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# Legislative Bulletin..............................................May 22, 2006

**Contents:**

> **H.R. 5354 ---** Hurricane Relief Extension Act of 2006
>
> **H.Res. 808** --- Expressing the sense of the House of
> Representatives in support of the goals of National One-Stop Month
>
> **S. 1235 ---** Veterans' Benefits Improvement Act of 2005 H.R. 5401 -
> Lewis and Clark Commemorative Coin Correction Act **(coming soon)**
>
> **H.R. 5401** --- Lewis and Clark Commemorative Coin Correction Act
>
> **S. 1736** --- A bill to provide for the participation of employees
> in the judicial branch in the Federal leave transfer program for
> disasters and emergencies
>
> **H.R. 4530** --- Scott Reed Federal Building and United States
> Courthouse Designation Act
>
> **H.R. 3858** --- Pets Evacuation and Transportation Standards Act of
> 2005
>
> **H.R. 4681** --- Palestinian Anti-Terrorism Act of 2006

H.R. 5354 --- Hurricane Relief Extension Act of 2006 --- *as introduced*
(Boustany, R-LA)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, May 22, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.Res. 5354 allows the Secretary of Education
to extend, beyond the 2006 school year, the period during which a state
educational agency or local educational agency may obligate
***previously appropriated*** emergency aid for elementary and secondary
schools with students displaced by Hurricane Katrina or Rita. These
funds are only to be used for expenses incurred during the 2005-2006
school year.

In addition, the bill states the sense of Congress that state
educational agencies "expeditiously distribute" education relief funds
received under the Hurricane Education Recovery Act to impacted schools
and institutions.

H.R. 5354 also lists a number of findings, including the following:

-   "according to the Department of Education, more than 370,000
    students were unable to attend school in the weeks following
    hurricanes Katrina and Rita;

-   "according to the Department of Education, 158,000 students remained
    displaced as of October 1, 2005, and are eligible for impact aid;

-   "the unprecedented nature of this crisis and the massive dislocation
    of students prompted the Congress in 2005 to approve the Hurricane
    Education Recovery Act to provide money to reopen schools in the
    Gulf Coast region and an additional \$645 million for impact aid;
    and

-   "a significant portion of the recovery aid, both restart and impact
    aid, has yet to reach damaged schools and local educational
    agencies.

**[Committee Action]{.underline}**: H.R. 5354 was introduced on May 11,
2006, and was referred to the Committees on Education and the Workforce,
which took no official action.

**[Cost to Taxpayers]{.underline}**: There is no CBO score available for
H.R. 5354. However, the bill authorizes no expenditure.

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

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

**[RSC Staff Contact]{.underline}**: Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-0718.

H.Res. 808 --- Expressing the sense of the House of Representatives in
support of the goals of National One-Stop Month --- *as introduced*
(Keller, R-FL)

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Monday, May 22, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H.Res. 808 resolves that the House of
Representatives:

-   "supports the goals of National One-Stop Month; and

-   "supports the efforts of the workforce investment boards and
    One-Stop delivery system in preparing the Nation's workforce."

**[Additional Information]{.underline}**: The resolution lists a number
of findings, including the following:

-   "national workforce professional organizations and the local
    workforce investment boards will celebrate National One-Stop Month
    from May 1 to 31, 2006;

-   "workforce investment boards and One-Stop delivery system were
    created under the Workforce Investment Act of 1998 and are designed
    to provide a full range of employment solutions to employers and job
    seekers in a single location; and

-   "more than 600 workforce investment boards and 2,000 One-Stop Career
    Centers are enhancing the productivity and competitiveness of the
    Nation by providing workforce solutions for hundreds of thousands of
    employers annually across the United States."

One-stop centers are the mechanism by which WIA services are provided to
individuals through a single access point. H.R. 27, the Job Training
Improvement Act of 2005, which the House passed on March 2, 2005, added
the following to the current 19 mandatory partner programs in the
one-stop system (including welfare-to-work, vocational education, and
trade adjustment assistance) and optional programs: TANF (mandatory),
child support enforcement, programs for disabled individuals, and
programs administered by the Small Business Administration. One-stop
partner programs are also required to provide a portion of its program
funds to the governor who can distribute the funds to local areas for
infrastructure based on a formula developed by the state board.

