[Congressional Record Volume 151, Number 89 (Wednesday, June 29, 2005)]
[House]
[Pages H5445-H5469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY, 
THE DISTRICT OF COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 
                                  2006

  The Committee resumed its sitting.
  The Acting CHAIRMAN. The Clerk will read.
  The Clerk read as follows:
       Of the amount made available under this heading, 
     $290,000,000 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the statement of managers 
     accompanying this Act: Provided, That none of the funds 
     provided under this paragraph may be used for program 
     operations.


                  HOME Investment Partnerships Program

                     (including transfer of funds)

       For the HOME investment partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act, as amended, $1,850,000,000 to remain available 
     until September 30, 2008: Provided, That of the total amount 
     provided in this paragraph, up to $41,700,000 shall be 
     available for housing counseling under section 106 of the 
     Housing and Urban Development Act of 1968, and $1,000,000 
     shall be transferred to the Working Capital Fund.
       In addition to amounts otherwise made available under this 
     heading, $50,000,000, to remain available until September 30, 
     2008, for assistance to homebuyers as authorized under title 
     I of the American Dream Downpayment Act.


        self-help and assisted homeownership opportunity program

       For the Self-Help and Assisted Homeownership Opportunity 
     Program, $60,800,000, to remain available until September 30, 
     2008: Provided, That of the total amount provided in this 
     heading $23,800,000 shall be made available to the Self Help 
     Homeownership Opportunity Program as authorized under section 
     11 of the Housing Opportunity Program Extension Act of 1996 
     as amended: Provided further, That $28,000,000 shall be made 
     available for capacity building, of which $27,000,000 shall 
     be for capacity building for Community Development and 
     affordable Housing for LISC and the Enterprise Foundation for 
     activities authorized by Section 4 of the HUD Demonstration 
     Act of 1993 (42 USC 9816 note), as in effect immediately 
     before June 12, 1997 and $1,000,000 shall be made available 
     for capacity building activities administered by Habitat for 
     Humanity International: Provided further, That $3,000,000 
     shall be made available to the Housing Assistance Council, 
     $1,000,000 shall be made available to the Native American 
     Indian Housing Council, $4,000,000 shall be made available to 
     the Housing Partnership Network, and $1,000,000 shall be made 
     available to the Special Olympics, to remain available until 
     September 30, 2008.


                       Homeless Assistance Grants

                     (including transfer of funds)

       For the emergency shelter grants program as authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act, as amended; the supportive housing program as 
     authorized under subtitle C of title IV of such Act; the 
     section 8 moderate rehabilitation single room occupancy 
     program as authorized under the United States Housing Act of 
     1937, as amended, to assist homeless individuals pursuant to 
     section 441 of the McKinney-Vento Homeless Assistance Act; 
     and the shelter plus care program as authorized under 
     subtitle F of title IV of such Act, $1,340,000,000, of which 
     $1,320,000,000 shall remain available until September 30, 
     2008, and of which $20,000,000 shall remain available until 
     expended: Provided, That not less than 30 percent of funds 
     made available, excluding amounts provided for renewals under 
     the shelter plus care program, shall be used for permanent 
     housing: Provided further, That all funds awarded for 
     services shall be matched by 25 percent in funding by each 
     grantee: Provided further, That the Secretary shall renew on 
     an annual basis expiring contracts or amendments to contracts 
     funded under the shelter plus care program if the program is 
     determined to be needed under the applicable continuum of 
     care and meets appropriate program requirements and financial 
     standards, as determined by the Secretary: Provided further, 
     That all awards of assistance under this heading shall be 
     required to coordinate and integrate homeless programs with 
     other mainstream health, social services, and employment 
     programs for which homeless populations may be eligible, 
     including Medicaid, State Children's Health Insurance 
     Program, Temporary Assistance for Needy Families, Food 
     Stamps, and services funding through the Mental Health and 
     Substance Abuse Block Grant, Workforce Investment Act, and 
     the Welfare-to-Work

[[Page H5446]]

     grant program: Provided further, That up to $11,674,000 of 
     the funds appropriated under this heading shall be available 
     for the national homeless data analysis project and technical 
     assistance: Provided further, That $1,000,000 of the funds 
     appropriated under this heading shall be transferred to the 
     Working Capital Fund: Provided further, That all balances for 
     Shelter Plus Care renewals previously funded from the Shelter 
     Plus Care Renewal account and transferred to this account be 
     available, if recaptured, for Shelter Plus Care renewals in 
     fiscal year 2006.

                            Housing Programs


                        Housing for the Elderly

                     (including transfer of funds)

       For capital advances, including amendments to capital 
     advance contracts, for housing for the elderly, as authorized 
     by section 202 of the Housing Act of 1959, as amended, and 
     for project rental assistance for the elderly under section 
     202(c)(2) of such Act, including amendments to contracts for 
     such assistance and renewal of expiring contracts for such 
     assistance for up to a 1-year term, and for supportive 
     services associated with the housing, $741,000,000, to remain 
     available until September 30, 2009, of which amount 
     $49,600,000 shall be for service coordinators and the 
     continuation of existing congregate service grants for 
     residents of assisted housing projects, and of which amount 
     up to $24,800,000 shall be for grants under section 202b of 
     the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of 
     eligible projects under such section to assisted living or 
     related use and for emergency capital repairs as determined 
     by the Secretary: Provided, That amounts made available under 
     this heading shall be available for Real Estate Assessment 
     Center inspections and inspection-related activities 
     associated with section 202 capital advance projects: 
     Provided further, That $400,000 shall be transferred to the 
     Working Capital Fund: Provided further, That the Secretary 
     may waive the provisions of section 202 governing the terms 
     and conditions of project rental assistance, except that the 
     initial contract term for such assistance shall not exceed 5 
     years in duration.


                 Housing for Persons With Disabilities

                     (including transfer of funds)

       For capital advance contracts, including amendments to 
     capital advance contracts, for supportive housing for persons 
     with disabilities, as authorized by section 811 of the 
     Cranston-Gonzalez National Affordable Housing Act, for 
     project rental assistance for supportive housing for persons 
     with disabilities under section 811(d)(2) of such Act, 
     including amendments to contracts for such assistance and 
     renewal of expiring contracts for such assistance for up to a 
     1-year term, and for supportive services associated with the 
     housing for persons with disabilities as authorized by 
     section 811(b)(1) of such Act, and for tenant-based rental 
     assistance contracts entered into pursuant to section 811 of 
     such Act, $238,100,000 to remain available until September 
     30, 2009: Provided, That $400,000 shall be transferred to the 
     Working Capital Fund: Provided further, That, of the amount 
     provided under this heading $78,300,000 shall be for 
     amendments or renewal of tenant-based assistance contracts 
     entered into prior to fiscal year 2005 (only one amendment 
     authorized for any such contract): Provided further, That of 
     the amount provided under this heading, the Secretary may 
     make available up to $5,000,000 for incremental tenant-based 
     rental assistance, as authorized by section 811 of such Act 
     (which assistance is 5 years in duration): Provided further, 
     That all tenant-based assistance made available under this 
     heading shall continue to remain available only to persons 
     with disabilities: Provided further, That the Secretary may 
     waive the provisions of section 811 governing the terms and 
     conditions of project rental assistance and tenant-based 
     assistance, except that the initial contract term for such 
     assistance shall not exceed 5 years in duration: Provided 
     further That amounts made available under this heading shall 
     be available for Real Estate Assessment Center Inspections 
     and inspection-related activities associated with Section 811 
     Capital Advance Projects.


                    other assisted housing programs

                       rental housing assistance

       For amendments to contracts under section 101 of the 
     Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
     and section 236(f)(2) of the National Housing Act (12 U.S.C. 
     1715z-1) in State-aided, non-insured rental housing projects, 
     $26,400,000, to remain available until expended.


                         Flexible Subsidy Fund

                          (transfer of funds)

       From the Rental Housing Assistance Fund, all uncommitted 
     balances of excess rental charges as of September 30, 2005, 
     and any collections made during fiscal year 2006 and all 
     subsequent fiscal years, shall be transferred to the Flexible 
     Subsidy Fund, as authorized by section 236(g) of the National 
     Housing Act, as amended.


            Payment to Manufactured Housing Fees Trust Fund

       For necessary expenses as authorized by the National 
     Manufactured Housing Construction and Safety Standards Act of 
     1974, as amended (42 U.S.C. 5401 et seq.), up to $12,896,000 
     to remain available until expended, to be derived from the 
     Manufactured Housing Fees Trust Fund: Provided, That not to 
     exceed the total amount appropriated under this heading shall 
     be available from the general fund of the Treasury to the 
     extent necessary to incur obligations and make expenditures 
     pending the receipt of collections to the Fund pursuant to 
     section 620 of such Act: Provided further, That the amount 
     made available under this heading from the general fund shall 
     be reduced as such collections are received during fiscal 
     year 2006 so as to result in a final fiscal year 2006 
     appropriation from the general fund estimated at not more 
     than $0 and fees pursuant to such section 620 shall be 
     modified as necessary to ensure such a final fiscal year 2006 
     appropriation.

                     Federal Housing Administration


               mutual mortgage insurance program account

                     (including transfers of funds)

       During fiscal year 2006, commitments to guarantee loans to 
     carry out the purposes of section 203(b) of the National 
     Housing Act, as amended, shall not exceed a loan principal of 
     $185,000,000,000.
       During fiscal year 2006, obligations to make direct loans 
     to carry out the purposes of section 204(g) of the National 
     Housing Act, as amended, shall not exceed $50,000,000: 
     Provided, That the foregoing amount shall be for loans to 
     nonprofit and governmental entities in connection with sales 
     of single family real properties owned by the Secretary and 
     formerly insured under the Mutual Mortgage Insurance Fund.
       For administrative expenses necessary to carry out the 
     guaranteed and direct loan program, $355,000,000, of which 
     not to exceed $351,000,000 shall be transferred to the 
     appropriation for ``Salaries and expenses''; and not to 
     exceed $4,000,000 shall be transferred to the appropriation 
     for ``Office of Inspector General''. In addition, for 
     administrative contract expenses, $62,600,000, of which 
     $18,281,000 shall be transferred to the Working Capital Fund: 
     Provided, That to the extent guaranteed loan commitments 
     exceed $65,500,000,000 on or before April 1, 2006, an 
     additional $1,400 for administrative contract expenses shall 
     be available for each $1,000,000 in additional guaranteed 
     loan commitments (including a pro rata amount for any amount 
     below $1,000,000), but in no case shall funds made available 
     by this proviso exceed $30,000,000.


                General and Special Risk Program Account

                     (including transfers of funds)

       For the cost of guaranteed loans, as authorized by sections 
     238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 
     and 1735c), including the cost of loan guarantee 
     modifications, as that term is defined in section 502 of the 
     Congressional Budget Act of 1974, as amended, $8,800,000, to 
     remain available until expended: Provided, That commitments 
     to guarantee loans shall not exceed $35,000,000,000 in total 
     loan principal, any part of which is to be guaranteed.
       Gross obligations for the principal amount of direct loans, 
     as authorized by sections 204(g), 207(l), 238, and 519(a) of 
     the National Housing Act, shall not exceed $50,000,000, of 
     which not to exceed $30,000,000 shall be for bridge financing 
     in connection with the sale of multifamily real properties 
     owned by the Secretary and formerly insured under such Act; 
     and of which not to exceed $20,000,000 shall be for loans to 
     nonprofit and governmental entities in connection with the 
     sale of single-family real properties owned by the Secretary 
     and formerly insured under such Act.
       In addition, for administrative expenses necessary to carry 
     out the guaranteed and direct loan programs, $231,400,000, of 
     which $211,400,000 shall be transferred to the appropriation 
     for ``Salaries and Expenses''; and of which $20,000,000 shall 
     be transferred to the appropriation for ``Office of Inspector 
     General''.
       In addition, for administrative contract expenses necessary 
     to carry out the guaranteed and direct loan programs, 
     $71,900,000, of which $10,800,000 shall be transferred to the 
     Working Capital Fund: Provided, That to the extent guaranteed 
     loan commitments exceed $8,426,000,000 on or before April 1, 
     2006, an additional $1,980 for administrative contract 
     expenses shall be available for each $1,000,000 in additional 
     guaranteed loan commitments over $8,426,000,000 (including a 
     pro rata amount for any increment below $1,000,000), but in 
     no case shall funds made available by this proviso exceed 
     $14,400,000.

                Government National Mortgage Association


Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

                     (including transfer of funds)

       New commitments to issue guarantees to carry out the 
     purposes of section 306 of the National Housing Act, as 
     amended (12 U.S.C. 1721(g)), shall not exceed 
     $200,000,000,000, to remain available until September 30, 
     2007.
       For administrative expenses necessary to carry out the 
     guaranteed mortgage-backed securities program, $10,700,000, 
     to be derived from the GNMA guarantees of mortgage-backed 
     securities guaranteed loan receipt account, of which not to 
     exceed $10,700,000, shall be transferred to the appropriation 
     for ``Salaries and Expenses''.

                    Policy Development and Research

                        Research and Technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies relating to housing and urban 
     problems, not otherwise provided for, as authorized by title 
     V of the Housing and Urban Development Act of 1970, as 
     amended (12 U.S.C. 1701z-1 et

[[Page H5447]]

     seq.), including carrying out the functions of the Secretary 
     under section 1(a)(1)(i) of Reorganization Plan No. 2 of 
     1968, $60,600,000, to remain available until September 30, 
     2007: Provided, That of the total amount provided under this 
     heading, $5,000,000 shall be for the Partnership for 
     Advancing Technology in Housing (PATH) Initiative: Provided 
     further, That of the amounts made available for PATH under 
     this heading, $2,500,000 shall not be subject to the 
     requirements of section 305 of this title: Provided further, 
     That of funds made available under this heading, $750,000 
     shall be transferred to the National Research Council for a 
     study in accordance with the accompanying Report: Provided 
     further, That $29,038,000 is for grants pursuant to section 
     107 of the Housing and Community Development Act of 1974, as 
     amended, as follows: $2,989,000 to support Alaska Native 
     serving institutions and Native Hawaiian serving institutions 
     as defined under the Higher Education Act, as amended; 
     $2,562,000 for tribal colleges and universities to build, 
     expand, renovate, and equip their facilities and to expand 
     the role of the colleges into the community through the 
     provision of needed services such as health programs, job 
     training and economic development activities; $8,967,000 for 
     Historically Black Colleges and Universities program, of 
     which up to $2,000,000 may be used for technical assistance; 
     $5,979,000 for the Community Outreach Partnership Program; 
     $5,979,000 for the Hispanic Serving Institutions Program; and 
     $2,562,000 for the Community Development Work Study Program.

                   Fair Housing and Equal Opportunity


                        Fair Housing Activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968, as amended by the Fair Housing Amendments Act of 
     1988, and section 561 of the Housing and Community 
     Development Act of 1987, as amended, $38,800,000, to remain 
     available until September 30, 2007, of which $16,100,000 
     shall be to carry out activities pursuant to such section 
     561: Provided, That no funds made available under this 
     heading shall be used to lobby the executive or legislative 
     branches of the Federal Government in connection with a 
     specific contract, grant or loan.

                     Office of Lead Hazard Control


                         Lead Hazard Reduction

       For the Lead Hazard Reduction Program, as authorized by 
     section 1011 of the Residential Lead-Based Paint Hazard 
     Reduction Act of 1992, $119,000,000, to remain available 
     until September 30, 2007, of which $8,800,000 shall be for 
     the Healthy Homes Initiative, pursuant to sections 501 and 
     502 of the Housing and Urban Development Act of 1970 that 
     shall include research, studies, testing, and demonstration 
     efforts, including education and outreach concerning lead-
     based paint poisoning and other housing-related diseases and 
     hazards: Provided, That for purposes of environmental review, 
     pursuant to the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and other provisions of law that further 
     the purposes of such Act, a grant under the Healthy Homes 
     Initiative, Operation Lead Elimination Action Plan (LEAP), or 
     the Lead Technical Studies program under this heading or 
     under prior appropriations Acts for such purposes under this 
     heading, shall be considered to be funds for a special 
     project for purposes of section 305(c) of the Multifamily 
     Housing Property Disposition Reform Act of 1994.

