \$500,000 for
    organizations for violations of provisions within this chapter.

-   specify prison sentences of between five and twenty years, depending
    on the specific offense;

-   specify enhanced penalties for using such records to commit another
    crime, and additional fines and prison terms in aggravated cases
    (defined in the bill, such as committing this crime while also
    violating another U.S. law or as part of a "pattern of illegal
    activity");

-   provide the government "extraterritorial jurisdiction" over an
    offense under this Act, meaning the government would be able to
    pursue cases that it otherwise would not be able to prosecute (such
    as beyond U.S. territorial and maritime borders);

-   stipulate that nothing in this Act may be construed to hinder
    confidential phone records from being made available to a lawful
    request from a law enforcement agency or officer.

**[Additional Information:]{.underline}** According to the Committee
Report, the bill targets "pretexting" and other activities by businesses
"that advertise the ability to retrieve recent calling history of any
telephone number, often within a matter of hours, to anyone willing to
pay a fee of approximately \$100." The report stated that many of these
businesses operate on the internet, and experts estimate that there may
be thousands of companies and investigators who provide this service.
The Committee Report defines pretexting as "an unauthorized individual
calling the phone company posing as someone who is authorized to receive
the information lawfully, such as the actual phone service subscriber or
another employee of the target phone company." Thus, this bill aims to
effectively shut down these types of businesses, unless it is for
legitimate law enforcement purposes.

[**Committee Action**:]{.underline} H.R. 4709 was introduced on February
8, 2006, and referred to the Committee on Judiciary. The bill was
marked-up on March 2, 2006, and it was reported to the House by voice
vote (H. Rept.
[109-395](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr395):)).

[**Cost to Taxpayers**:]{.underline} CBO estimates that "implementing
H.R. 4709 would not have a significant cost to the federal government.
Enacting the bill could affect direct spending and revenues, but CBO
estimates that any such effects would not be significant."

[**Does the Bill Expand the Size and Scope of the Federal
Government?**:]{.underline} As noted above, the bill creates new federal
crimes.

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

**[Constitutional Authority]{.underline}**: The Committee Report, H.
Rept. 109-395, cites constitutional authority for this legislation in
Article 1, Section 8 of the Constitution, but fails to cite a specific
Clause.

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

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

**H.Con.Res. 357 --- Supporting the goals and ideals of National Cystic
Fibrosis Awareness Month --- *as introduced* (Stearns, R-FL)**

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Wednesday, April 5, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: The resolution states that it is resolved,
"That the Congress ---

> "honors the goals and ideals of National Cystic Fibrosis Awareness
> Month;
>
> "promotes further public awareness and understanding of cystic
> fibrosis;
>
> "advocates for increased support for people who have cystic fibrosis
> and their families;
>
> "encourages early diagnosis and access to quality care for people with
> cystic fibrosis to improve the quality of their lives; and
>
> "supports research to find a cure for cystic fibrosis by fostering an
> enhanced research program through a strong Federal commitment and
> expanded public-private partnerships."

**[Additional Information:]{.underline}** Cystic fibrosis (CF) is a
defective gene that causes the body to produce abnormally thick, sticky
mucus that clogs the lungs and leads to life-threatening lung
infections. These thick secretions also obstruct the pancreas,
preventing digestive enzymes from reaching the intestines to help break
down and absorb food. The mucus also can block the bile duct in the
liver, eventually causing permanent liver damage in approximately six
percent of people with CF. National Cystic Fibrosis Awareness Month is
in May. According to the resolution's findings, cystic fibrosis is one
of the most common life-threatening genetic diseases in the United
States and one for which there is no known cure. Approximately 30,000
people in the United States have cystic fibrosis, more than half of them
children, with the average life expectancy being 35 years. More than
10,000,000 Americans are unknowing, symptom-free carriers of the cystic
fibrosis gene. The Cystic Fibrosis Foundation urges all states to
implement newborn screening for cystic fibrosis to facilitate early
diagnosis and treatment which improves health and longevity.

**[Committee Action]{.underline}**: On March 14, 2006, the bill was
introduced and referred to the House Committee on Energy and Commerce,
which marked it up and reported it to the full House by voice vote on
March 29, 2006.