**[Committee Action]{.underline}**: H.Res. 808 was introduced on May 9,
2006, and was referred to the Committees on Education and the Workforce,
which took no official action.

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

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

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

**[RSC Staff Contact]{.underline}**: Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-0718.

## H.R. 5401 --- Lewis and Clark Commemorative Coin Correction Act --- as introduced (Emerson, R-MO)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Monday, May 22, 2006, under a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}:** H.R. 5401 amends the 1999 the Lewis and Clark
Commemorative Coin Act of 1999, to split the proceeds of coin sales 50
percent to the National Council of the Lewis and Clark Bicentennial and
50 percent to the Missouri Historical Society, and it deletes the
National Park Service (NPS) as a beneficiary. Under current law,
two-thirds of the proceeds are to go to the National Lewis and Clark
Bicentennial Council, for activities associated with commemorating the
bicentennial of the Lewis and Clark Expedition, and one-third of the
funds are to go to the National Park Service for activities associated
with commemorating the Lewis and Clark Expedition bicentennial.
According to the sponsor's office, the proceeds are distributed provided
these beneficiary organizations have raised sufficient private matching
funds, but the National Park Service has not raised any private matching
funds (and has no mechanism to do so), and thus can never claim any of
these funds. The sponsor's office indicates that all privately raised
matching funds were raised by the National Council and by the Missouri
Historical Society.

Under H.R. 5401, after June 30, 2007, unexpended proceeds that were to
go to the National Council of the Lewis and Clark Bicentennial or the
Missouri Historical Society, are to be transferred to the Lewis and
Clark Trail Heritage Foundation, for the purpose of establishing a trust
for the stewardship of the Trail.

**[Additional Information:]{.underline}** The Lewis and Clark
Commemorative Coin Act of 1999, authorized the U.S. Mint to mint and
sell to the public commemorative Lewis and Clark Silver Dollar coins.
According to the sponsor's office, the sale of the Lewis & Clark silver
dollar brought in over \$4.9 million in net proceeds to the U.S. Mint,
which holds the funds in escrow.

**[Committee Action]{.underline}**: On May 17, 2006, the bill was
introduced and referred to the House

Financial Services Committee, which took no official action.

**[Cost to Taxpayers]{.underline}**: Though an official CBO score is
unavailable, an unofficial estimate said the bill has no direct effect
on spending. The bill modifies who receives funds currently in escrow at
the Treasury.

**[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

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

S. 1736 --- A bill to provide for the participation of employees in the
judicial branch in the federal leave transfer program for disasters and
emergencies --- *as reported* (Sen. Collins, R-ME)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Monday, May 22, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** S. 1736 would provide for the participation
of employees of the judicial branch in the federal emergency leave
transfer program, by modifying Section 6391 of title 5 as follows:

> After consultation with the Administrative Office of the United States
> Courts, the Office of Personnel Management shall provide for the
> participation of employees in the judicial branch in any emergency
> leave transfer program under this section.

[**Additional Information**:]{.underline} According to CBO, current law
allows judicial branch employees to donate their annual leave through a
leave bank to co-workers who have exhausted their annual and sick leave
as a result of a personal or family medical emergency. Any unused
donated annual leave is returned to the leave bank. The executive branch
emergency leave transfer programs also allow employees to donate annual
leave to be transferred to employees of their own agency or other
agencies in the event of a major disaster or emergency declared by the
President. However, unlike the leave bank program, any unused annual
leave donated to the emergency leave transfer program is returned to the
donor.

S. 1736 would provide the judicial branch with the same emergency leave
transfer authority as the executive branch. CBO states that the cost of
expanding this authority to the judicial branch would depend upon the
number of times a major disaster or emergency occurs that results in a
presidential request for a special leave program and whether the leave
donated would have been donated under current law.