                     Management and Administration


                         Salaries and Expenses

                     (including transfer of funds)

       For necessary administrative and non-administrative 
     expenses of the Department of Housing and Urban Development, 
     not otherwise provided for, including purchase of uniforms, 
     or allowances therefore, as authorized by 5 U.S.C. 5901-5902; 
     hire of passenger motor vehicles; services as authorized by 5 
     U.S.C. 3109; and not to exceed $25,000 for official reception 
     and representation expenses, $1,152,535,000, of which 
     $562,400,000 shall be provided from the various funds of the 
     Federal Housing Administration, $10,700,000 shall be provided 
     from funds of the Government National Mortgage Association, 
     $150,000 shall be provided by transfer from the ``Native 
     American housing block grants'' account, $250,000 shall be 
     provided by transfer from the ``Indian housing loan guarantee 
     fund program'' account and $35,000 shall be transferred from 
     the ``Native Hawaiian housing loan guarantee fund'' account: 
     Provided, That funds made available under this heading shall 
     only be allocated in the manner specified in the Report 
     accompanying this Act unless the Committees on Appropriations 
     of both the House of Representatives and the Senate are 
     notified of any changes in an operating plan or 
     reprogramming: Provided further, That no official or employee 
     of the Department shall be designated as an allotment holder 
     unless the Office of the Chief Financial Officer (OCFO) has 
     determined that such allotment holder has implemented an 
     adequate system of funds control and has received training in 
     funds control procedures and directives: Provided further, 
     That the Chief Financial Officer shall establish positive 
     control of and maintain adequate systems of accounting for 
     appropriations and other available funds as required by 31 
     U.S.C. 1514: Provided further, That for purposes of funds 
     control and determining whether a violation exists under the 
     Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of 
     obligation shall be the executed agreement or contract, 
     except with respect to insurance and guarantee programs, 
     certain types of salaries and expenses funding, and 
     incremental funding that is authorized under an executed 
     agreement or contract, and shall be designated in the 
     approved funds control plan: Provided further, That the Chief 
     Financial Officer shall: (1) appoint qualified personnel to 
     conduct investigations of potential or actual violations; (2) 
     establish minimum training requirements and other 
     qualifications for personnel that may be appointed to conduct 
     investigations; (3) establish guidelines and timeframes for 
     the conduct and completion of investigations; (4) prescribe 
     the content, format and other requirements for the submission 
     of final reports on violations; and (5) prescribe such 
     additional policies and procedures as may be required for 
     conducting investigations of, and administering, processing, 
     and reporting on, potential and actual violations of the 
     Anti-Deficiency Act and all other statutes and regulations 
     governing the obligation and expenditure of funds made 
     available in this or any other Act: Provided further, That up 
     to $15,000,000 may be transferred to the Working Capital 
     Fund.


                          Working Capital Fund

       For additional capital for the Working Capital Fund (42 
     U.S.C. 3535) for the development of, modifications to, and 
     infrastructure for Department-wide information technology 
     systems, for the continuing operation of both Department-wide 
     and program-specific information systems, and for program-
     related development activities, $165,000,000, to remain 
     available until September 30, 2007: Provided, That any 
     amounts transferred to this Fund under this Act shall remain 
     available until expended: Provided further, That any amounts 
     transferred to this Fund from amounts appropriated by 
     previously enacted appropriations Acts or from within this 
     Act may be used for the purposes specified under this Fund, 
     in addition to the purposes for which such amounts were 
     appropriated.


                      Office of Inspector General

                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, as 
     amended, $103,000,000, of which $24,000,000 shall be provided 
     from the various funds of the Federal Housing Administration: 
     Provided, That the Inspector General shall have independent 
     authority over all personnel issues within this office.

             Office of Federal Housing Enterprise Oversight


                         Salaries and Expenses

                     (including transfer of funds)

       For carrying out the Federal Housing Enterprises Financial 
     Safety and Soundness Act of 1992, including not to exceed 
     $500 for official reception and representation expenses, 
     $60,000,000, to remain available until expended, to be 
     derived from the Federal Housing Enterprises Oversight Fund: 
     Provided, That of the amount made available under this 
     heading, $5,000,000 is for litigation and to continue ongoing 
     special investigations of the Federal housing enterprises: 
     Provided further, That the Director shall submit a spending 
     plan for the amounts provided under this heading no later 
     than January 15, 2005: Provided further, That not less than 
     80 percent of total amount made available under this heading 
     shall be used only for examination, supervision, and capital 
     oversight of the enterprises (as such term is defined in 
     section 1303 of the Federal Housing Enterprises Financial 
     Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure 
     that the enterprises are operating in a financially safe and 
     sound manner and complying with the capital requirements 
     under Subtitle B of such Act: Provided further, That not to 
     exceed the amount provided herein shall be available from the 
     general fund of the Treasury to the extent necessary to incur 
     obligations and make expenditures pending the receipt of 
     collections to the Fund: Provided further, That the general 
     fund amount shall be reduced as collections are received 
     during the fiscal year so as to result in a final 
     appropriation from the general fund estimated at not more 
     than $0.

                       Administrative Provisions

       Sec. 301. Fifty percent of the amounts of budget authority, 
     or in lieu thereof 50 percent of the cash amounts associated 
     with such budget authority, that are recaptured from projects 
     described in section 1012(a) of the Stewart B. McKinney 
     Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 
     note) shall be rescinded, or in the case of cash, shall be 
     remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 302. None of the amounts made available under this Act 
     may be used during fiscal year 2006 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a non-

[[Page H5448]]

     frivolous legal action, that is engaged in solely for the 
     purpose of achieving or preventing action by a Government 
     official or entity, or a court of competent jurisdiction.
       Sec. 303. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2006 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2006 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (i) in fiscal year 2006 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (i) of such section 854(c)(1)(A) in 
     fiscal year 2006, in proportion to AIDS cases among cities 
     and States that qualify under clauses (i) and (ii) of such 
     section and States deemed eligible under subsection (a).
       (c) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2006 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the 
     City of New York, New York, on behalf of the New York-Wayne-
     White Plains, New York-New Jersey Metropolitan Division 
     (hereafter ``metropolitan division'') of the New York-Newark-
     Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
     adjusted by the Secretary of Housing and Urban Development 
     by: (1) allocating to the City of Jersey City, New Jersey, 
     the proportion of the metropolitan area's or division's 
     amount that is based on the number of cases of AIDS reported 
     in the portion of the metropolitan area or division that is 
     located in Hudson County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS; and (2) allocating to 
     the City of Paterson, New Jersey, the proportion of the 
     metropolitan area's or division's amount that is based on the 
     number of cases of AIDS reported in the portion of the 
     metropolitan area or division that is located in Bergen 
     County and Passaic County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The recipient cities 
     shall use amounts allocated under this subsection to carry 
     out eligible activities under section 855 of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12904) in their respective 
     portions of the metropolitan division that is located in New 
     Jersey.
       (d) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2006 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas 
     with a higher than average per capita incidence of AIDS, 
     shall be adjusted by the Secretary on the basis of area 
     incidence reported over a three year period.
       Sec. 304. (a) During fiscal year 2006, in the provision of 
     rental assistance under section 8(o) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a 
     program to demonstrate the economy and effectiveness of 
     providing such assistance for use in assisted living 
     facilities that is carried out in the counties of the State 
     of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) 
     of such section 8(o), a family residing in an assisted living 
     facility in any such county, on behalf of which a public 
     housing agency provides assistance pursuant to section 
     8(o)(18) of such Act, may be required, at the time the family 
     initially receives such assistance, to pay rent in an amount 
     exceeding 40 percent of the monthly adjusted income of the 
     family by such a percentage or amount as the Secretary of 
     Housing and Urban Development determines to be appropriate.
       Sec. 305. Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title III of this Act shall be made on a competitive basis 
     and in accordance with section 102 of the Department of 
     Housing and Urban Development Reform Act of 1989.
       Sec. 306. Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811-1831).
       Sec. 307. Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 308. Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, as amended, are hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to each such 
     corporation or agency and in accordance with law, and to make 
     such contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of such Act as may be 
     necessary in carrying out the programs set forth in the 
     budget for 2006 for such corporation or agency except as 
     hereinafter provided: Provided, That collections of these 
     corporations and agencies may be used for new loan or 
     mortgage purchase commitments only to the extent expressly 
     provided for in this Act (unless such loans are in support of 
     other forms of assistance provided for in this or prior 
     appropriations Acts), except that this proviso shall not 
     apply to the mortgage insurance or guaranty operations of 
     these corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 309. None of the funds provided in this title for 
     technical assistance, training, or management improvements 
     may be obligated or expended unless HUD provides to the 
     Committees on Appropriations a description of each proposed 
     activity and a detailed budget estimate of the costs 
     associated with each program, project or activity as part of 
     the Budget Justifications. For fiscal year 2006, HUD shall 
     transmit this information to the Committees by March 15, 2006 
     for 30 days of review.
       Sec. 310. The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, recaptured and excess funds in each program and 
     activity within the jurisdiction of the Department and shall 
     submit additional, updated budget information to these 
     Committees upon request.
       Sec. 311. Notwithstanding any other provision of law, in 
     fiscal year 2006, in managing and disposing of any 
     multifamily property that is owned or held by the Secretary 
     and is occupied primarily by elderly or disabled families, 
     the Secretary of Housing and Urban Development shall maintain 
     any rental assistance payments under section 8 of the United 
     States Housing Act of 1937 that are attached to any dwelling 
     units in the property. To the extent the Secretary determines 
     that such a multifamily property owned or held by the 
     Secretary is not feasible for continued rental assistance 
     payments under such section 8, the Secretary may, in 
     consultation with the tenants of that property, contract for 
     project-based rental assistance payments with an owner or 
     owners of other existing housing properties or provide other 
     rental assistance.
       Sec. 312. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2006 under section 
     854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)), to the City of Wilmington, Delaware, on behalf of 
     the Wilmington, Delaware-Maryland-New Jersey Metropolitan 
     Division (hereafter ``metropolitan division''), shall be 
     adjusted by the Secretary of Housing and Urban Development by 
     allocating to the State of New Jersey the proportion of the 
     metropolitan division's amount that is based on the number of 
     cases of AIDS reported in the portion of the metropolitan 
     division that is located in New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The State of New Jersey 
     shall use amounts allocated to the State under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
     portion of the metropolitan division that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2006 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City 
     of Raleigh, North Carolina, on behalf of the Raleigh-Cary, 
     North Carolina Metropolitan Statistical Area. Any amounts 
     allocated to Wake County shall be used to carry out eligible 
     activities under section 855 of such Act (42 U.S.C. 12904) 
     within such metropolitan statistical area.
       (c) Notwithstanding section 854(c) of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12903(c)), the Secretary of 
     Housing and Urban Development may adjust the allocation of 
     the amounts that otherwise would be allocated for fiscal year 
     2006 under section 854(c) of such Act, upon the written 
     request of an applicant, in conjunction with the State(s), 
     for a formula allocation on behalf of a metropolitan 
     statistical area, to designate the State or States in which 
     the metropolitan statistical area is located as the eligible 
     grantee(s) of the allocation. In the case that a metropolitan 
     statistical area involves more than one State, such amounts 
     allocated to each State shall be in proportion to the number 
     of cases of AIDS reported in the portion of the metropolitan 
     statistical area located in that State. Any amounts allocated 
     to a State under this section shall be used to carry out 
     eligible activities within the portion of the metropolitan 
     statistical area located in that State.

[[Page H5449]]

       Sec. 313. Notwithstanding any other provision of law, for 
     this fiscal year and every fiscal year thereafter, funds 
     appropriated for housing for the elderly, as authorized by 
     section 202 of the Housing Act of 1959, as amended, and for 
     supportive housing for persons with disabilities, as 
     authorized by section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act, shall be available for the cost of 
     maintaining and disposing of such properties that are 
     acquired or otherwise become the responsibility of the 
     Department.
       Sec. 314. The Secretary of Housing and Urban Development 
     shall submit an annual report no later than August 30, 2006 
     and annually thereafter to the House and Senate Committees on 
     Appropriations regarding the number of Federally assisted 
     units under lease and the per unit cost of these units to the 
     Department of Housing and Urban Development.
       Sec. 315. The Department of Housing and Urban Development 
     shall submit the Department's fiscal year 2006 congressional 
     budget justifications to the Committees on Appropriations of 
     the House of Representatives and the Senate using the 
     identical structure provided under this Act and only in 
     accordance with the direction specified in the report 
     accompanying this Act.
       Sec. 316. That incremental vouchers previously made 
     available under the heading ``Housing Certificate Fund'' or 
     renewed under the heading, ``Tenant-Based Rental 
     Assistance,'' for non-elderly disabled families shall, to the 
     extent practicable, continue to be provided to non-elderly 
     disabled families upon turnover.
       Sec. 317. A public housing agency or such other entity that 
     administers Federal housing assistance in the States of 
     Alaska, Iowa, and Mississippi shall not be required to 
     include a resident of public housing or a recipient of 
     assistance provided under section 8 of the United States 
     Housing Act of 1937 on the board of directors or a similar 
     governing board of such agency or entity as required under 
     section (2)(b) of such Act. Each public housing agency or 
     other entity that administers Federal housing assistance 
     under section 8 in the States of Alaska, Iowa and Mississippi 
     shall establish an advisory board of not less than 6 
     residents of public housing or recipients of section 8 
     assistance to provide advice and comment to the public 
     housing agency or other administering entity on issues 
     related to public housing and section 8. Such advisory board 
     shall meet not less than quarterly.
       Sec. 318. The funds made available for Native Alaskans 
     under the heading ``Native American Housing Block Grants'' in 
     title II of this Act shall be allocated to the same Native 
     Alaskan housing block grant recipients that received funds in 
     fiscal year 2005.
       Sec. 319. No funds provided under this title may be used 
     for an audit of the Government National Mortgage Association 
     that makes applicable requirements under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.).
       Sec. 320. Clarification Regarding Mortgage Insurance for 
     Purchase of Existing Health Care Facilities.--Section 
     223(f)(1) of the National Housing Act is amended by inserting 
     ``purchase or'' immediately before ``refinancing of existing 
     debt''.
       Sec. 321. Notwithstanding any other provision of law, for 
     fiscal year 2006 and thereafter, all mortgagees receiving 
     interest reduction payments under section 236 of the National 
     Housing Act (12 U.S.C. 1715z-1) shall submit only electronic 
     invoices to the Department of Housing and Development in 
     order to receive such payments.The mortgagees shall comply 
     with this requirement no later than 90 days from the date of 
     enactment of this provision.
       Sec. 322. Notwithstanding any other provision of law, the 
     recipient of a grant under section 202b of the Housing Act of 
     1959 (12 U.S.C. 1701q-2) after December 26, 2000, in 
     accordance with the unnumbered paragraph at the end of 
     section 202b(b) of such Act, may, at its option, establish a 
     single-asset nonprofit entity to own the project and may lend 
     the grant funds to such entity, which may be a private 
     nonprofit organization described in section 831 of the 
     American Homeownership and Economic Opportunity Act of 2000.

  Mr. KNOLLENBERG (during the reading). Mr. Chairman, I ask unanimous 
consent that the remainder of the bill through page 109, line 12, be 
considered as read, printed in the Record, and open to amendment at any 
point.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  The Acting CHAIRMAN. Are there any amendments to that portion of the 
bill?
  If not, the Clerk will read.
  The Clerk read as follows:

                        TITLE IV--THE JUDICIARY

                   Supreme Court of the United States


                         Salaries and Expenses

       For expenses necessary for the operation of the Supreme 
     Court, as required by law, excluding care of the building and 
     grounds, including purchase or hire, driving, maintenance, 
     and operation of an automobile for the Chief Justice, not to 
     exceed $10,000 for the purpose of transporting Associate 
     Justices, and hire of passenger motor vehicles as authorized 
     by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
     official reception and representation expenses; and for 
     miscellaneous expenses, to be expended as the Chief Justice 
     may approve, $60,730,000, of which $2,000,000 shall remain 
     available until expended.


                 Amendment Offered by Mr. King of Iowa

  Mr. KING of Iowa. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. King of Iowa:
       Page 110, line 1, insert after the dollar figure the 
     following: ``(reduced by $1,500,000)''.

  The Acting CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from Iowa (Mr. King) and the gentleman from Michigan (Mr. 
Knollenberg) each will control 5 minutes.
  The Chair recognizes the gentleman from Iowa (Mr. King).
  Mr. KING of Iowa. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I bring an amendment here before this body to address 
an issue that we have discussed here in earlier amendments that has to 
do with the fifth amendment decision by the Supreme Court.
  American homes and businesses are no longer safe after the recent 
Supreme Court ruling in the Kelo v. City of New London. The Supreme 
Court allowed the government to seize private property for private use, 
not public use, and without a justifiable public use, totally 
contradicting our Constitution. The fifth amendment to our Constitution 
is clear: the government can only seize private property for public 
use; and when it does, it must pay just compensation.
  The fifth amendment says: ``Nor shall private property be taken for 
public use without just compensation.''
  What good are the property rights protected by our Constitution if 
the government can take your own home away from you whenever it wants? 
Our free society is based upon property rights; and without the right 
to private property, our economy would fail, and Americans would be 
unable to keep or enjoy the fruits of their labor.
  The use of eminent domain for private property is a perversion of 
what eminent domain is supposed to be. Eminent domain can be used to 
build roads and for other similar public-use projects, but the power of 
eminent domain has been abused by State and local governments to 
benefit private property development. That is simply wrong. The 
homeowners should not be forced out of their homes or to sell their 
other private interests by the strong arm of the Supreme Court. But the 
Kelo v. City of New London in its recent decision this week does that, 
Mr. Chairman; and it takes away the homes of a number of individuals, 
at least 15 of them, and I would point these out.
  This is the home of Susanne and Matt Dery. They may lose their home 
of 20 years. And this is the home of Bill Von Winkle, it is his 
business, it is one of the 15 properties condemned for economic 
development, Mr. Von Winkle. Here is the subject of the lawsuit, 
Susette Kelo. She received notice of condemnation of her New London 
home from the Development Corporation of New London that had been 
granted the authorization by the city council the day before 
Thanksgiving in the year 2000.
  This runs exactly contrary to the protection that we are to have in 
the fifth amendment; and yet the Supreme Court has disregarded the 
Constitution and, in fact, amended the Constitution in this rolling 
constitutional convention that seems to be coming at us nearly every 
week from the Supreme Court.
  So my amendment strikes $1.5 million from the overall budget of the 
Supreme Court, out of the $60 million; and it is roughly the amount, 
the nominal amount of the homes that will be confiscated in New London. 
It is a token. It is nominal. It is not the full value of those homes, 
Mr. Chairman.