**[Cost to Taxpayers]{.underline}**: The resolution has no cost, though
it appears to encourage federal funding.

**[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 (202) 226-9719

H.Con.Res. 349 --- Authorizing the use of the Capitol Grounds for the
Greater Washington Soap Box Derby --- *as introduced* (*Hoyer, D-MD*)

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Wednesday, April 5, 2006, under a motion to suspend the
rules and pass the bill.

[Summary]{.underline}: The resolution authorizes the Greater Washington
Soap Box Derby Association to sponsor the soap box derby races on the
Capitol Grounds on June 17, 2006, or on a different date as determined
by the Speaker of the House of Representatives and the Committee on
Rules and Administration of the Senate.

The event must be free of admission charge to the public and arranged
not to interfere with the needs of Congress, with the Association
assuming full responsibility for all expenses and liabilities related to
the event. The resolution allows a stage, sound amplification devices,
and other related structures and equipment to be erected on Capitol
grounds, as may be required for the event.

**[Additional Background:]{.underline}** The Greater Washington Soap Box
Derby is sponsored by WANADA (Washington Area New Automobile Dealers
Association) and other Washington area dealers and businesses. This
65-year-old annual event offers a motorless racing competition for
children, aged nine to 16 who build their own cars. For more
information: <http://www.dcsoapboxderby.org/>.

**[Committee Action:]{.underline}** The resolution was introduced on
March 1, 2006 and referred to the House Committee on Transportation and
Infrastructure, which considered it and reported it to the full House by
voice vote on April 5, 2006.

**[Cost to Taxpayers]{.underline}**: The resolution has no cost.

**[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 (202) 226-9719

**H.R. 4916 --- To authorize United States participation in, and
appropriations for, the United States contribution to the first
replenishment of the resources of the Enterprise for the Americas
Multilateral Investment Fund --- *as reported* (Pryce, R-OH)**

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Wednesday, April 5, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 4916 authorizes Secretary of the
Treasury to contribute on behalf of the United States, \$150 million to
the first replenishment of the resources of the Enterprise for the
Americas Multilateral Investment Fund (MIF). The authorization of this
funding automatically authorizes United States participation in the MIF.

**[Additional Information]{.underline}**: The Multilateral Investment
Fund (MIF) was part of George H.W. Bush's Enterprise for the Americas
Initiative, which was fully established in 1993, under President
Clinton, and was authorized by a Democratic Congress. The international
fund provides grants, which are mostly used for technical development,
to private sector entities in Latin America and the Caribbean. Over the
last 12 years, the **United States has given \$413.2 million to the MIF
in foreign aid funding.**

The Bush Administration has committed to providing \$150 million to the
fund over the next six years, with an annual appropriation of \$25
million. A total of 36 countries have pledged to support the fund at
\$500 million, \$150 million of which is to be contributed by the United
States. According to Committee Report 109-403, "This legislation is
needed to authorize continued United States participation in, and
appropriations for, the Multilateral Investment Fund."

In addition, the dissenting view in the Committee Report, states "Even
if the MIF's allocations of resources is done without reference to the
political influence of the potential beneficiaries, the MIF will still
harm the economy. This is because programs like the MIF take capital out
of private hands, where it can be allocated to its most productive use
as determined by the choices of consumers in the market, and place it in
the hands of politicians."

**[Committee Action]{.underline}**: H.R 4916 was introduced on March 9,
2006, and referred to the Committee on Financial Services, which held a
mark-up and reported the bill by voice vote on March 25, 2006.

**[Cost to Taxpayers]{.underline}**: According to CBO, implementing H.R.
4916 would cost \$3 million in FY07, and \$81 million over five years.
This estimate assumes incremental appropriation of the total authorized
amount (\$150 million). In addition, CBO states that according to OMB,
the agreement outlines that the U.S. will provide \$25 million annually
over the next six years to the MIF.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill increases the level of U.S.
financial assistance to the Multilateral Investment Fund.

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

**[Constitutional Authority]{.underline}**: Committee Report X 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).

**[Staff Contact]{.underline}**: Joelle Cannon,
<joelle.cannon@mail.house.gov>, x69717

\###