According to CBO, "Since 1997, emergency leave transfer authority has
been used for the executive branch three times. It was used after the
African Embassy bombings in 1998, the terrorist attacks of September 11,
2001, and in the aftermath of Hurricane Katrina in 2005. Most of the
leave donations after the first two events were returned to their
donors."

According to the Administrative Office of the United States Courts,
there are now about 200 displaced judicial branch employees currently on
paid administrative leave since hurricane Katrina struck. Most of these
employees are based at the federal courthouse facility in New Orleans,
which is open with limited court operations.

[**Committee Action**:]{.underline} S. 1736 was introduced in the Senate
on September 20, 2005, and passed the Senate by unanimous consent in
October 19, 2005. The bill was referred to the House Committee on
Government Reform, marked-up on March 9, 2006, and reported to the House
by voice vote the same day.

**[Cost to Taxpayers]{.underline}**: CBO expects "that any annual leave
donations made under S. 1736 would mostly be annual leave that would
otherwise be donated for medical emergencies. Thus, we expect that
enacting S. 1736 would not have a significant cost. Enacting S. 1736
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}**: The Committee Report, H.
Rept.
[109-449](http://www.congress.gov/cgi-lis/cpquery/R?cp109:FLD010:@1(hr449)),
cites constitutional authority for this legislation in Article 1,
Section 8, and Clause 18 of the Constitution ("necessary and proper").
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.R. 4530 --- Scott Reed Federal Building and United States Courthouse
Designation Act --- *as reported* (*Chandler, D-KY*)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on May 22, 2006, under a motion to suspend the rules and
pass the bill.

**[Summary]{.underline}**: H.R. 4530 designates the facility of the
Federal Building and United States Courthouse located at 101 Barr Street
in Lexington, Kentucky, as the "Gerald A. Fiorenza Post Office
Building."

**[Additional Information]{.underline}**: Scott Reed was born in
Lexington, Kentucky, on July 3, 1921. Reed attended the University of
Kentucky College of Law and was editor in chief of the Kentucky Law
Journal. Reed graduated in 1945, and was awarded the Order of the Coif.

From 1948-1956, Reed was an Associate Professor at the University of
Kentucky College of Law. He also served as a county attorney.

Reed was elected to the Kentucky Court of Appeals, then the highest
court in Kentucky, and served from 1964-1975. Reed was instrumental in
the reorganization and modernization of the Kentucky judicial system.
The Court of Appeals chose Reed as first Chief Justice of the new
Kentucky Supreme Court, and he served in this position until 1977. Scott
Reed passed away February 17, 1994.

(sources: <http://library.louisville.edu/law/Research/KyHiCt.htm>,
<http://www.ukalumni.net/pages.php?page_id=12&id=185>, and the office of
Rep. Chandler)

**[Committee Action]{.underline}**: H.R. 4530 was introduced on December
14, 2005, and referred to the Committee on the House Committee on
Transportation and Infrastructure's Subcommittee on Economic
Development, Public Buildings and Emergency Management, which took no
official action.

**[Cost to Taxpayers]{.underline}**: The only costs associated with a
federal building and U.S. courthouse 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.

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

H.R. 3858 --- Pets Evacuation and Transportation Standards Act of 2005
--- *as introduced* (*Lantos, D-CA*)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Monday, May 22, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** H.R. 3858 would amend the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 USC 5196b) to require
states to consider the needs of individuals with household pets and
service animals in their emergency preparedness plans. Specifically, the
Federal Emergency Management Agency (FEMA) Director would be required to
"ensure" state and local emergency preparedness operational plans take
into account the "needs of individuals with household pets and service
animals following a major disaster or emergency" when approving the
standards of these plans.

**[Additional Information:]{.underline}** FEMA's authority and powers
during emergencies are governed by the Stafford Act. FEMA currently
provides financial assistance to states for emergency preparedness
personnel and administrative expenses (up to 50 percent of the total
cost of such emergency preparedness expenses). In turn, states must
submit emergency preparedness plans for approval by the FEMA director.
For additional information on the Stafford Act, see this RSC Policy
Brief: <http://www.house.gov/pence/rsc/doc/FEMA_Disaster_Response.pdf>.