                              {time}  2100

  But what it does is say is this Congress is going to speak up for the 
people whose property rights have been significantly diminished by this 
decision, this Kilo decision, and we are going to find a way to defend 
the property rights of the people of this country.

[[Page H5450]]

  Mr. Chairman, I reserve the balance of my time.
  Mr. KNOLLENBERG. Mr. Chairman, I yield myself such time as I may 
consume.
  The committee provided additional support for the Supreme Court 
salaries and expense accounts in order to hire additional police 
officers and a threat assessment officer. I understand part of what the 
gentleman is saying. He disagrees with the decision of the court. But I 
think the idea of reducing funding is going in the wrong direction. 
Reducing this funding would weaken security at the court at the very 
time when threats and violence against judges is a real concern. And I 
do understand the gentleman's concern with the recent imminent domain 
ruling. But I do not want to jeopardize court security to make a 
political point. I think it is the wrong decision.
  Furthermore, I do not recall a single time in my tenure when this 
House cut funding for the Supreme Court to punish it for a ruling. And 
that is the part I disagree with very strongly. So I would urge a 
``no'' vote.
  Mr. Chairman, I yield to the gentleman from Massachusetts (Mr. 
Olver), my ranking member for any thoughts he has on this amendment.
  Mr. OLVER. Mr. Chairman, I thank the gentleman for yielding. I think 
this puts us on a remarkably slippery slope, the proposal that has been 
made by the gentleman from Indiana. Each of us take an oath to uphold 
the Constitution, and that includes upholding the separation of powers 
between the branches of this government, for one thing.
  For a second thing, the Supreme Court is at this time, if I remember 
correctly, six out of the nine justices have been named by Republican 
conservative presidents or are supposedly from at least the Republican 
side. And so this is not a liberal court. This is a centrist court, if 
not a slightly conservative court. So here we are with a proposal. If I 
remember correctly, there were, in fact, two decisions, each of them 
taken by a five-to-four vote, and someone switched there. I do not 
remember exactly which person switched, so that the commentators that I 
saw commenting on this in columns suggested that the sum total of what 
had been done with those two decisions left the situation essentially 
what it was over the body of material that was being covered by the two 
decisions. So I think this is a remarkably bold suggestion that we 
should punish a court, a court in the situation that I have described 
for a decision which really makes a very minor change in the 
circumstances. And I would certainly oppose the gentleman's amendment.
  Mr. KNOLLENBERG. Mr. Chairman, I reserve the balance of my time.
  Mr. KING of Iowa. Mr. Chairman, I yield myself as much time as I may 
consume.
  Mr. Chairman, I would point out that we did increase the budget to 
the Supreme Court this year and significantly. This is a $60 million 
operating budget. About $2 million of that goes for the wages of the 
Supreme Court Justices. The balance of that is for operations. This 
simply goes to their administrative fees. They would be the ones that 
could prioritize their security versus the overall cost. But if this is 
a precedent to reduce funding, in fact, it is not reducing funding. It 
is just reducing the increase in funding, $1.5 million. If this is a 
precedent, then so be it. It is time we had a precedent. The judges in 
the Supreme Court swear to uphold the Constitution just like we do, and 
they are the last people on this continent that should be amending the 
Constitution. They are charged to uphold the Constitution. This 
Congress needs to send a message.
  I would point out, too, that I am far from in the minority on this 
opinion, and I do not look at the Supreme Court Justices as whether 
they are appointed by the Republicans or by the Democrats. When they go 
to court, they do not seem to maintain some of the semblance of their 
previous party, and I think we all recognize that. But I will say, it 
was a five-four decision. It was a decision as close as a decision can 
be, and if one of justices had changed their mind, it would be five-
four the other way. And we have a Constitution that is at least 
partially whole for the fifth amendment. But what we have particularly, 
I want to point out on this Floor that Justice O'Connor is one who I 
agree with on this case, and she said, and I quote in her opinion: 
``The absurd argument that any single-family home that might be razed 
to make way for an apartment building or any church that might be 
replaced with a retail store, or any small business that might be more 
lucrative if it were instead part of a national franchise, it is 
inherently harmful to society and thus within the government's power to 
condemn.''
  I ask for a ``yes'' vote.
  Mr. Chairman, I yield back the balance of my time.
  Mr. KNOLLENBERG. Mr. Chairman, I yield myself such time as I may 
consume.
  Just in closing, I recognize the gentleman has some difficulty in 
that decision. But as I said before, this is something that I have 
never heard in the history, certainly in my history, where we were 
asked to penalize the Supreme Court for a decision.
  The thing I would say is, yes, there are individuals on the Supreme 
Court that we may have more identification with, more support for and 
would reinforce. But it is nine people that make the decision, not one. 
And so I think that we should leave it as it is, and I urge a ``no'' 
vote on this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Iowa (Mr. King).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. KING of Iowa. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Iowa (Mr. King) will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:


                    Care of the Building and Grounds

       For such expenditures as may be necessary to enable the 
     Architect of the Capitol to carry out the duties imposed upon 
     the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
     13b), $5,624,000, which shall remain available until 
     expended.

         United States Court of Appeals for the Federal Circuit


                         Salaries and Expenses

       For salaries of the chief judge, judges, and other officers 
     and employees, and for necessary expenses of the court, as 
     authorized by law, $24,613,000.

               United States Court of International Trade


                         Salaries and Expenses

       For salaries of the chief judge and eight judges, salaries 
     of the officers and employees of the court, services, and 
     necessary expenses of the court, as authorized by law, 
     $15,480,000.

    Courts of Appeals, District Courts, and Other Judicial Services


                         Salaries and Expenses

       For the salaries of circuit and district judges (including 
     judges of the territorial courts of the United States), 
     justices and judges retired from office or from regular 
     active service, judges of the United States Court of Federal 
     Claims, bankruptcy judges, magistrate judges, and all other 
     officers and employees of the Federal Judiciary not otherwise 
     specifically provided for, and necessary expenses of the 
     courts, as authorized by law, $4,348,780,000 (including the 
     purchase of firearms and ammunition); of which not to exceed 
     $27,817,000 shall remain available until expended for space 
     alteration projects and for furniture and furnishings related 
     to new space alteration and construction projects; of which 
     $1,300,000 of the funds provided for the Judiciary 
     Information Technology Fund will be for the Edwin L. Nelson 
     Local Initiatives Program, within which $1,000,000 will be 
     reserved for local court grants.


                    Amendment Offered by Ms. Herseth

  Ms. HERSETH. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Ms. Herseth:
       Page 111, line 5, after the dollar amount, insert 
     ``(increased by $6,900,000)''.
       Page 164, line 12, after the first dollar amount, insert 
     ``(reduced by $6,900,000)''.
       Page 168, line 25, after the dollar amount, insert 
     ``(reduced by $6,900,000)''.

  The CHAIRMAN. Pursuant to the order of the House today, the 
gentlewoman from South Dakota (Ms. Herseth) and the gentleman from 
Michigan (Mr. Knollenberg) each will control 5 minutes.
  The Chair recognizes the gentlewoman from South Dakota (Ms. Herseth).

[[Page H5451]]

  Ms. HERSETH. Mr. Chairman, I yield myself such time as I may consume.
  I would like to begin by thanking the gentleman from Michigan (Mr. 
Knollenberg) and the gentleman from Massachusetts (Mr. Olver) and the 
members of the subcommittee for their hard work on this appropriations 
legislation. I realize that we are working with limited resources, and 
I commend them for their bipartisan efforts to craft the best possible 
legislation within the constraints of the budget resolution. But I am 
compelled to offer this significant amendment to the Transportation, 
Treasury and Housing appropriations bill.
  Within this bill that funds large Federal agencies like the 
Department of Transportation and the Department of Housing and Urban 
Development, the Federal Judiciary often is overlooked. Yet, this year, 
when the Congress has passed significant legislation that will increase 
the workload of the courts, we need to remember our responsibility to 
the Judiciary, our coequal branch of government.
  I had the privilege of working not only with a Federal District Court 
judge but also a Federal Appellate Court judge. I recognize their 
workload, their commitment and their dedication to serving our country. 
And I think that this amendment is fairly straightforward in 
recognition of their continued hard work in light of the significant 
legislation that increases their workload. It would add $6.9 million to 
the salaries and expenditures account in the Court of Appeals, District 
courts and other judicial services subsection of title IV of this act. 
It would be fully offset from the Federal buildings fund of the General 
Services Administration.
  This amendment will provide our Federal court system with the 
resources they need to manage the surge of complex litigation that they 
will receive as a result of the recently enacted Class Action Fairness 
Act of 2005. The administrative office of the U.S. courts has projected 
that as many as 300 complex class action lawsuits will be moved out of 
State courts and into Federal courts as a result of this new law, at an 
estimated cost of $23,000 per case for a total cost of $6.9 million.
  Federal courts are already burdened with a huge docket of criminal 
and immigration cases. Failure to increase funding for Federal courts 
to account for the increase in complicated class actions that will flow 
from the Class Action Fairness Act will drastically delay the judicial 
process for thousands of plaintiffs and defendants seeking civil 
redress in our Federal courts.
  The Senate has already recognized this need. In the 2005 emergency 
supplemental appropriations bill, it sought to provide increased 
funding to the Judiciary, but its language was stripped out in 
conference. It is time for the House to take responsibility for the 
anticipated impact of the Class Action Fairness Act when imposing 
significant new costs on the coequal branch of government. We have a 
duty to provide the necessary resources to meet those costs. My 
amendment will provide this funding, and I urge my colleagues to 
support it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. KNOLLENBERG. Mr. Chairman, I yield myself such time as I may 
consume. This amendment proposes to add $6.9 million to the Judiciary 
to pay for class action lawsuits. And I am certainly familiar with 
class action lawsuits. What I am not concerned about is class action 
lawsuits but rather the fact that the money that is coming out of GSA 
is becoming a burden, a big burden.
  The Judiciary has received an increase of more than $325 million 
above last year, or more than 6 percent. Of that total, the amendment 
received a $223 million increase in the bill. That is $223 million up.
  While I am sympathetic to the needs of the Judiciary, I believe that 
sufficient funds are being provided in the bill to address the intent 
of the amendment.
  Furthermore, as I said, GSA is being threatened, it seems, with death 
by a thousand cuts. I ask that the House not support amendment that 
compromise GSA's ability to provide safe and clean facilities for 
government agencies. And so therefore, I ask for a ``no'' vote.
  Mr. Chairman, I reserve the balance of my time.
  Ms. HERSETH. Mr. Chairman, I yield myself such time as I may consume.
  I appreciate the Chairman's concern about the GSA account. However, 
it is substantial. We know in our dealings with GSA that they can 
withstand certain cuts. I know other amendments throughout the day and 
this evening have been offered and have identified the GSA account for 
offsets. However, this is $6.9 million. I know that the chairman has 
acknowledged that the Judiciary has received an increase, but I would 
contend that it is nowhere near what is necessary for our coequal 
branch of government. Not only have we increased their jurisdiction 
from the Class Action Fairness Act, but other legislation passed by 
this body throughout this term. And I believe it is important 
especially when we are dealing with litigants who are trying to get 
civil relief.
  I have seen for myself, in working at the District Court level, other 
civil actions that keep getting pushed back and pushed back and pushed 
back because of the need to handle the increased caseload in both 
criminal law and immigration cases. And so I contend that the $6.9 
million can be withstood out of the GSA account, and that is necessary 
to increase this funding, particularly for the complex litigation that 
will make its way from the State courts into the Federal courts.
  So while I acknowledge the chairman's concern, I would continue to 
urge my colleagues to take a close look; understand that this is not a 
significant amount coming out of a very sizable account for GSA to help 
our colleagues in the judicial branch.
  Mr. Chairman, I reserve the balance of my time.
  Mr. KNOLLENBERG. Mr. Chairman, I yield myself such time as I may 
consume.
  I said pretty much what I felt was at issue here. And I think again 
it is GSA. If you remember when we started earlier in the day, GSA 
became the focus for any kind of money for any kind of purpose. And if 
anybody is doing any totaling, they will know that we are really 
stretching what ultimately is going to become a difficult problem for 
GSA. So when does the money have to flow back into GSA? At some point. 
I would rather not even go that direction and say that, as I have said 
before, that I would really prefer that the House not support 
amendments that compromise GSA's ability to provide safe and clean 
facilities for government agencies, and so I ask for a ``no'' vote.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  2115

  Ms. HERSETH. Mr. Chairman, I yield myself such time as I may consume.
  Just a final point. It becomes difficult when we are trying to 
allocate these limited resources, I know; and I would commend GSA for 
the work that it has done. But I do believe that when we are looking at 
our colleagues in the judiciary, a co-equal branch of government, and 
in response to not only Supreme Court decisions that will increase the 
workload in the area of sentencing for many of our judges, but again, 
the continued increase that we have seen in the criminal case load, 
immigration cases and elsewhere, that our primary concern should be 
with civil litigants, and we should be able to find this offset from 
GSA.
  Mr. Chairman, I yield back the balance of my time.
  Mr. KNOLLENBERG. Mr. Chairman, I yield myself such time as I may 
consume.
  Just briefly, the reason everybody is going to GSA is that is about 
the only place they can go for money. There is not any out there. So I, 
again, would ask strongly for a ``no'' vote on this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from South Dakota (Ms. Herseth).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Ms. HERSETH. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentlewoman from South Dakota (Ms. 
Herseth) will be postponed.
  The CHAIRMAN. The Clerk will read.

[[Page H5452]]

  The Clerk read as follows:

       In addition, for expenses of the United States Court of 
     Federal Claims associated with processing cases under the 
     National Childhood Vaccine Injury Act of 1986, not to exceed 
     $3,833,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.


                           Defender Services

       For the operation of Federal Defender organizations; the 
     compensation and reimbursement of expenses of attorneys 
     appointed to represent persons under the Criminal Justice Act 
     of 1964, as amended (18 U.S.C. 3006A); the compensation and 
     reimbursement of expenses of persons furnishing 
     investigative, expert and other services under the Criminal 
     Justice Act of 1964 as amended (18 U.S.C. 3006A(e)); the 
     compensation (in accordance with Criminal Justice Act 
     maximums) and reimbursement of expenses of attorneys 
     appointed to assist the court in criminal cases where the 
     defendant has waived representation by counsel; the 
     compensation and reimbursement of travel expenses of 
     guardians ad litem acting on behalf of financially eligible 
     minor or incompetent offenders in connection with transfers 
     from the United States to foreign countries with which the 
     United States has a treaty for the execution of penal 
     sentences; the compensation of attorneys appointed to 
     represent jurors in civil actions for the protection of their 
     employment, as authorized by 28 U.S.C. 1875(d); and for 
     necessary training and general administrative expenses, 
     $721,919,000, to remain available until expended.


                    Fees of Jurors and Commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71A(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71A(h)), $60,053,000, to remain 
     available until expended: Provided, That the compensation of 
     land commissioners shall not exceed the daily equivalent of 
     the highest rate payable under section 5332 of title 5, 
     United States Code.


                             Court Security

                     (including transfer of funds)

       For necessary expenses, not otherwise provided for, 
     incident to the provision of protective guard services for 
     United States courthouses and other facilities housing 
     Federal court operations, and the procurement, installation, 
     and maintenance of security systems and equipment for United 
     States courthouses and other facilities housing Federal court 
     operations, including building ingress-egress control, 
     inspection of mail and packages, directed security patrols, 
     perimeter security, basic security services provided by the 
     Federal Protective Service, and other similar activities as 
     authorized by section 1010 of the Judicial Improvement and 
     Access to Justice Act (Public Law 100-702), $379,461,000, of 
     which not to exceed $15,000,000 shall remain available until 
     expended, to be expended directly or transferred to the 
     United States Marshals Service, which shall be responsible 
     for administering the Judicial Facility Security Program 
     consistent with standards or guidelines agreed to by the 
     Director of the Administrative Office of the United States 
     Courts and the Attorney General.

           Administrative Office of the United States Courts


                         Salaries and Expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $70,262,000, 
     of which not to exceed $8,500 is authorized for official 
     reception and representation expenses.

                        Federal Judicial Center


                         Salaries and Expenses

       For necessary expenses of the Federal Judicial Center, as 
     authorized by Public Law 90-219, $22,249,000; of which 
     $1,800,000 shall remain available through September 30, 2007, 
     to provide education and training to Federal court personnel; 
     and of which not to exceed $1,500 is authorized for official 
     reception and representation expenses.

                       Judicial Retirement Funds


                    Payment to Judiciary Trust Funds

       For payment to the Judicial Officers' Retirement Fund, as 
     authorized by 28 U.S.C. 377(o), $36,800,000; to the Judicial 
     Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), 
     $600,000; and to the United States Court of Federal Claims 
     Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), 
     $3,200,000.

                  United States Sentencing Commission


                         Salaries and Expenses

       For the salaries and expenses necessary to carry out the 
     provisions of chapter 58 of title 28, United States Code, 
     $14,046,000, of which not to exceed $1,000 is authorized for 
     official reception and representation expenses.