[**Committee Action**:]{.underline} H.R. 3858 was introduced on
September 22, 2005, and referred to the Committee on Transportation and
Infrastructure's Subcommittee on Economic Development, Public Buildings
and Emergency Management. The bill was marked-up on April 5, 2006, and
it was reported to the House by voice vote the same day.

**[Cost to Taxpayers]{.underline}**: CBO estimates that implementing
H.R. 3858 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.

**[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

H.R. 4681---Palestinian Anti-Terrorism Act---*as reported*

(Ros-Lehtinen, R-FL)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Monday, May 22^nd^, under a motion to suspend the rules
and pass the bill.

**[Summary]{.underline}**: Highlights of the bill are as follows:

-   Declares that it is the policy of the United States to:

> \--"support a peaceful, two-state solution to end the conflict between
> Israel and the Palestinians in accordance with the Performance-Based
> Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian
> Conflict (commonly referred to as the 'Roadmap');
>
> \--"oppose those organizations, individuals, and countries that
> support terrorism and violence;
>
> \--"urge members of the international community to avoid contact with
> and refrain from financially supporting the terrorist organization
> Hamas or a Hamas-controlled Palestinian Authority until Hamas agrees
> to recognize Israel, renounce violence, disarm, and accept prior
> agreements, including the Roadmap;
>
> \--"promote the emergence of a democratic Palestinian governing
> authority that\--
>
> \(A\) denounces and combats terrorism;
>
> \(B\) has agreed to and is taking action to disarm and dismantle any
> terrorist agency, network, or facility;
>
> \(C\) has agreed to work to eliminate anti-Israel and anti-Semitic
> incitement and the commemoration of terrorists in Palestinian society;
>
> \(D\) has agreed to respect the sovereignty of its neighbors;
>
> \(E\) acknowledges, respects, and upholds the human rights of all
> people;
>
> \(F\) implements the rule of law, good governance, and democratic
> practices, including conducting free, fair, and transparent elections
> in compliance with international standards;
>
> \(G\) ensures institutional and financial transparency and
> accountability; and
>
> \(H\) has agreed to recognize the State of Israel as an independent,
> sovereign, Jewish, democratic state; and
>
> \--"continue to support assistance to the Palestinian people."

-   Conditions future U.S. assistance to the Palestinian Authority on
    the U.S. President certifying that:

> \--"no ministry, agency, or instrumentality of the Palestinian
> Authority is controlled by a foreign terrorist organization and no
> member of a foreign terrorist organization serves in a senior policy
> making position in a ministry, agency, or instrumentality of the
> Palestinian Authority;

\--"the Palestinian Authority has

> \(A\) publicly acknowledged Israel's right to exist as a Jewish state;
> and
>
> \(B\) recommitted itself and is adhering to all previous agreements
> and understandings by the Palestine Liberation Organization and the
> Palestinian Authority with the Government of the United States, the
> Government of Israel, and the international community, including
> agreements and understandings pursuant to the Performance-Based
> Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian
> Conflict (commonly referred to as the 'Roadmap'); and
>
> \--"the Palestinian Authority has taken effective steps and made
> demonstrable progress toward
>
> \(A\) completing the process of purging from its security services
> individuals with ties to terrorism;
>
> \(B\) dismantling all terrorist infrastructure, confiscating
> unauthorized weapons, arresting and bringing terrorists to justice,
> destroying unauthorized arms factories, thwarting and preempting
> terrorist attacks, and fully cooperating with Israel's security
> services;
>
> \(C\) halting all anti-Israel incitement in Palestinian
> Authority-controlled electronic and print media and in schools,
> mosques, and other institutions it controls, and replacing these
> materials, including textbooks, with materials that promote tolerance,
> peace, and coexistence with Israel;
>
> \(D\) ensuring democracy, the rule of law, and an independent
> judiciary, and adopting other reforms such as ensuring transparent and
> accountable governance; and
>
> \(E\) ensuring the financial transparency and accountability of all
> government ministries and operations."

-   Requires (every six months) presidential recertifications that these
    conditions are being met.

-   Provides the following exceptions to the Palestinian Authority
    funding limitations:

> \--assistance to independent election commissions (subject to
> presidential certification that each such commission has no terrorist
> ties); and
>
> \--assistance to support the Israeli-Palestinian peace negotiations,
> such as providing security for the Palestinian president (subject to
> presidential certification that the funds are essential for
> negotiations, will not be transferred to terrorist individuals, and
> that the Palestinian president is not himself affiliated with
> terrorists).

-   The exceptions would have to be made with advance congressional
    consultation and only if such assistance is "important to the
    national security interests of the United States."

-   Defines the Palestinian Authority to include "the interim
    Palestinian administrative organization that governs part of the
    West Bank and all of the Gaza Strip (or any successor Palestinian
    governing entity), including the Palestinian Legislative Council."

-   Directs the U.S. Comptroller General to report to Congress on how
    U.S. assistance to Palestinian Authority will be audited by the
    State Department, the U.S. Agency for International Development
    (USAID), and all other relevant departments and agencies of the U.S.
    Government.

-   Conditions future U.S. assistance to nongovernmental organizations
    (NGOs) serving the West Bank and Gaza Strip upon the presidential
    certification detailed above.

-   Provides the following exceptions to the NGO funding limitations:

> \--the provision of food, water, medicine, sanitation services, or
> other assistance to directly meet basic human health needs; and
>
> \--"other types of assistance," subject to presidential certification
> that such assistance "will further the national security interests of
> the United States" and advance consultation with Congress.

-   Provides for U.S. Comptroller General oversight of such NGO funding
    and directs the Secretary of State to take "all appropriate steps"
    to ensure that such NGO assistance is not provided to or through any
    individual or entity that the Secretary knows, or has reason to
    believe, advocates, plans, sponsors, engages in, or has engaged in,
    terrorist activity.

-   Prohibits the NGO funds from being used for recognizing or otherwise
    honoring individuals or the families of individuals who commit, or
    have committed, acts of terrorism.

-   Directs USAID to provide for independent audits of all funds to NGOs
    serving the West Bank and Gaza.

-   Requires the President to report to Congress on the
    Israeli-Palestinian balance inherent in the following United Nations
    (UN) entities:

> \--The United Nations Division for Palestinian Rights;
>
> \--The Committee on the Exercise of the Inalienable Rights of the
> Palestinian People;
>
> \--The United Nations Special Coordinator for the Middle East Peace
> Process and Personal Representative to the Palestine Liberation
> Organization and the Palestinian Authority;
>
> \--The NGO Network on the Question of Palestine;
>
> \--The Special Committee to Investigate Israeli Practices Affecting
> the Human Rights of the Palestinian People and Other Arabs of the
> Occupied Territories; and
>
> \--Any other entity the Secretary of State determines results in
> duplicative efforts or funding or fails to ensure balance in the
> approach to Israeli-Palestinian issues.

-   Instructs the United States Permanent Representative to the UN to
    use the "voice, vote, and influence" of the U.S. to seek the
    implementation at the UN of the recommendations contained in this
    report above, and authorizes the Secretary of State to withhold from
    U.S. contributions to the regular assessed UN biennial budget
    amounts proportional to the portion of such budget that is geared
    toward the above pro-Palestinian entities.

-   Also authorizes the Secretary of State to withhold from U.S.
    contributions to the regular assessed UN biennial budget amounts
    that are proportional to the portion of such budget that are
    expended for any UN-affiliated or specialized agency that provides
    assistance directly to the Palestinian Authority (during any period
    when the presidential certification above is not in effect).

-   Denies visas for officials of the Palestinian Authority (or any
    representative thereof) during any period when the presidential
    certification above is not in effect (subject to presidential waiver
    in individual cases that are "important to the national security
    interests of the United States").