                Administrative Provisions--The Judiciary

       Sec. 401. Appropriations and authorizations made in this 
     title which are available for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 402. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Judiciary in 
     this Act may be transferred between such appropriations, but 
     no such appropriation, except ``Courts of Appeals, District 
     Courts, and Other Judicial Services, Defender Services'' and 
     ``Courts of Appeals, District Courts, and Other Judicial 
     Services, Fees of Jurors and Commissioners'', shall be 
     increased by more than 10 percent by any such transfers: 
     Provided, That any transfer pursuant to this section shall be 
     treated as a reprogramming of funds under section 810 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 403. Notwithstanding any other provision of law, the 
     salaries and expenses appropriation for Courts of Appeals, 
     District Courts, and Other Judicial Services shall be 
     available for official reception and representation expenses 
     of the Judicial Conference of the United States: Provided, 
     That such available funds shall not exceed $11,000 and shall 
     be administered by the Director of the Administrative Office 
     of the United States Courts in the capacity as Secretary of 
     the Judicial Conference.

                   TITLE V--THE DISTRICT OF COLUMBIA

                             Federal Funds


              Federal Payment for Resident Tuition Support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated account, for a nationwide program 
     to be administered by the Mayor, for District of Columbia 
     resident tuition support, $33,200,000, to remain available 
     until expended: Provided, That such funds, including any 
     interest accrued thereon, may be used on behalf of eligible 
     District of Columbia residents to pay an amount based upon 
     the difference between in-State and out-of-State tuition at 
     public institutions of higher education, or to pay up to 
     $2,500 each year at eligible private institutions of higher 
     education: Provided further, That the awarding of such funds 
     may be prioritized on the basis of a resident's academic 
     merit, the income and need of eligible students and such 
     other factors as may be authorized: Provided further, That 
     the District of Columbia government shall maintain a 
     dedicated account for the Resident Tuition Support Program 
     that shall consist of the Federal funds appropriated to the 
     Program in this Act and any subsequent appropriations, any 
     unobligated balances from prior fiscal years, and any 
     interest earned in this or any fiscal year: Provided further, 
     That the account shall be under the control of the District 
     of Columbia Chief Financial Officer, who shall use those 
     funds solely for the purposes of carrying out the Resident 
     Tuition Support Program: Provided further, That the Office of 
     the Chief Financial Officer shall provide a quarterly 
     financial report to the Committees on Appropriations of the 
     House of Representatives and Senate for these funds showing, 
     by object class, the expenditures made and the purpose 
     therefor: Provided further, That not more than $1,200,000 of 
     the total amount appropriated for this program may be used 
     for administrative expenses.


   Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

       For necessary expenses, as determined by the Mayor of the 
     District of Columbia in written consultation with the elected 
     county or city officials of surrounding jurisdictions, 
     $15,000,000, to remain available until expended, to reimburse 
     the District of Columbia for the costs of providing public 
     safety at events related to the presence of the national 
     capital in the District of Columbia and for the costs of 
     providing support to respond to immediate and specific 
     terrorist threats or attacks in the District of Columbia or 
     surrounding jurisdictions: Provided, That any amount provided 
     under this heading shall be available only after notice of 
     its proposed use has been transmitted by the President to 
     Congress and such amount has been apportioned pursuant to 
     chapter 15 of title 31, United States Code.


           Federal Payment to the District of Columbia Courts

       For salaries and expenses for the District of Columbia 
     Courts, $221,693,000, to be allocated as follows: for the 
     District of Columbia Court of Appeals, $9,198,000, of which 
     not to exceed $1,500 is for official reception and 
     representation expenses; for the District of Columbia 
     Superior Court, $87,342,000, of which not to exceed $1,500 is 
     for official reception and representation expenses; for the 
     District of Columbia Court System, $41,643,000, of which not 
     to exceed $1,500 is for official reception and representation 
     expenses; and $83,510,000, to remain available until 
     September 30, 2007, for capital improvements for District of 
     Columbia courthouse facilities: Provided, That 
     notwithstanding any other provision of law, a single contract 
     or related contracts for development and construction of 
     facilities may be employed which collectively include the 
     full scope of the project: Provided further, That the 
     solicitation and contract shall contain the clause 
     ``availability of Funds'' found at 48 CFR 52.232-18: Provided 
     further, That funds made available for capital improvements 
     shall be expended consistent with the General Services 
     Administration master plan study and building evaluation 
     report: Provided further, That notwithstanding any other 
     provision of law, all amounts under this heading shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated

[[Page H5453]]

     for salaries and expenses of other Federal agencies, with 
     payroll and financial services to be provided on a 
     contractual basis with the General Services Administration 
     (GSA), and such services shall include the preparation of 
     monthly financial reports, copies of which shall be submitted 
     directly by GSA to the President and to the Committees on 
     Appropriations of the House of Representatives and Senate, 
     the Committee on Government Reform of the House of 
     Representatives, and the Committee on Governmental Affairs of 
     the Senate: Provided further, That 30 days after providing 
     written notice to the Committees on Appropriations of the 
     House of Representatives and Senate, the District of Columbia 
     Courts may reallocate not more than $1,000,000 of the funds 
     provided under this heading among the items and entities 
     funded under this heading for operations, and not more than 4 
     percent of the funds provided under this heading for 
     facilities.


            Defender Services in District of Columbia Courts

       For payments authorized under section 11-2604 and section 
     11-2605, D.C. Official Code (relating to representation 
     provided under the District of Columbia Criminal Justice 
     Act), payments for counsel appointed in proceedings in the 
     Family Court of the Superior Court of the District of 
     Columbia under chapter 23 of title 16, D.C. Official Code, or 
     pursuant to contractual agreements to provide guardian ad 
     litem representation, training, technical assistance and such 
     other services as are necessary to improve the quality of 
     guardian ad litem representation, payments for counsel 
     appointed in adoption proceedings under chapter 3 of title 
     16, D.C. Code, and payments for counsel authorized under 
     section 21-2060, D.C. Official Code (relating to 
     representation provided under the District of Columbia 
     Guardianship, Protective Proceedings, and Durable Power of 
     Attorney Act of 1986), $45,000,000, to remain available until 
     expended: Provided, That the funds provided in this Act under 
     the heading ``Federal Payment to the District of Columbia 
     Courts'' (other than the $83,510,000 provided under such 
     heading for capital improvements for District of Columbia 
     courthouse facilities) may also be used for payments under 
     this heading: Provided further, That in addition to the funds 
     provided under this heading, the Joint Committee on Judicial 
     Administration in the District of Columbia may use funds 
     provided in this Act under the heading ``Federal Payment to 
     the District of Columbia Courts'' (other than the $83,510,000 
     provided under such heading for capital improvements for 
     District of Columbia courthouse facilities), to make payments 
     described under this heading for obligations incurred during 
     any fiscal year: Provided further, That funds provided under 
     this heading shall be administered by the Joint Committee on 
     Judicial Administration in the District of Columbia: Provided 
     futher, That notwithstanding any other provision of law, this 
     appropriation shall be apportioned quarterly by the Office of 
     Management and Budget and obligated and expended in the same 
     manner as funds appropriated for expenses of other Federal 
     agencies, with payroll and financial services to be provided 
     on a contractual basis with the General Services 
     Administration (GSA), and such services shall include the 
     preparation of monthly financial reports, copies of which 
     shall be submitted directly by GSA to the President and to 
     the Committees on Appropriations of the House of 
     Representatives and Senate, the Committee on Government 
     Reform of the House of Representatives, and the Committee on 
     Governmental Affairs of the Senate.


 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

                     (including transfer of funds)

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia and the 
     Public Defender Service for the District of Columbia, as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act of 1997, $203,388,000, of which 
     not to exceed $2,000 is for official receptions and 
     representation expenses related to Community Supervision and 
     Pretrial Services Agency programs; of which not to exceed 
     $25,000 is for dues and assessments relating to the 
     implementation of the Court Services and Offender Supervision 
     Agency Interstate Supervision Act of 2002; of which 
     $131,360,000 shall be for necessary expenses of Community 
     Supervision and Sex Offender Registration, to include 
     expenses relating to the supervision of adults subject to 
     protection orders or the provision of services for or related 
     to such persons; of which $42,195,000 shall be available to 
     the Pretrial Services Agency; and of which $29,833,000 shall 
     be transferred to the Public Defender Service for the 
     District of Columbia: Provided, That notwithstanding any 
     other provision of law, all amounts under this heading shall 
     be apportioned quarterly by the Office of Management and 
     Budget and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of other Federal 
     agencies: Provided further, That the Director is authorized 
     to accept and use gifts in the form of in-kind contributions 
     of space and hospitality to support offender and defendant 
     programs, and equipment and vocational training services to 
     educate and train offenders and defendants: Provided further, 
     That the Director shall keep accurate and detailed records of 
     the acceptance and use of any gift or donation under the 
     previous proviso, and shall make such records available for 
     audit and public inspection: Provided further, That the Court 
     Services and Offender Supervision Agency Director is 
     authorized to accept and use reimbursement from the D.C. 
     Government for space and services provided on a cost 
     reimbursable basis: Provided further, That the Public 
     Defender Service is authorized to charge fees to cover costs 
     of materials distributed and training provided to attendees 
     of educational events, including conferences, sponsored by 
     the Public Defender Service, and notwithstanding section 3302 
     of title 31, United States Code, said fees shall be credited 
     to the Public Defender Service account to be available for 
     use without further appropriation.

              Federal Payment to the District of Columbia


                       Water and Sewer Authority

       For a Federal payment to the District of Columbia Water and 
     Sewer Authority, $10,000,000, to remain available until 
     expended, to continue implementation of the Combined Sewer 
     Overflow Long-Term Plan: Provided, That the District of 
     Columbia Water and Sewer Authority provides a 100 percent 
     match for this payment.


        Federal Payment for the Anacostia Waterfront Initiative

       For a Federal payment to the District of Columbia 
     Department of Transportation, $5,000,000, to remain available 
     until September 30, 2007, for design and construction of a 
     continuous pedestrian and bicycle trail system from the 
     Potomac River to the District's border with Maryland.


      Federal Payment to the Criminal Justice Coordinating Council

       For a Federal payment to the Criminal Justice Coordinating 
     Council, $1,300,000, to remain available until expended, to 
     support initiatives related to the coordination of Federal 
     and local criminal justice resources in the District of 
     Columbia.


  Federal Payment to the Office of the Chief Financial Officer of the 
                          District of Columbia

       For a Federal payment to the Office of the Chief Financial 
     Officer of the District of Columbia, $20,000,000: Provided, 
     That each entity that receives funding under this heading 
     shall submit to the Office of the Chief Financial Officer of 
     the District of Columbia (CFO) a report on the activities to 
     be carried out with such funds no later than March 15, 2006, 
     and the CFO shall submit a comprehensive report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate no later June 1, 2006.


                 Federal Payment for School Improvement

       For a Federal payment for a school improvement program in 
     the District of Columbia, $41,616,000, to be allocated as 
     follows: for the District of Columbia Public Schools, 
     $13,525,000 to improve public school education in the 
     District of Columbia; for the State Education Office, 
     $13,525,000 to expand quality public charter schools in the 
     District of Columbia, to remain available until September 30, 
     2007; for the Secretary of the Department of Education, 
     $14,566,000 to provide opportunity scholarships for students 
     in the District of Columbia in accordance with division C, 
     title III of the District of Columbia Appropriations Act, 
     2004 (Public Law 108-199; 118 Stat. 126), of which up to 
     $1,000,000 may be used to administer and fund assessments.


       Federal Payment for Bioterrorism and Forensics Laboratory

       For a Federal payment to the District of Columbia, 
     $7,200,000, to remain available until September 30, 2007, for 
     design, planning, and procurement costs associated with the 
     construction of a bioterrorism and forensics laboratory: 
     Provided, That the District of Columbia shall provide an 
     additional $1,500,000 with local funds as a condition of 
     receiving this payment.

                       District of Columbia Funds

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia, except as otherwise specifically 
     provided: Provided, That notwithstanding any other provision 
     of law, except as provided in section 450A of the District of 
     Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50a) 
     and provisions of this Act, the total amount appropriated in 
     this Act for operating expenses for the District of Columbia 
     for fiscal year 2006 under this heading shall not exceed the 
     lesser of the sum of the total revenues of the District of 
     Columbia for such fiscal year or $8,700,158,000 (of which 
     $5,007,344,000 shall be from local funds, $1,921,287,000 
     shall be from Federal grant funds, $1,754,399,000 shall be 
     from other funds, and $17,129,000 shall be from private 
     funds), in addition, $163,116,000 from funds previously 
     appropriated in this Act as Federal payments: Provided 
     further, That of the local funds, $466,830,000 shall be 
     derived from the District's general fund balance: Provided 
     further, That of these funds the District's intradistrict 
     authority shall be $468,486,000: Provided further, That the 
     amounts provided under this heading are to be allocated and 
     expended as proposed under ``Title II-District of Columbia 
     Funds'' of the Fiscal Year 2006 Proposed Budget and Financial 
     Plan submitted to the Congress of the United States by the 
     District of Columbia on June 6, 2005: Provided further,  That 
     this amount may be increased by proceeds of one-time 
     transactions, which are expended for emergency or 
     unanticipated operating or capital needs:

[[Page H5454]]

     Provided further, That such increases shall be approved by 
     enactment of local District law and shall comply with all 
     reserve requirements contained in the District of Columbia 
     Home Rule Act as amended by this Act: Provided further, That 
     the Chief Financial Officer of the District of Columbia shall 
     take such steps as are necessary to assure that the District 
     of Columbia meets these requirements, including the 
     apportioning by the Chief Financial Officer of the 
     appropriations and funds made available to the District 
     during fiscal year 2006, except that the Chief Financial 
     Officer may not reprogram for operating expenses any funds 
     derived from bonds, notes, or other obligations issued for 
     capital projects.


                   Governmental Direction and Support

            Administrative Provisions--District of Columbia

       Sec. 501. Whenever in this title, an amount is specified 
     within an appropriation for a particular purposes or objects 
     of expenditure, such amount, unless otherwise specified, 
     shall be considered as the maximum amount that may be 
     expended for said purpose or object rather than an amount set 
     apart exclusively therefor.
       Sec. 502. Appropriations in this title shall be available 
     for expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor, or, in the 
     case of the Council of the District of Columbia, funds may be 
     expended with the authorization of the Chairman of the 
     Council.
       Sec. 503. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government.
       Sec. 504. (a) Except as provided in subsection (b), no part 
     of this appropriation shall be used for publicity or 
     propaganda purposes or implementation of any policy including 
     boycott designed to support or defeat legislation pending 
     before Congress or any State legislature.
       (b) The District of Columbia may use local funds provided 
     in this title to carry out lobbying activities on any matter 
     other than--
       (1) the promotion or support of any boycott; or
       (2) statehood for the District of Columbia or voting 
     representation in Congress for the District of Columbia.
       (c) Nothing in this section may be construed to prohibit 
     any elected official from advocating with respect to any of 
     the issues referred to in subsection (b).
       Sec. 505. (a) None of the funds provided under this title 
     to the agencies funded by this title, both Federal and 
     District government agencies, that remain available for 
     obligation or expenditure in fiscal year 2006, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees available to the agencies 
     funded by this title, shall be available for obligation or 
     expenditures for an agency through a reprogramming of funds 
     which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) reestablishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $3,000,000 or 10 percent, whichever is less; or
       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center,

     unless the Committees on Appropriations of the House of 
     Representatives and Senate are notified in writing 15 days in 
     advance of the reprogramming.
       (b) None the local funds contained in this title may be 
     available for obligation or expenditure for an agency through 
     a transfer of any local funds in excess of $3,000,000 from 
     one appropriation heading to another unless the Committees on 
     Appropriations of the House of Representatives and Senate are 
     notified in writing 15 days in advance of the transfer, 
     except that in no event may the amount of any funds 
     transferred exceed 4 percent of the local funds in the 
     appropriations.
       Sec. 506. Consistent with the provisions of section 1301(a) 
     of title 31, United States Code, appropriations under this 
     title shall be applied only to the objects for which the 
     appropriations were made except as otherwise provided by law.
       Sec. 507. Notwithstanding any other provisions of law, the 
     provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; 
     D.C. Official Code, sec. 1-601.01 et seq.), enacted pursuant 
     to section 422(3) of the District of Columbia Home Rule Act 
     (D.C. Official Code, sec. 1-204l.22(3)), shall apply with 
     respect to the compensation of District of Columbia 
     employees. For pay purposes, employees of the District of 
     Columbia government shall not be subject to the provisions of 
     title 5, United States Code.
       Sec. 508. No later than 30 days after the end of the first 
     quarter of fiscal year 2006, the Mayor of the District of 
     Columbia shall submit to the Council of the District of 
     Columbia and the Committees on Appropriations of the House of 
     Representatives and Senate the new fiscal year 2006 revenue 
     estimates as of the end of such quarter. These estimates 
     shall be used in the budget request for fiscal year 2007. The 
     officially revised estimates at midyear shall be used for the 
     midyear report.
       Sec. 509. No sole source contract with the District of 
     Columbia government or any agency thereof may be renewed or 
     extended without opening that contract to the competitive 
     bidding process as set forth in section 303 of the District 
     of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; 
     D.C. Official Code, sec. 2-303.03), except that the District 
     of Columbia government or any agency thereof may renew or 
     extend sole source contracts for which competition is not 
     feasible or practical, but only if the determination as to 
     whether to invoke the competitive bidding process has been 
     made in accordance with duly promulgated rules and procedures 
     and has been reviewed and certified by the Chief Financial 
     Officer of the District of Columbia.
       Sec. 510. None of the Federal funds provided in this title 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 511. None of the Federal funds made available in this 
     title may be used to implement or enforce the Health Care 
     Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official 
     Code, sec. 32-701 et seq.) or to otherwise implement or 
     enforce any system of registration of unmarried, cohabiting 
     couples, including but not limited to registration for the 
     purpose of extending employment, health, or governmental 
     benefits to such couples on the same basis that such benefits 
     are extended to legally married couples.
       Sec. 512. (a) Notwithstanding any other provision of this 
     title, the Mayor, in consultation with the Chief Financial 
     Officer of the District of Columbia may accept, obligate, and 
     expend Federal, private, and other grants received by the 
     District government that are not reflected in the amounts 
     appropriated in this title.
       (b)(1) No such Federal, private, or other grant may be 
     obligated, or expended pursuant to subsection (a) until--
       (A) the Chief Financial Officer of the District of Columbia 
     submits to the Council a report setting forth detailed 
     information regarding such grant; and
       (B) the Council has reviewed and approved the obligation, 
     and expenditure of such grant.
       (2) For purposes of paragraph (1)(B), the Council shall be 
     deemed to have reviewed and approved the obligation, and 
     expenditure of a grant if--
       (A) no written notice of disapproval is filed with the 
     Secretary of the Council within 14 calendar days of the 
     receipt of the report from the Chief Financial Officer under 
     paragraph (1)(A); or
       (B) if such a notice of disapproval is filed within such 
     deadline, the Council does not by resolution disapprove the 
     obligation, or expenditure of the grant within 30 calendar 
     days of the initial receipt of the report from the Chief 
     Financial Officer under paragraph (1)(A).
       (c) No amount may be obligated or expended from the general 
     fund or other funds of the District of Columbia government in 
     anticipation of the approval or receipt of a grant under 
     subsection (b)(2) or in anticipation of the approval or 
     receipt of a Federal, private, or other grant not subject to 
     such subsection.
       (d) The Chief Financial Officer of the District of Columbia 
     may adjust the budget for Federal, private, and other grants 
     received by the District government reflected in the amounts 
     appropriated in this title, or approved and received under 
     subsection (b)(2) to reflect a change in the actual amount of 
     the grant.
       (e) The Chief Financial Officer of the District of Columbia 
     shall prepare a quarterly report setting forth detailed 
     information regarding all Federal, private, and other grants 
     subject to this section. Each such report shall be submitted 
     to the Council of the District of Columbia and to the 
     Committees on Appropriations of the House of Representatives 
     and Senate not later than 15 days after the end of the 
     quarter covered by the report.
       Sec. 513. (a) Except as otherwise provided in this section, 
     none of the funds made available by this title or by any 
     other title may be used to provide any officer or employee of 
     the District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this paragraph, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or is 
     otherwise designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day or is otherwise 
     designated by the Fire Chief;
       (3) the Mayor of the District of Columbia; and

[[Page H5455]]

       (4) the Chairman of the Council of the District of 
     Columbia.
       (b) The Chief Financial Officer of the District of Columbia 
     shall submit by March 1, 2006, an inventory, as of September 
     30, 2005, of all vehicles owned, leased or operated by the 
     District of Columbia government. The inventory shall include, 
     but not be limited to, the department to which the vehicle is 
     assigned; the year and make of the vehicle; the acquisition 
     date and cost; the general condition of the vehicle; annual 
     operating and maintenance costs; current mileage; and whether 
     the vehicle is allowed to be taken home by a District officer 
     or employee and if so, the officer or employee's title and 
     resident location.
       Sec. 514. None of the funds contained in this title may be 
     used for purposes of the annual independent audit of the 
     District of Columbia government for fiscal year 2006 unless--
       (1) the audit is conducted by the Inspector General of the 
     District of Columbia, in coordination with the Chief 
     Financial Officer of the District of Columbia, pursuant to 
     section 208(a)(4) of the District of Columbia Procurement 
     Practices Act of 1985 (D.C. Official Code, sec. 2-302.8); and
       (2) the audit includes as a basic financial statement a 
     comparison of audited actual year-end results with the 
     revenues submitted in the budget document for such year and 
     the appropriations enacted into law for such year using the 
     format, terminology, and classifications contained in the law 
     making the appropriations for the year and its legislative 
     history.
       Sec. 515. (a) None of the funds contained in this title may 
     be used by the District of Columbia Corporation Counsel or 
     any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Corporation Counsel from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 516. (a) None of the funds contained in this title may 
     be used for any program of distributing sterile needles or 
     syringes for the hypodermic injection of any illegal drug.
       (b) Any individual or entity who receives any funds 
     contained in this title and who carries out any program 
     described in subsection (a) shall account for all funds used 
     for such program separately from any funds contained in this 
     title.
       Sec. 517. None of the funds contained in this title may be 
     used after the expiration of the 60-day period that begins on 
     the date of the enactment of this title to pay the salary of 
     any chief financial officer of any office of the District of 
     Columbia government (including any independent agency of the 
     District of Columbia) who has not filed a certification with 
     the Mayor and the Chief Financial Officer of the District of 
     Columbia that the officer understands the duties and 
     restrictions applicable to the officer and the officer's 
     agency as a result of this title (and the amendments made by 
     this title), including any duty to prepare a report requested 
     either in the title or in any of the reports accompanying the 
     title and the deadline by which each report must be 
     submitted: Provided, That the Chief Financial Officer of the 
     District of Columbia shall provide to the Committees on 
     Appropriations of the House of Representatives and Senate by 
     the 10th day after the end of each quarter a summary list 
     showing each report, the due date, and the date submitted to 
     the Committees.
       Sec. 518. Nothing in this title may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 519. The Mayor of the District of Columbia shall 
     submit to the Committees on Appropriations of the House of 
     Representatives and Senate, the Committee on Government 
     Reform of the House of Representatives, and the Committee on 
     Governmental Affairs of the Senate quarterly reports 
     addressing--
       (1) crime, including the homicide rate, implementation of 
     community policing, the number of police officers on local 
     beats, and the closing down of open-air drug markets;
       (2) access to substance and alcohol abuse treatment, 
     including the number of treatment slots, the number of people 
     served, the number of people on waiting lists, and the 
     effectiveness of treatment programs;
       (3) management of parolees and pre-trial violent offenders, 
     including the number of halfway houses escapes and steps 
     taken to improve monitoring and supervision of halfway house 
     residents to reduce the number of escapes to be provided in 
     consultation with the Court Services and Offender Supervision 
     Agency for the District of Columbia;
       (4) education, including access to special education 
     services and student achievement to be provided in 
     consultation with the District of Columbia Public Schools and 
     the District of Columbia public charter schools;
       (5) improvement in basic District services, including rat 
     control and abatement;
       (6) application for and management of Federal grants, 
     including the number and type of grants for which the 
     District was eligible but failed to apply and the number and 
     type of grants awarded to the District but for which the 
     District failed to spend the amounts received; and
       (7) indicators of child well-being.
       Sec. 520. (a) No later than 30 calendar days after the date 
     of the enactment of this Act, the Chief Financial Officer of 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council of the 
     District of Columbia a revised appropriated funds operating 
     budget in the format of the budget that the District of 
     Columbia government submitted pursuant to section 442 of the 
     District of Columbia Home Rule Act (D.C. Official Code, sec. 
     1-204.42), for all agencies of the District of Columbia 
     government for fiscal year 2006 that is in the total amount 
     of the approved appropriation and that realigns all budgeted 
     data for personal services and other-than-personal-services, 
     respectively, with anticipated actual expenditures.
       (b) This section shall apply only to an agency where the 
     Chief Financial Officer of the District of Columbia certifies 
     that a reallocation is required to address unanticipated 
     changes in program requirements.
       Sec. 521. None of the Federal funds made available in this 
     title may be transferred to any department, agency, or 
     instrumentality of the United States Government, except 
     pursuant to a transfer made by, or transfer authority 
     provided in, this Act or any other appropriation Act.
       Sec. 522. Notwithstanding any other law, in fiscal year 
     2006 and in each subsequent fiscal year, the District of 
     Columbia Courts shall transfer to the general treasury of the 
     District of Columbia all fines levied and collected by the 
     Courts under section 10(b)(1) and (2) of the District of 
     Columbia Traffic Act (D.C. Official Code, sec. 50-
     2201.05(b)(1) and (2)): Provided, that the transferred funds 
     are hereby made available and shall remain available until 
     expended and shall be used by the Office of the Attorney 
     General of the District of Columbia for enforcement and 
     prosecution of District traffic alcohol laws in accordance 
     with section 10(b)(3) of the District of Columbia Traffic Act 
     (D.C. Official Code, sec. 50-2201.05(b)(3)).
       Sec. 523. (a) None of the funds contained in this Act may 
     be made available to pay--
       (1) the fees of an attorney who represents a party in an 
     action or an attorney who defends an action brought against 
     the District of Columbia Public Schools under the Individuals 
     with Disabilities Education Act (20 U.S.C. 1400 et seq.) in 
     excess of $4,000 for that action; or
       (2) the fees of an attorney or firm whom the Chief 
     Financial Officer of the District of Columbia determines to 
     have a pecuniary interest, either through an attorney, 
     officer, or employee of the firm, in any special education 
     diagnostic services, schools, or other special education 
     service providers.
       (b) In this section, the term ``action'' includes an 
     administrative proceeding and any ensuing or related 
     proceedings before a court of competent jurisdiction.
       Sec. 524. The Chief Financial Officer of the District of 
     Columbia shall require attorneys in special education cases 
     brought under the Individuals with Disabilities Education Act 
     (IDEA) in the District of Columbia to certify in writing that 
     the attorney or representative rendered any and all services 
     for which they receive awards, including those received under 
     a settlement agreement or as part of an administrative 
     proceeding, under the IDEA from the District of Columbia. As 
     part of the certification, the Chief Financial Officer of the 
     District of Columbia shall require all attorneys in IDEA 
     cases to disclose any financial, corporate, legal, 
     memberships on boards of directors, or other relationships 
     with any special education diagnostic services, schools, or 
     other special education service providers to which the 
     attorneys have referred any clients as part of this 
     certification. The Chief Financial Officer shall prepare and 
     submit quarterly reports to the Committees on Appropriations 
     of the House of Representatives and Senate on the 
     certification of and the amount paid by the government of the 
     District of Columbia, including the District of Columbia 
     Public Schools, to attorneys in cases brought under IDEA. The 
     Inspector General of the District of Columbia may conduct 
     investigations to determine the accuracy of the 
     certifications.
       Sec. 525. The amount appropriated by this title may be 
     increased by no more than $42,000,000 from funds identified 
     in the comprehensive annual financial report as the 
     District's fiscal year 2005 unexpended general fund surplus. 
     The District may obligate and expend these amounts only in 
     accordance with the following conditions:
       (1) The Chief Financial Officer of the District of Columbia 
     shall certify that the use of any such amounts is not 
     anticipated to have a negative impact on the District's long-
     term financial, fiscal, and economic vitality.
       (2) The District of Columbia may only use these funds for 
     the following expenditures:
       (A) One-time expenditures.
       (B) Expenditures to avoid deficit spending.
       (C) Debt Reduction.
       (D) Program needs.
       (E) Expenditures to avoid revenue shortfalls.
       (3) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council in support of 
     each such obligation or expenditure.
       (4) The amounts may not be used to fund the agencies of the 
     District of Columbia government under court ordered 
     receivership.
       (5) The amounts may not be obligated or expended unless the 
     Mayor notifies the Committees on Appropriations of the House 
     of

[[Page H5456]]

     Representatives and Senate not fewer than 30 days in advance 
     of the obligation or expenditure.
       Sec. 526. (a) The fourth proviso in the item relating to 
     ``Federal Payment for School Improvement'' in the District of 
     Columbia Appropriations Act, 2005 (Public Law 108-335; 118 
     Stat. 1327) is amended--
       (1) by striking ``$4,000,000'' and inserting ``$4,000,000, 
     to remain available until expended,''; and
       (2) by striking ``$2,000,000 shall be for a new incentive 
     fund'' and inserting ``$2,000,000, to remain available until 
     expended, shall be for a new incentive fund''.
       (b) The amendments made by subsection (a) shall take effect 
     as if included in the enactment of the District of Columbia 
     Appropriations Act, 2005.
       Sec. 527. (a) To account for an unanticipated growth of 
     revenue collections, the amount appropriated as District of 
     Columbia Funds pursuant to this Act may be increased--
       (1) by an aggregate amount of not more than 25 percent, in 
     the case of amounts proposed to be allocated as ``Other-Type 
     Funds'' in the Fiscal Year 2006 Proposed Budget and Financial 
     Plan submitted to Congress by the District of Columbia on 
     June 6, 2005; and
       (2) by an aggregate amount of not more than 6 percent, in 
     the case of any other amounts proposed to be allocated in 
     such Proposed Budget and Financial Plan.
       (b) The District of Columbia may obligate and expend any 
     increase in the amount of funds authorized under this section 
     only in accordance with the following conditions:
       (1) The Chief Financial Officer of the District of Columbia 
     shall certify--
       (A) the increase in revenue; and
       (B) that the use of the amounts is not anticipated to have 
     a negative impact on the long-term financial, fiscal, or 
     economic health of the District.
       (2) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council of the District 
     of Columbia in support of each such obligation and 
     expenditure, consistent with the requirements of this Act.
       (3) The amounts may not be used to fund any agencies of the 
     District government operating under court-ordered 
     receivership.
       (4) The amounts may not be obligated or expended unless the 
     Mayor has notified the Committees on Appropriations of the 
     House of Representatives and Senate not fewer than 30 days in 
     advance of the obligation or expenditure.
       Sec. 528. (a) Notwithstanding section 450A of the District 
     of Columbia Home Rule Act, during fiscal year 2006 the 
     District of Columbia may allocate amounts from the emergency 
     reserve fund established under section 450A(a) of such Act 
     and the contingency reserve fund established under section 
     450A(b) of such Act and use such amounts to fund the 
     operations of the District government during such fiscal year 
     (consistent with the requirements of this Act and other 
     applicable law).
       (b) The aggregate amount allocated from the emergency 
     reserve fund or the contingency reserve fund under this 
     section may not exceed 50 percent of the balance of the fund 
     involved as of October 1, 2005.
       (c) If the District of Columbia allocates any amounts from 
     a reserve fund under this section, the District shall fully 
     replenish the fund for the amounts allocated not later than 
     February 15, 2007.
       Sec. 529. Notwithstanding any other provision of this Act, 
     there is hereby appropriated for the Office of the Inspector 
     General such amounts in local funds, as are consistent with 
     the annual estimates for the expenditures and appropriations 
     necessary for the operation of the Office of the Inspector 
     General as prepared by the Inspector General and submitted to 
     the Mayor and forwarded to the Council pursuant to D.C. 
     Official Code 2-302.08(a)(2)(A) for fiscal year 2005: 
     Provided, That the Office of the Chief Financial Officer 
     shall take such steps as are necessary to implement the 
     provisions of this subsection.
       Sec. 530. (a) None of the funds contained in this title may 
     be used to enact or carry out any law, rule, or regulation to 
     legalize or otherwise reduce penalties associated with the 
     possession, use, or distribution of any schedule I substance 
     under the Controlled Substances Act (21 U.S.C. 802) or any 
     tetrahydrocannabinols derivative.
       (b) The Legalization of Marijuana for Medical Treatment 
     Initiative of 1998, also known as Initiative 59, approved by 
     the electors of the District of Columbia on November 3, 1998, 
     shall not take effect.
       Sec. 531. None of the funds appropriated under this title 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.

  Mr. LEWIS of California (during the reading). Mr. Chairman, I ask 
unanimous consent that the bill through page 148, line 23, be 
considered as read, printed in the Record, and open to amendment at any 
point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

 TITLE VI--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO 
                             THE PRESIDENT

                     Compensation of the President

       For compensation of the President, including an expense 
     allowance at the rate of $50,000 per annum as authorized by 3 
     U.S.C. 102, $450,000: Provided, That none of the funds made 
     available for official expenses shall be expended for any 
     other purpose and any unused amount shall revert to the 
     Treasury pursuant to section 1552 of title 31, United States 
     Code.

                           White House Office


                         salaries and expenses

       For necessary expenses for the White House as authorized by 
     law, including not to exceed $3,850,000 for services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
     expenses as authorized by 3 U.S.C. 105, which shall be 
     expended and accounted for as provided in that section; hire 
     of passenger motor vehicles, newspapers, periodicals, 
     teletype news service, and travel (not to exceed $100,000 to 
     be expended and accounted for as provided by 3 U.S.C. 103); 
     and not to exceed $19,000 for official entertainment 
     expenses, to be available for allocation within the Executive 
     Office of the President, $53,830,000: Provided, That of the 
     funds appropriated under this heading, $750,000 shall be for 
     the Privacy and Civil Liberties Oversight Board.


                Amendment No. 8 Offered by Mrs. Maloney

  Mrs. MALONEY. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mrs. Maloney:
       Page 150, line 1, strike ``$750,000'' and insert 
     ``$3,000,000''.


           Modification to Amendment Offered by Mrs. Maloney

  Mrs. MALONEY. Mr. Chairman, I ask unanimous consent that the 
amendment be modified in the form at the desk.
  The CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to amendment No. 8 offered by Mrs. Maloney:
       Page 150, line 1, strike ``$750,000'' and insert 
     ``$1,500,000''.