-   Directs the President to restrict the travel of officials and
    representatives of the Palestinian Authority and of the Palestine
    Liberation Organization who are stationed at the UN in New York City
    to a 25-mile radius of the UN headquarters building during any
    period when the presidential certification above is not in effect.

-   Makes it illegal to establish or maintain an office, headquarters,
    premises, or other facilities or establishments within the
    jurisdiction of the United States at the behest or direction of, or
    with funds provided by, the Palestinian Authority or the Palestine
    Liberation Organization during any period when the presidential
    certification above is not in effect (enforced by the Justice
    Department and subject to a presidential national security waiver).

-   States that it shall be U.S. policy that the U.S. Executive Director
    at each international financial institution should use the "voice,
    vote, and influence" of the United States to prohibit assistance to
    the Palestinian Authority during any period when the presidential
    certification above is not in effect.

-   Expresses the policy of the United States that no officer or
    employee of the U.S. Government shall negotiate or have substantive
    contacts with members or official representatives of Hamas,
    Palestinian Islamic Jihad, the Popular Front for the Liberation of
    Palestine, al-Aqsa Martyrs Brigade, or any other Palestinian
    terrorist organization, unless and until such organization:

> \--recognizes Israel's right to exist;
>
> \--renounces the use of terrorism;
>
> \--dismantles the infrastructure necessary to carry out terrorist
> acts, including the disarming of militias and the elimination of all
> instruments of terror; and
>
> \--recognizes and accepts all previous agreements and understandings
> between the State of Israel and the Palestine Liberation Organization
> and the Palestinian Authority.

**[Additional Background]{.underline}**: The United States has provided
hundreds of millions of dollars in assistance to the Palestinian over
the last 13 years or so, most of which was indirect aid. In just the
last two years, the U.S. gave no less than \$425 million in assistance
to the Palestinian government, Palestinian nongovernmental
organizations, and non-Palestinian-based contractors or grantees of
USAID.

Hamas has long been known as a terrorist organization that proudly takes
credit for the murders of innocent Israelis, Americans, and
non-combatants of dozens of other nations. In January 2006, Hamas won a
significant majority of seats in the Palestinian legislature.

In February 2006, Congress passed S.Con.Res. 79 (by unanimous consent in
the Senate and by 418-1 in the House:
<http://clerk.house.gov/evs/2006/roll010.xml>), expressing a sense of
Congress that no United States assistance should be provided directly to
the Palestinian Authority if any representative political party holding
a majority of parliamentary seats within it maintains a position calling
for the destruction of Israel.

Hamas, the Arabic acronym for the "Islamic Resistance Movement," has
openly and repeatedly called for the destruction of Israel and the
creation of "Palestine" as an Islamic state.

**[Committee Action]{.underline}**: On February 1, 2006, H.R. 4681 was
referred to the International Relations Committee, the Judiciary
Committee, and the Financial Services Committee. On April 6, 2006, the
International Relations Committee marked up and ordered the bill
reported to the full House by a vote of 36-2. On May 10, 2006, the
Judiciary Committee marked up and ordered the bill reported to the full
House by voice vote. The Financial Services Committee took no official
action on the bill.

**[Administration Position]{.underline}**: Reports indicate that the
Administration believes this bill to be too restrictive on the Executive
Branch's role in foreign policy.

**[Cost to Taxpayers]{.underline}**: CBO confirms that this bill would
not directly impact the federal budget (though it could result in
decreased spending subject to appropriation in future years).

**[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}**: The International Relations
Committee and the Judiciary Committee, in House Report 109-462 (Parts I
and II), each cite constitutional authority in Article I, Section 8, but
fail 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." *\[emphasis added\]*

**[Outside Organizations]{.underline}**: The Republican Jewish Coalition
and the American Israel Public Affairs Committee are strongly supporting
the legislation. Americans for Peace Now, the U.S. Conference of
Catholic Bishops, and Churches for Middle East Peace are opposing the
legislation (because of the bill's restrictions on U.S. assistance to
and through NGOs).

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

\###