  The CHAIRMAN. Is there objection to the modification offered by the 
gentlewoman from New York?
  There was no objection.
  The CHAIRMAN. Pursuant to the order of the House of today, the 
gentlewoman from New York (Mrs. Maloney) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from New York (Mrs. Maloney).
  Mrs. MALONEY. Mr. Chairman, I yield myself such time as I may 
consume.
  (Mrs. MALONEY asked and was given permission to revise and extend her 
remarks.)
  Mrs. MALONEY. Mr. Chairman, I thank very much the gentleman from 
Michigan (Mr. Knollenberg) and the ranking member, the gentleman from 
Massachusetts (Mr. Olver), for accepting my amendment and this 
modification which we worked on together with the gentleman from 
Connecticut (Mr. Shays) and the gentleman from New Mexico (Mr. Udall).
  Our amendment would double the funding for the government wide 
Privacy and Civil Liberties Board.
  Mr. Chairman, one way Congress and the President can show their 
support for a program is the level of funding appropriated.
  When we passed the Intelligence Reform and Terrorism Prevention Act 
last year a key aspect of this legislation was the creation of a 
government-wide Privacy and Civil Liberties Board.
  In the legislation, Congress and the President negotiated that this 
board would receive ``such sums necessary'' for the board's operations. 
We recognized that a robust civil liberties board is a critical tool in 
the fight against terrorism.
  The board we have is a giant step toward this goal and I am pleased 
that the necessary appointments to this board have been made. Right now 
we are awaiting Senate confirmation of the chair and vice-chair.
  The appropriations bill before us today and the budget the President 
submitted both include a sum of $750,000 for this board. This board is 
to be funded from the $53 million account provided for the Executive 
Office of the President.
  Since the President made the request of $750,000, there has been 
concern that this was not an adequate funding level for a board charged 
with monitoring civil liberties and privacy government-wide. That is 
why we are offering an amendment to today's bill to increase funding 
for the board from $750,000 to $1.5 million.
  Our amendment would increase the amount reserved for the board in the 
funding for the

[[Page H5457]]

Executive Office of the President. Should our amendment prevail, the 
Executive Office of the President will still have discretion of over 
$50 million of their $53 million budget.
  Increasing funding from $750,000 to $1.5 million is a modest, but 
important increase. Quite frankly, we provide much more than $750,000 
to each Member to fund the operation of their Congressional Office. How 
can we expect a board to monitor privacy and civil liberties 
government-wide for less than the cost of funding one of our offices?
  This funding will be the difference between a board that will 
struggle standing itself up due to budget constraints, to a board that 
is able to do their job with the staff and infrastructure needed to 
appropriately monitor privacy and civil liberties. Supporting this 
amendment will send a message that Congress fully intends to support 
this important board and that we take the job of protecting the 
American people's civil liberties seriously. To put this in 
perspective, a $1.5 million funding level is still far less than the 
$13 million budget for the Privacy Office at the Department of Homeland 
Security.
  It should be noted that the 9/11 Commission in their Reports stated 
in their recommendation for the creation of a civil liberties board 
stated: ``If our liberties are curtailed, we lose the value we are 
struggling to defend.''
  I know that I do not have to remind anyone here about the importance 
of preventing a future attack, but in order to make sure that the 
American people remain steadfast in our fight and we do not unduly 
violate the privacy and civil liberties we must empower this board to 
do their job.
  I have a poster here of some very questionable headlines regarding 
civil liberties. Including: A New York Times headline: ``Secret court 
says F.B.I. misled judges in 75 cases'' or A Washington Times headline 
``Bill seen as threat civil liberties'' and a CBS News headline of 
``Patriot Act Abuses Seen'' They may speak the truth or they may be 
hyperbole, but we may never know unless we appropriately fund this 
board.
  One issue that I would like the new board to investigate is the 
Social Security's use of their ``adhoc'' authority to release Social 
Security data after 9/11. While I have confidence that the Social 
Security Administration acted properly in releasing data, a front page 
story last week in the New York Times, as well as documents the 
administration released in a FOIA request, raises more questions than 
answers.
  The story reported that the Social Security Administration has 
relaxed its privacy restrictions and searched thousands of its files at 
the request of the F.B.I. as part of terrorism investigations since the 
Sept. 11, 2001, attacks.
  This might be all above the board or there might be something that is 
worth looking into. Regardless we need a board that has the resources 
to undertake such a project.
  I would also like to mention that I and the other sponsors of this 
amendment have been advocates for an even more robust board. In the 
future I think we need to consider such things as granting subpoena 
power to the board. But today, we must make a commitment of funding to 
this board.
  To quote former 9/11 Commissioner Richard BenVeniste: ``The proposed 
budget of $750,000 for the new Board is plainly inadequate to carry out 
the robust oversight function the 9-11 Commission deemed critical to 
ensuring that enhanced governmental powers to combat terrorism are not 
misused.''
  Mr. LEWIS of California. Mr. Chairman, will the gentlewoman yield?
  Mrs. MALONEY. I yield to the gentleman from California.
  Mr. LEWIS of California. Mr. Chairman, we will accept the amendment.
  Mrs. MALONEY. Mr. Chairman, reclaiming my time, I thank the chairman 
for accepting the amendment and for accepting the doubling of the 
funding.
  Mr. Chairman, I yield for the purpose of making a unanimous consent 
request to the gentleman from Connecticut (Mr. Shays).
  (Mr. SHAYS asked and was given permission to revise and extend his 
remarks.)
  Mr. SHAYS. Mr. Chairman, I thank the chairman for accepting the 
amendment.
  I rise in strong support of this amendment, which would increase 
funding for the Privacy and Civil Liberties Oversight Board, created by 
the Intelligence Reform and Terrorism Prevention Act (P.L. 108-458), to 
$1.5 million.
  The bill currently reserves $750,000 of the $53 million budget of the 
Executive Office of the President for the Privacy and Civil Liberties 
Oversight Board. The amendment would reserve $3 million of this $53 
million budget. This level of funding is closer to what was initially 
given to the 9/11 Commission.
  The purpose of the Privacy and Civil Liberties Oversight Board is to 
ensure the protection of civil liberties by the Federal Government. The 
appropriate amount of funding is crucial in ensuring that privacy and 
civil liberties concern are appropriately considered. This will prove 
significant in the implementation of laws, regulations, and executive 
branch policies related to efforts to protect our Nation against 
terrorism.
  In addition, the additional funding will allow the board to develop 
the infrastructure they need to do their job and will demonstrate 
Congress' intentions to fully support this significant board.
  We certainly understand the need to aggressively fight the war on 
terror, but the 9/11 Commission Report reminds us that, ``The choice 
between security and liberty is a false choice, as nothing is more 
likely to endanger America's liberties than the success of a terrorist 
attack at home. Our history has shown that this insecurity threatens 
liberty at home. Yet if our liberties are curtailed, we lose the values 
that we are struggling to defend.''
  The Privacy and Civil Liberties Oversight Board is an important body. 
We must do everything we can to ensure its efficiency and operation.
  Mrs. MALONEY. Mr. Chairman, I yield for the purpose of making a 
unanimous consent request to the gentleman from New Mexico (Mr. Udall).
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Mr. Chairman, I thank the chairman for 
graciously accepting this amendment.
  Mr. Chairman, this amendment is a simple and straightforward way of 
ensuring that our privacy rights and civil liberties are adequately 
protected.
  We all should applaud the creation of the Privacy and Civil Liberties 
Board in the Intelligence Reform bill. Recognizing that many of their 
recommendations called for increased government powers, the 9/11 
Commissioners unanimously expressed the need for a viable Privacy and 
Civil Liberties Board to strike the right balance. They said that the 
choice between security and liberty is a false choice. They are right.
  I was pleased that, after calling on President Bush last Spring to 
put forth his nominations and appointments for the Privacy and Civil 
Liberties Board, he did so on June 10th. The sooner we can get the 
Board up and running, the better.
  If we want to take this Board seriously the current level of funding 
is clearly inadequate; $750,000 is simply not enough for a Board 
charged with monitoring privacy and civil liberties implications of 
Federal regulations, executive branch policies and procedures, and 
public law. 9/11 Commissioner Richard Ben-Veniste agrees, saying that 
the current amount is ``plainly inadequate to carry out the robust 
oversight function the 9/11 Commission deemed critical to ensuring that 
enhanced governmental powers to combat terrorism are not misused.''
  The Maloney/Shays/Udall amendment increases the amount reserved for 
the Board to $3 million--the same amount that was initially given to 
the 9/11 Commission. And the level of funding in the bill for the 
Executive Office of the President will remain the same.
  To be clear, a vote on this amendment is not a question of the 
Board's activities--which were laid out in the Intelligence Reform law. 
It is simply of an issue of giving the Board the funding they need to 
do the job it was created to do.
  I urge a ``yes'' vote on this amendment.
  Mrs. MALONEY. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from New York (Mrs. Maloney), as modified.
  The amendment, as modified, was agreed to.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                 Executive Residence at the White House


                           operating expenses

       For the care, maintenance, repair and alteration, 
     refurnishing, improvement, heating, and lighting, including 
     electric power and fixtures, of the Executive Residence at 
     the White House and official entertainment expenses of the 
     President, $12,436,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114.


                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such sums as may be necessary: Provided, 
     That all reimbursable operating expenses of the Executive 
     Residence shall be made in accordance with the provisions of 
     this paragraph: Provided further, That, notwithstanding any 
     other provision of law, such amount for reimbursable 
     operating expenses shall be the exclusive authority of the 
     Executive Residence to incur obligations and to receive 
     offsetting collections, for such expenses: Provided further, 
     That the Executive Residence shall require each person 
     sponsoring a reimbursable political event to pay in advance 
     an amount equal to the estimated cost of the event, and all 
     such advance payments shall

[[Page H5458]]

     be credited to this account and remain available until 
     expended: Provided further, That the Executive Residence 
     shall require the national committee of the political party 
     of the President to maintain on deposit $25,000, to be 
     separately accounted for and available for expenses relating 
     to reimbursable political events sponsored by such committee 
     during such fiscal year: Provided further, That the Executive 
     Residence shall ensure that a written notice of any amount 
     owed for a reimbursable operating expense under this 
     paragraph is submitted to the person owing such amount within 
     60 days after such expense is incurred, and that such amount 
     is collected within 30 days after the submission of such 
     notice: Provided further, That the Executive Residence shall 
     charge interest and assess penalties and other charges on any 
     such amount that is not reimbursed within such 30 days, in 
     accordance with the interest and penalty provisions 
     applicable to an outstanding debt on a United States 
     Government claim under section 3717 of title 31, United 
     States Code: Provided further, That each such amount that is 
     reimbursed, and any accompanying interest and charges, shall 
     be deposited in the Treasury as miscellaneous receipts: 
     Provided further, That the Executive Residence shall prepare 
     and submit to the Committees on Appropriations, by not later 
     than 90 days after the end of the fiscal year covered by this 
     Act, a report setting forth the reimbursable operating 
     expenses of the Executive Residence during the preceding 
     fiscal year, including the total amount of such expenses, the 
     amount of such total that consists of reimbursable official 
     and ceremonial events, the amount of such total that consists 
     of reimbursable political events, and the portion of each 
     such amount that has been reimbursed as of the date of the 
     report: Provided further, That the Executive Residence shall 
     maintain a system for the tracking of expenses related to 
     reimbursable events within the Executive Residence that 
     includes a standard for the classification of any such 
     expense as political or nonpolitical: Provided further, That 
     no provision of this paragraph may be construed to exempt the 
     Executive Residence from any other applicable requirement of 
     subchapter I or II of chapter 37 of title 31, United States 
     Code.

                   White House Repair and Restoration

       For the repair, alteration, and improvement of the 
     Executive Residence at the White House, $1,700,000, to remain 
     available until expended, for required maintenance, safety 
     and health issues, and continued preventative maintenance.

                      Council of Economic Advisers


                         salaries and expenses

       For necessary expenses of the Council of Economic Advisers 
     in carrying out its functions under the Employment Act of 
     1946 (15 U.S.C. 1021), $4,040,000.

                      Office of Policy Development


                         salaries and expenses

       For necessary expenses of the Office of Policy Development, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, $3,500,000.

                       National Security Council


                         salaries and expenses

       For necessary expenses of the National Security Council, 
     including services as authorized by 5 U.S.C. 3109, 
     $8,705,000.

                        Office of Administration


                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles, 
     $89,322,000, of which $11,768,000 shall remain available 
     until expended for the Capital Investment Plan for continued 
     modernization of the information technology infrastructure 
     within the Executive Office of the President.

                    Office of Management and Budget


                         Salaries and Expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109 and to carry out the 
     provisions of chapter 35 of title 44, United States Code, 
     $76,930,000, of which not to exceed $3,000 shall be available 
     for official representation expenses: Provided, That, as 
     provided in 31 U.S.C. 1301(a), appropriations shall be 
     applied only to the objects for which appropriations were 
     made and shall be allocated in accordance with the terms and 
     conditions set forth in the accompanying Report except as 
     otherwise provided by law: Provided further, That none of the 
     funds appropriated in this Act for the Office of Management 
     and Budget may be used for the purpose of reviewing any 
     agricultural marketing orders or any activities or 
     regulations under the provisions of the Agricultural 
     Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): 
     Provided further, That none of the funds made available for 
     the Office of Management and Budget by this Act may be 
     expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or their subcommittees: Provided further, That 
     the preceding shall not apply to printed hearings released by 
     the Committees on Appropriations.


                    Amendment Offered by Ms. Hooley

  Ms. HOOLEY. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Ms. Hooley:
       Page 154, line 1, after the dollar amount insert the 
     following: ``(reduced by $9,000,000)''.
       Page 156, line 6, after the dollar amount insert the 
     following: ``(increased by $9,000,000)''.

  The CHAIRMAN. Pursuant to the order of the House of today, the 
gentlewoman from Oregon (Ms. Hooley) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Oregon (Ms. Hooley).
  Ms. HOOLEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, in my three decades of public service I do not think I 
have ever seen a problem as pervasive and damaging as Oregon's meth 
epidemic.
  Meth is one of the fastest growing drug problems in the Nation. It is 
cheap, easy to make, and give addicts an intense, long-lasting high; 
but it destroys their brain, causes them to abuse and neglect their 
children, and leads to paranoid acts of violence.
  Meth production is also a serious threat to public health and safety. 
In Oregon, experts have estimated that meth is tied to more than 75 
percent of crime and meth labs produce toxic fumes that poison the air 
in our neighborhoods and put our citizens in danger.
  The cleanup of abandoned meth labs costs local governments and 
private citizens tens of thousands of dollars to dispose of the toxic 
materials left behind. As I traveled around Oregon talking to 
policymakers and law enforcement leaders about the meth problem, I 
heard one message loud and clear: law enforcement simply lacks the 
resources needed to extinguish this meth wildfire.
  In Oregon, we have seen many of the regional drug task forces fall 
apart due to lack of funding and most other anti-meth efforts have 
faced underfunding as well.
  The High Intensity Drug Trafficking Areas program provides State and 
local governments with enforcement that is critical to help our cities 
and towns fight meth abuse. It is particularly effective because the 
resources are targeted at those areas most adversely affected by drug 
trafficking. It allows communities to develop a comprehensive assault 
on meth and other illegal drugs, one that addresses law enforcement, 
prevention, and treatment and control of precursor chemicals.
  Yet, in the FY 2006 Transportation, Treasury appropriations bill, the 
funding is level to this valuable program. I am offering an amendment 
that would provide a modest $9 million increase to the HIDTA program 
which will enable the Office of National Drug Control Policy to 
maintain full funding of all existing HIDTAs and also expand into new 
areas where necessary.
  The HIDTA program not only helps law enforcement identify and 
dismantle labs but helps break the cycle of other crimes associated 
with meth use, crimes from domestic violence and child abuse to 
identity theft.
  We must continue to support this valuable initiative so our 
communities have the resources they need to stop the spread of meth. I 
urge Members to support this amendment.
  Mr. Chairman, I yield 1 minute to the gentleman from Indiana (Mr. 
Souder).
  Mr. SOUDER. Mr. Chairman, I thank the gentlewoman for yielding me 
time. I thank the gentlewoman for her amendment. I appreciate the 
chairman's willingness to make sure that the HIDTAs are funded, but 
this is the most effective organization we have at the grassroots 
level. Almost all the new HIDTAs are dealing with meth. The demand for 
new HIDTAs is great, and thus I support her amendment.
  Ms. HOOLEY. Mr. Chairman, I yield 1 minute to the gentleman from 
Washington (Mr. Baird).
  Mr. BAIRD. Mr. Chairman, I want to commend my friend from Oregon for 
her leadership on this issue and the gentleman from Indiana (Mr. 
Souder) as well.
  This meth problem is devastating our communities. When the President 
comes before our Nation and talks about the war on terror, we need to 
support that; but terror is happening in our families and in our homes 
and in our communities, and it is methamphetamine. We need to fully 
fund HIDTA, and we need to expand HIDTA resources.

[[Page H5459]]

  I support the amendment. I encourage the gentlewoman to continue this 
fight that she has been so strong on in the past.
  Ms. HOOLEY. Mr. Chairman, I yield back the balance of my time.
  Mr. KNOLLENBERG. Mr. Chairman, I claim the time in opposition to the 
amendment.
  Mr. Chairman, I am opposed to this amendment because it does not 
significantly increase HIDTA, but would reduce the White House agency 
by more than 10 percent, and HIDTA is fully funded. We brought it up to 
its full funding level.
  Given that HIDTA was fully funded in this bill, clearly such a trade-
off is not merited. A $9 million increase to HIDTA would be useful no 
doubt, but this is not the right offset; and clearly the White House 
will not stand for this amendment. So I would strongly urge defeat of 
this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Oregon (Ms. Hooley).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Ms. HOOLEY. Mr. Chairman, I demand a recorded vote, and pending that, 
I make the point of order that a quorum is not present.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentlewoman from Oregon (Ms. Hooley) 
will be postponed.
  The point of no quorum is considered withdrawn.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                 Office of National Drug Control Policy


                         Salaries and Expenses

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for 
     official reception and representation expenses; and for 
     participation in joint projects or in the provision of 
     services on matters of mutual interest with nonprofit, 
     research, or public organizations or agencies, with or 
     without reimbursement, $26,908,000; of which $1,316,000 shall 
     remain available until expended for policy research and 
     evaluation: Provided, That the Office is authorized to 
     accept, hold, administer, and utilize gifts, both real and 
     personal, public and private, without fiscal year limitation, 
     for the purpose of aiding or facilitating the work of the 
     Office.


                Counterdrug Technology Assessment Center

                     (including transfer of funds)

       For necessary expenses for the Counterdrug Technology 
     Assessment Center for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     1998 (21 U.S.C. 1701 et seq.), $30,000,000, which shall 
     remain available until expended, consisting of $18,000,000 
     for counternarcotics research and development projects, and 
     $12,000,000 for the continued operation of the technology 
     transfer program: Provided, That the $18,000,000 for 
     counternarcotics research and development projects shall be 
     available for transfer to other Federal departments or 
     agencies.

                     Federal Drug Control Programs


             High Intensity Drug Trafficking Areas Program

                     (including transfer of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program, $227,000,000, for drug control activities consistent 
     with the approved strategy for each of the designated High 
     Intensity Drug Trafficking Areas, of which no less than 51 
     percent shall be transferred to State and local entities for 
     drug control activities, which shall be obligated within 120 
     days of the date of the enactment of this Act: Provided, That 
     up to 49 percent, to remain available until September 30, 
     2007, may be transferred to Federal agencies and departments 
     at a rate to be determined by the Director, of which not less 
     than $2,000,000 shall be used for auditing services and 
     associated activities, and at least $500,000 of the 
     $2,000,000 shall be used to develop and implement a data 
     collection system to measure the performance of the High 
     Intensity Drug Trafficking Areas Program: Provided further, 
     That High Intensity Drug Trafficking Areas Programs 
     designated as of September 30, 2005, shall be funded at no 
     less than the fiscal year 2005 initial allocation levels 
     unless the Director submits to the Committees on 
     Appropriations, and the Committees approve, justification for 
     changes in those levels based on clearly articulated 
     priorities for the High Intensity Drug Trafficking Areas 
     Programs, as well as published Office of National Drug 
     Control Policy performance measures of effectiveness: 
     Provided further, That a request shall be submitted in 
     compliance with the reprogramming guidelines to the 
     Committees on Appropriations for approval prior to the 
     obligation of funds of an amount in excess of the fiscal year 
     2005 budget request: Provided further, That not to exceed 
     $2,000,000 of the funds made available under this heading in 
     excess of the fiscal year 2005 budget request shall be 
     available for the Consolidated Priority Organization Target 
     program.


                  Other Federal Drug Control Programs

                     (including transfer of funds)

       For activities to support a national anti-drug campaign for 
     youth, and for other purposes, authorized by the Office of 
     National Drug Control Policy Reauthorization Act of 1998 (21 
     U.S.C. 1701 et seq.), $213,292,000, to remain available until 
     expended, of which the following amounts are available as 
     follows: $120,000,000 to support a national media campaign, 
     as authorized by the Drug-Free Media Campaign Act of 1998: 
     Provided, That ONDCP shall maintain funding for non-
     advertising services for the Media Campaign at no less than 
     the Fiscal Year 2003 ratio of service funding to total funds 
     and shall continue the corporate outreach program as it 
     operated prior to its cancellation: $80,000,000 to continue a 
     program of matching grants to drug-free communities, of which 
     $750,000 shall be a directed grant to the Community Anti-Drug 
     Coalitions of America for the National Community Anti-Drug 
     Coalition Institute, as authorized in chapter 2 of the 
     National Narcotics Leadership Act of 1988, as amended; 
     $1,000,000 for the National Drug Court Institute; $992,000 
     for the National Alliance for Model State Drug Laws; 
     $7,400,000 for the United States Anti-Doping Agency for anti-
     doping activities; $2,900,000 for the United States 
     membership dues to the World Anti-Doping Agency; and 
     $1,000,000 for evaluations and research related to National 
     Drug Control Program performance measures: Provided further, 
     That such funds may be transferred to other Federal 
     departments and agencies to carry out such activities: 
     Provided further, That of the amounts appropriated for a 
     national media campaign, not to exceed 12 percent shall be 
     for administration, advertising production, research and 
     testing, labor and related costs of the national media 
     campaign.


                 Amendment No. 17 Offered by Mr. Souder

  Mr. SOUDER. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 17 offered by Mr. Souder:
       In title VI, in the item relating to ``Federal Drug Control 
     Programs--other federal drug control programs'', after each 
     of the first and second dollar amounts, insert the following: 
     ``(increased by $25,000,000)''.
       In title VII, in the item relating to ``General Services 
     Administration--real property activities--federal buildings 
     fund''--
       (1) after the aggregate dollar amount preceding paragraph 
     (1), insert the following: ``(reduced by $25,000,000)''; and
       (2) after each of the dollar amounts in paragraphs (4) and 
     (5), insert the following: ``(reduced by $12,500,000)''.

  The CHAIRMAN. Pursuant to the order of the House today, the gentleman 
from Indiana (Mr. Souder) and the gentleman from Michigan (Mr. 
Knollenberg) each will control 5 minutes.
  The Chair recognizes the gentleman from Indiana (Mr. Souder).
  Mr. SOUDER. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, this is a relatively simple amendment. It increases the 
national ad campaign run under the Office of National Drug Control 
Policy by $25 million. The authorizing bill is moving through the 
process. If we can get these additional funds, it will be spent on meth 
and designated as such.
  The offset comes from the GSA. They have a $338 million increase for 
rental of space. They have $175 million building operations plus-up, so 
net this particular account has increased by a half a billion dollars.
  The national ad campaign has been reduced from 180 in the 90s down to 
120. If we are going to continue its success combined with the 
Partnership For Drug Free America, we need these additional dollars.
  I think the meth crisis in America deserves these dollars and 
deserves this focus. More is needed in GSA, but not to the tune of a 
half a billion increase.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  2130

  Mr. KNOLLENBERG. Mr. Chairman, I yield 1 minute to the gentleman from 
Pennsylvania (Mr. Shuster).
  Mr. SHUSTER. Mr. Chairman, I also rise in opposition to the gentleman 
from Indiana's amendment.
  I applaud his work on drug control issues, but if this amendment is 
enacted, once again, it will cause serious problems for Federal workers 
nationwide and what we are able to do in the Federal buildings.

[[Page H5460]]

  All day long, the GSA has come under attack. It is up to almost $1 
billion we are trying to cut out of the GSA's budget, and I just want 
to remind my colleagues that when they go home and there are seniors 
and veterans and law enforcement workers and constituents that are 
going to these Federal buildings, when the air conditioning is not 
working, when different parts of the building are not up to standards, 
they are going to have to answer that question: Why is the air 
conditioning not working, or why are the ramps for access for the 
disabled folks not up to the standards?
  It is because tonight there has been an onslaught of cutting money 
from the GSA. So I strongly oppose this amendment and would urge my 
colleagues to once again look at what they are doing to the Federal 
buildings and the ability to provide services to our constituents.
  Mr. KNOLLENBERG. Mr. Chairman, I reserve my time.
  Mr. SOUDER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from Washington (Mr. Larsen), my colleague, the cosponsor of this 
amendment and co-chairman of the Meth Caucus.
  Mr. LARSEN of Washington. Mr. Chairman, I would like to express my 
support for the Souder-Larsen amendment to restore adequate funding to 
the National Youth and Anti-Drug Media Campaign.
  I thank and recognize the subcommittee chair and ranking member for 
their efforts on drafting this bill. They have done an admirable job 
considering the tight budgetary restraints. Unfortunately, the funding 
level for the media campaign is not adequate.
  The media campaign is an important component in our fight against 
drugs. It reduces demand for all drugs, not just marijuana. Reducing 
demand means reducing the number of lives lost to the scourge of drugs, 
particularly methamphetamine.
  According to a leading global marketing firm, teens frequently 
exposed to strong anti-drug messages are 38 percent less likely to have 
tried meth and 31 percent less likely to have tried crack and cocaine.
  When the media campaign began in 1998, it had a budget of $195 
million. While the campaign has proven effective, it has continually 
been cut. This last year it was funded at $120 million. Meanwhile, the 
costs of advertising have skyrocketed. So in real advertising dollars, 
the campaign is operating at less than half of its original strength.
  A study by the Kaiser Family Foundation reports that the average 
child watches 3 hours of television a day. That is about 21 hours a 
week, 1,008 hours a year. The media campaign uses the amount of time 
our kids are watching TV and gives them negative messages about drug 
use. Without additional funds, the campaign would not be able to 
produce our air-targeted ads against meth, ecstasy, or other emerging 
drug threats.
  This current level of funding will fund only the bare minimum for a 
campaign that educates millions of young people on the dangers of drug 
abuse. To increase the ads on meth, we must increase funding for this 
important program.
  I want to thank the gentleman from Indiana for his work on this 
issue, and I urge a ``yes'' vote on the Souder-Larsen amendment.
  Mr. KNOLLENBERG. Mr. Chairman, can I get an idea of how much time is 
remaining?
  The CHAIRMAN. The gentleman from Michigan (Mr. Knollenberg) has 4 
minutes remaining. The gentleman from Indiana (Mr. Souder) has 2\1/2\ 
minutes remaining.
  Mr. KNOLLENBERG. Mr. Chairman, I yield 2 minutes to the gentlewoman 
from the District of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Chairman, I thank the gentleman for yielding me time.
  I associate myself with the remarks of the gentleman from 
Pennsylvania (Chairman Shuster). I would not come to the Floor 
particularly to make a case here, and the maker of this amendment knows 
full well that I am on his subcommittee and have strongly supported 
this effort and all of his efforts on drug reduction.
  But the fact is this fund, the Federal Building Fund, has become a 
habit, and when we get to the point where we have a $1 billion hit on 
one fund, we have an unsustainable hit, and here comes $25 million 
more.
  The Members may be unaware that the courts, which have strong 
homeland security issues, came to our subcommittee and asked to be 
excused from putting any money into the Federal Building Fund. The 
administration strongly opposed that because it would collapse the 
Federal Building Fund.
  I just want to draw to the attention of Members that this $1 billion 
hit collapses the Federal Building Fund, and it is not just about 
making sure that Federal workers are comfortable. It is about, for 
example, an amendment that the gentleman from Pennsylvania (Mr. 
Shuster) and I were going to put in and now are not going to put in, 
although he is going to offer it I think and perhaps later withdraw it, 
to transfer some funds from the GSA administration to glass refraction 
because we cannot begin to make all of the Federal buildings secure 
throughout the United States, but we can at least keep glass, should 
there be some kind of bombing like Oklahoma City, from, in fact, 
falling in on people with sharp metal and all the rest of it.
  So I just ask that Members stop here, and we have got to find some 
money for the Souder amendment. I think we should find it, and I think 
we should find it in conference. I think we should defeat this 
amendment now.
  Mr. SOUDER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Nebraska (Mr. Osborne) who has been a leader in the fight against meth.
  Mr. OSBORNE. Mr. Chairman, this is what the methamphetamine epidemic 
looked like in 1990. These two States had 20 or more meth labs at that 
time. This is what the methamphetamine epidemic looked like in 1998. 
This is what it looked like in 2004. So we can see the spread of meth. 
I think it is the biggest threat to the United States other than 
possibly terrorism today.
  We have heard statements on the floor tonight that education does not 
work, advertising does not work. This is a picture of a young lady who 
started taking meth at age 30. She was arrested every year for 10 
years. This is the last picture, and she is in the morgue. She lasted 
10 years. This is unusually long on meth.
  But when we show these pictures to kids, when we get in the schools; 
in my district, there are 200 schools. We have been in 100 schools in 
the last 5 months. When we show this kind of Power Point, it does 
affect them. We have kids every time come up and say, my folks have 
been picked up, my folks ran a meth lab; this has affected me.
  So I realize that where we are taking the money from is not popular. 
I hope that in some way we can get this advertising money out there 
because it does make a difference. This is a critical problem. I 
appreciate what the gentleman from Indiana is doing and the gentleman 
from Washington (Mr. Larsen) and I would really urge, Mr. Chairman, 
that some way we get some of this money restored to this program 
because it is so critical to this Nation at this time.
  Mr. KNOLLENBERG. Mr. Chairman, I yield 1 minute to the gentleman from 
Massachusetts (Mr. Olver), the ranking member.
  Mr. OLVER. Mr. Chairman, I thank the gentleman for yielding me time.
  This is an account which has been funded fully at the President's 
request. There are so many accounts that have not been funded at the 
President's request, number one.
  Number two, I, of course, contributed to the great reduction in the 
Federal Building Fund, the GSA account that was the subject of the 
offset for the Amtrak amendment, and I even sat quietly while a couple 
of amendments for $5, $6, $8 million had come along, maybe three of 
them, but here we have a big one, and it is quite a sizeable number of 
dollars. I really do at this point feel that we have gone beyond what 
can be reasonably taken out of the building fund.
  I supported the first one in large measure because the authorizers 
who authorized the GSA were saying that that was doable at that point. 
I think we have passed that point, and I would hope that we would not 
adopt this amendment.
  Mr. SOUDER. Mr. Chairman, how much time do I have remaining?
  The CHAIRMAN. The gentleman from Indiana (Mr. Souder) has 1 minute 
remaining.

[[Page H5461]]

  Mr. SOUDER. Mr. Chairman, I yield myself the balance of the time.
  As a member of the Committee on Government Reform, I understand the 
difficulty on the government buildings. They were plussed up nearly 
over half a billion dollars to start with. Clearly, at the very 
beginning of this, we transferred a lot to Amtrak, two lines of which 
are closing in my district. That is why we are here. It is about 
priorities.
  I believe we need to make changes in our government buildings. Quite 
frankly, we have a meth crisis in America that is knocking at the doors 
of homes across this country, and it is about to steamroll all of us.
  The question is, are we going to attack this before it runs us over? 
Are we going to attack it aggressively? Are we going to rue the day and 
spend hundreds of millions trying to address it after it has moved into 
our suburbs and cities just as crack cocaine did, and then we spent 10 
or 15 years fighting it?
  We have had the warnings. It is moving into rural areas. It is moving 
into suburban areas. It is moving in some urban areas, and this is a 
freight train coming, and we need to get at the front end of it.
  We are here about priorities. I believe $25 million does not 
irrevocably damage GSA. I know it has been a difficult night, but I 
urge the passage of the Souder-Larsen amendment because this is one way 
we can address meth.
  Mr. KNOLLENBERG. Mr. Chairman, I yield myself the remaining time.
  I want to say that the gentleman from Nebraska's (Mr. Osborne) 
presentation was startling, and it is one that makes us think about how 
can we help.
  I must say, this amendment will significantly impact all of GSA's 
owned and leased buildings, the tenants in those buildings and the 
visiting public. Already, today, this afternoon, we have taken over $1 
billion out of GSA. We cannot go back to the same pool over and over.
  With this amendment, GSA will not be able to make all of its lease 
payments for property it is leasing on behalf of government agencies. 
These reductions to the building operations account cannot be absorbed 
without a corresponding negative impact on the operating programs 
within the Federal Buildings Fund.
  Funding for this account is GSA's highest priority. So let me note 
that many of these costs are fixed, for example, like fuels, cleaning, 
maintenance and utilities, and for that reason, I ask for a ``no'' 
vote.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Indiana (Mr. Souder).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. SOUDER. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Indiana (Mr. Souder) 
will be postponed.
  Mr. KNOLLENBERG. Mr. Chairman, I ask unanimous consent that the 
remainder of the bill through page 163, line 6, be considered as read, 
printed in the Record and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Michigan?
  There was no objection.
  The remainder of the bill through page 163, line 6, is as follows:

                          Unanticipated Needs


                          Unanticipated Needs

       For expenses necessary to enable the President to meet 
     unanticipated needs, in furtherance of the national interest, 
     security, or defense which may arise at home or abroad during 
     the current fiscal year, as authorized by 3 U.S.C. 108, 
     $1,000,000.

                  Special Assistance to the President


                         Salaries and Expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions; services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles, $4,455,000.

                Official Residence of the Vice President


                           Operating Expenses

                     (including transfer of funds)

       For the care, operation, refurnishing, improvement, and to 
     the extent not otherwise provided for, heating and lighting, 
     including electric power and fixtures, of the official 
     residence of the Vice President; the hire of passenger motor 
     vehicles; and not to exceed $90,000 for official 
     entertainment expenses of the Vice President, to be accounted 
     for solely on his certificate, $325,000: Provided, That 
     advances or repayments or transfers from this appropriation 
     may be made to any department or agency for expenses of 
     carrying out such activities.

                    TITLE VII--INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board


                         Salaries and Expenses

       For expenses necessary for the Architectural and 
     Transportation Barriers Compliance Board, as authorized by 
     section 502 of the Rehabilitation Act of 1973, as amended, 
     $5,941,000: Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.

                   Consumer Product Safety Commission


                         Salaries and Expenses

       For necessary expenses of the Consumer Product Safety 
     Commission, including hire of passenger motor vehicles, 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable under 5 U.S.C. 5376, purchase of nominal 
     awards to recognize non-Federal officials' contributions to 
     Commission activities, and not to exceed $500 for official 
     reception and representation expenses, $62,449,000.

                     Election Assistance Commission


                         Salaries and Expenses

                     (including transfer of funds)

       For necessary expenses to carry out the Help America Vote 
     Act of 2002, $15,877,000, of which $2,800,000 shall be 
     transferred to the National Institute of Standards and 
     Technology for election reform activities authorized under 
     the Help America Vote Act of 2002.

                 Federal Deposit Insurance Corporation


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended $29,965,000, to be derived from the Bank 
     Insurance Fund, the Savings Association Insurance Fund, and 
     the FSLIC Resolution Fund.

                      Federal Election Commission


                         Salaries and Expenses

       For necessary expenses to carry out the provisions of the 
     Federal Election Campaign Act of 1971, as amended, 
     $54,700,000, of which no less than $4,700,000 shall be 
     available for internal automated data processing systems, and 
     of which not to exceed $5,000 shall be available for 
     reception and representation expenses.

                   Federal Labor Relations Authority


                         Salaries and Expenses

       For necessary expenses to carry out functions of the 
     Federal Labor Relations Authority, pursuant to Reorganization 
     Plan Numbered 2 of 1978, and the Civil Service Reform Act of 
     1978, including services authorized by 5 U.S.C. 3109, and 
     including hire of experts and consultants, hire of passenger 
     motor vehicles, and rental of conference rooms in the 
     District of Columbia and elsewhere, $25,468,000: Provided, 
     That public members of the Federal Service Impasses Panel may 
     be paid travel expenses and per diem in lieu of subsistence 
     as authorized by law (5 U.S.C. 5703) for persons employed 
     intermittently in the Government service, and compensation as 
     authorized by 5 U.S.C. 3109: Provided further, That 
     notwithstanding 31 U.S.C. 3302, funds received from fees 
     charged to non-Federal participants at labor-management 
     relations conferences shall be credited to and merged with 
     this account, to be available without further appropriation 
     for the costs of carrying out these conferences.

                      Federal Maritime Commission


                         Salaries and Expenses

       For necessary expenses of the Federal Maritime Commission 
     as authorized by section 201(d) of the Merchant Marine Act, 
     1936, as amended (46 U.S.C. App. 1111), including services as 
     authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
     as authorized by 31 U.S.C. 1343(b); and uniforms or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902, 
     $20,499,000: Provided, That not to exceed $2,000 shall be 
     available for official reception and representation expenses.

  The CHAIRMAN. Are there any amendments? If not, the Clerk will read.
  The Clerk read as follows:

                    General Services Administration


                        Real Property Activities

                         Federal Buildings Fund

                 limitations on availability of revenue

                     (including transfer of funds)

       To carry out the purposes of the Fund established pursuant 
     to section 210(f) of the Federal Property and Administrative 
     Services Act of 1949, as amended (40 U.S.C. 592), the 
     revenues and collections deposited into the Fund shall be 
     available for necessary expenses of real property management 
     and related activities not otherwise provided for, including 
     operation, maintenance, and protection of federally owned and 
     leased buildings; rental of buildings in the District of 
     Columbia; restoration of leased premises; moving governmental 
     agencies (including space

[[Page H5462]]

     adjustments and telecommunications relocation expenses) in 
     connection with the assignment, allocation and transfer of 
     space; contractual services incident to cleaning or servicing 
     buildings, and moving; repair and alteration of federally 
     owned buildings including grounds, approaches and 
     appurtenances; care and safeguarding of sites; maintenance, 
     preservation, demolition, and equipment; acquisition of 
     buildings and sites by purchase, condemnation, or as 
     otherwise authorized by law; acquisition of options to 
     purchase buildings and sites; conversion and extension of 
     federally owned buildings; preliminary planning and design of 
     projects by contract or otherwise; construction of new 
     buildings (including equipment for such buildings); and 
     payment of principal, interest, and any other obligations for 
     public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $7,768,795,000, 
     of which: (1) $708,106,000 shall remain available until 
     expended for construction (including funds for sites and 
     expenses and associated design and construction services) of 
     additional projects at the following locations:
       New Construction:
       California:
       San Diego, United States Courthouse, $230,803,000.
       Colorado:
       Lakewood, Denver Federal Center Infrastructure, $4,658,000.
       District of Columbia:
       Coast Guard Consolidation, $24,900,000.
       Saint Elizabeths West Campus Infrastructure, $13,095,000.
       Southeast Federal Center Site Remediation, $15,000,000.
       Maine:
       Calais, Border Station, $50,146,000.
       Jackman, Border Station, $12,788,000.
       Maryland:
       Montgomery County, Food and Drug Administration 
     Consolidation, $127,600,000.
       New York:
       Champlain, Border Station, $52,510,000.
       Massena, Border Station, $49,783,000.
       Texas:
       Austin, United States Courthouse, $3,000,000.
       Washington:
       Blaine, Peace Arch Border Station, $46,534,000.
       Material Price increases, various projects, $67,789,000.
       Nonprospectus Construction, $9,500,000:
     Provided, That each of the foregoing limits of costs on new 
     construction projects may be exceeded to the extent that 
     savings are effected in other such projects, but not to 
     exceed 10 percent of the amounts included in an approved 
     prospectus, if required, unless advance approval is obtained 
     from the Committees on Appropriations of a greater amount: 
     Provided further, That all funds for direct construction 
     projects shall expire on September 30, 2007, and remain in 
     the Federal Buildings Fund except for funds for projects as 
     to which funds for design or other funds have been obligated 
     in whole or in part prior to such date; (2) $961,376,000 
     shall remain available until expended for repairs and 
     alterations, which includes associated design and 
     construction services:
       Repairs and Alterations:
       Arizona:
       Tucson, James A. Walsh Courthouse, $16,136,000.
       District of Columbia:
       Eisenhower Executive Office Building, $133,417,000.
       Federal Office Building 8, $47,769,000.
       Heating, Operation, and Transmission District Repair, 
     $18,783,000.
       Herbert C. Hoover Building, $54,491,000.
       Main Interior Building, $41,399,000.
       Georgia:
       Atlanta, Martin Luther King, Jr. Federal Building, 
     $30,129,000.
       New York:
       Brooklyn, Emanuel Celler Courthouse, $96,924,000.
       New York City, James Watson Federal Building and 
     Courthouse, $9,721,000.
       Special Emphasis Programs:
       Chlorofluorocarbons Program, $10,000,000.
       Energy Program, $30,000,000.
       Glass Fragment Retention, $15,700,000.
       Design Program, $21,915,000.
       Basic Repairs and Alterations, $434,992,000:
     Provided further, That funds made available in this or any 
     previous Act in the Federal Buildings Fund for Repairs and 
     Alterations shall, for prospectus projects, be limited to the 
     amount identified for each project, except each project in 
     this or any previous Act may be increased by an amount not to 
     exceed 10 percent unless advance approval is obtained from 
     the Committees on Appropriations of a greater amount: 
     Provided further, That additional projects for which 
     prospectuses have been fully approved may be funded under 
     this category only if advance approval is obtained from the 
     Committees on Appropriations: Provided further, That the 
     amounts provided in this or any prior Act for ``Repairs and 
     Alterations'' may be used to fund costs associated with 
     implementing security improvements to buildings necessary to 
     meet the minimum standards for security in accordance with 
     current law and in compliance with the reprogramming 
     guidelines of the appropriate Committees of the House and 
     Senate: Provided further, That the difference between the 
     funds appropriated and expended on any projects in this or 
     any prior Act, under the heading ``Repairs and Alterations'', 
     may be transferred to Basic Repairs and Alterations or used 
     to fund authorized increases in prospectus projects: Provided 
     further, That all funds for repairs and alterations 
     prospectus projects shall expire on September 30, 2007, and 
     remain in the Federal Buildings Fund except funds for 
     projects as to which funds for design or other funds have 
     been obligated in whole or in part prior to such date: 
     Provided further, That the amount provided in this or any 
     prior Act for Basic Repairs and Alterations may be used to 
     pay claims against the Government arising from any projects 
     under the heading ``Repairs and Alterations'' or used to fund 
     authorized increases in prospectus projects; (3) $168,180,000 
     for installment acquisition payments including payments on 
     purchase contracts which shall remain available until 
     expended; (4) $4,046,031,000 for rental of space which shall 
     remain available until expended; and (5) $1,885,102,000 for 
     building operations which shall remain available until 
     expended: Provided further, That funds available to the 
     General Services Administration shall not be available for 
     expenses of any construction, repair, alteration and 
     acquisition project for which a prospectus, if required by 
     the Public Buildings Act of 1959, as amended, has not been 
     approved, except that necessary funds may be expended for 
     each project for required expenses for the development of a 
     proposed prospectus: Provided further, That funds available 
     in the Federal Buildings Fund may be expended for emergency 
     repairs when advance approval is obtained from the Committees 
     on Appropriations: Provided further, That amounts necessary 
     to provide reimbursable special services to other agencies 
     under section 210(f)(6) of the Federal Property and 
     Administrative Services Act of 1949, as amended (40 U.S.C. 
     592(b)(2)) and amounts to provide such reimbursable fencing, 
     lighting, guard booths, and other facilities on private or 
     other property not in Government ownership or control as may 
     be appropriate to enable the United States Secret Service to 
     perform its protective functions pursuant to 18 U.S.C. 3056, 
     shall be available from such revenues and collections: 
     Provided further, That revenues and collections and any other 
     sums accruing to this Fund during fiscal year 2006, excluding 
     reimbursements under section 210(f)(6) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     592(b)(2)) in excess of the aggregate new obligational 
     authority authorized for Real Property Activities of the 
     Federal Buildings Fund in this Act shall remain in the Fund 
     and shall not be available for expenditure except as 
     authorized in appropriations Acts.


                Amendment No. 13 Offered by Mr. Shuster

  Mr. SHUSTER. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. Shuster:
       Page 164, line 12, insert after the first dollar amount 
     ``(increased by $2,000,000)''.
       Page 166, line 9, insert after the dollar amount 
     ``(increased by $2,000,000)''.
       Page 167, line 12, insert after the dollar amount 
     ``(increased by $2,000,000)''.
       Page 171, line 4, after the dollar amount insert ``(reduced 
     by $2,000,000)''.

  The CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from Pennsylvania (Mr. Shuster) and a Member opposed each 
will control 5 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Shuster).
  Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
  This evening I intended to offer a bipartisan amendment with the 
gentlewoman from the District of Columbia (Ms. Norton) that would have 
reduced by $2 million the amount of money available to the 
administrator of the General Services and transferred that money 
elsewhere.
  People are wondering why am I standing up now and wanting to cut GSA 
funding. It is because my amendment is going to hold GSA's feet to the 
fire and be responsive to the Congress because, over the past several 
years, the GSA has not delivered documents, information to Congress 
that is needed to authorize new projects on a timely basis.
  Despite the fact these projects are included in the President's 
budget submission in February, there is actually no reason why GSA 
should take until May and sometimes even longer to forward detailed 
project information to Congress.
  From fiscal year 1996 until 2001, 5 out of 6 years, GSA submitted a 
complete program before March 31. Since that time, the trend has been 
just the opposite; 4 out of 5 years, the program has not been submitted 
until after March 31. This year, it was the latest it had ever been. In 
fact, we did not receive a complete program until June.
  In doing so, the GSA makes it difficult for the Subcommittee on 
Economic Development, Public Buildings and Emergency Management, which 
I chair and the gentlewoman from the

[[Page H5463]]

District of Columbia (Ms. Norton) serves as the ranking member, to do 
our jobs and authorize before the Committee on Appropriations is able 
to act.

                              {time}  2145

  While there is no deadline in law for the submission of this 
information, practically speaking we have to get them by the end of 
March if we are to authorize these projects so that the Committee on 
Appropriations can do its work.
  When they became aware of our amendment, I received a call from the 
administrator, Steve Perry, who has assured me GSA would do better in 
the future. And in fact has committed to me he would have that 
information to Congress by February for the fiscal year 2007 capital 
investment program, a deadline I plan to hold GSA to without exception.
  I look forward to continuing working with the GSA and the 
subcommittee, as we have in the past, making sure we receive this 
information in a timely manner so that Congress may carry out its 
authorizing and appropriation functions as required by law.
  Mr. Chairman, may I inquire as to how much time I have left.
  The CHAIRMAN. The gentleman from Pennsylvania has 3 minutes left.
  Mr. SHUSTER. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
the District of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Chairman, I thank the gentleman for yielding me this 
time, and I want to strongly support his amendment. You see that this 
is a committee that is not adverse to reducing funding. We were not 
simply going to reduce it; we were going to put this funding where it 
was most needed, in the glass refraction program.
  On the other hand, what led us to this moment was, of course, GSA's 
failures for the subcommittee, and those failures apparently have 
gotten the attention, at least the amendment of the gentleman from 
Pennsylvania (Mr. Shuster) has gotten the attention of GSA.
  I share his frustration. GSA has not come forward with the 
information we wanted about its own housing. It wanted to move. We 
wanted to understand why it wanted to move out of owned space. Only 
cursory responses. We learned the courts want to waive any contribution 
to the building fund not initially through GSA. It was an outrage, and 
we learned it very late. And, of course, the prospectuses did not come 
before us, and the administrator himself was out of town when the 
hearing was to be held.
  For that reason, I agreed entirely with the chairman that they needed 
to understand the professionalism that the subcommittee requires. They 
apparently now understand it. We want, frankly, to preserve as much of 
the Federal building fund now as is left, since it looks like we have 
virtually bankrupted it. So I would defer to the chairman as to what 
disposition he now wants to make of his original amendment.
  Mr. SHUSTER. Mr. Chairman, I yield myself the balance of my time, and 
I want to thank the gentlewoman from the District of Columbia for her 
support and also encourage the chairman of the Committee on 
Appropriations, when we go to conference, to restore the almost $1 
billion we have taken out of the GSA fund, because it is vital to the 
government buildings and to the services that those Federal employees 
provide to our constituents.
  Mr. Chairman, I ask unanimous consent that I be allowed to withdraw 
my amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Pennsylvania?
  There was no objection.
  Mr. KNOLLENBERG. Mr. Chairman, I ask unanimous consent that the 
remainder of the bill through page 194, line 7, be considered as read, 
printed in the Record, and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Michigan?
  There was no objection.
  The text of the bill through page 194, line 7, is as follows:


                           General Activities

                         Government-wide Policy

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and evaluation activities 
     associated with the management of real and personal property 
     assets and certain administrative services; Government-wide 
     policy support responsibilities relating to acquisition, 
     telecommunications, information technology management, and 
     related technology activities; and services as authorized by 
     5 U.S.C. 3109, $52,796,000.


                           Operating Expenses

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide activities associated with utilization 
     and donation of surplus personal property; disposal of real 
     property; providing Internet access to Federal information 
     and services; agency-wide policy direction and management, 
     and Board of Contract Appeals; accounting, records 
     management, and other support services incident to 
     adjudication of Indian Tribal Claims by the United States 
     Court of Federal Claims; services as authorized by 5 U.S.C. 
     3109; and not to exceed $7,500 for official reception and 
     representation expenses, $99,890,000.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     and service authorized by 5 U.S.C. 3109, $43,410,000: 
     Provided, That not to exceed $15,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of stolen 
     Government property: Provided further, That not to exceed 
     $2,500 shall be available for awards to employees of other 
     Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.


                       Electronic Government Fund

                     (including transfer of funds)

       For necessary expenses in support of interagency projects 
     that enable the Federal Government to expand its ability to 
     conduct activities electronically, through the development 
     and implementation of innovative uses of the Internet and 
     other electronic methods, $3,000,000, to remain available 
     until expended: Provided, That these funds may be transferred 
     to Federal agencies to carry out the purposes of the Fund: 
     Provided further, That this transfer authority shall be in 
     addition to any other transfer authority provided in this 
     Act: Provided further, That such transfers may not be made 
     until 10 days after a proposed spending plan and 
     justification for each project to be undertaken has been 
     submitted to the Committees on Appropriations.


           Allowances and Office Staff for Former Presidents

                     (including transfer of funds)

       For carrying out the provisions of the Act of August 25, 
     1958, as amended (3 U.S.C. 102 note), and Public Law 95-138, 
     $2,952,000: Provided, That the Administrator of General 
     Services shall transfer to the Secretary of the Treasury such 
     sums as may be necessary to carry out the provisions of such 
     Acts.


                Federal Citizen Information Center Fund

       For necessary expenses of the Federal Citizen Information 
     Center, including services authorized by 5 U.S.C. 3109, 
     $15,030,000, to be deposited into the Federal Citizen 
     Information Center Fund: Provided, That the appropriations, 
     revenues, and collections deposited into the Fund shall be 
     available for necessary expenses of Federal Citizen 
     Information Center activities in the aggregate amount not to 
     exceed $32,000,000. Appropriations, revenues, and collections 
     accruing to this Fund during fiscal year 2006 in excess of 
     such amount shall remain in the Fund and shall not be 
     available for expenditure except as authorized in 
     appropriations Acts.

       Administrative Provisions--General Services Administration

       Sec. 701. The appropriate appropriation or fund available 
     to the General Services Administration shall be credited with 
     the cost of operation, protection, maintenance, upkeep, 
     repair, and improvement, included as part of rentals received 
     from Government corporations pursuant to law (40 U.S.C. 129).
       Sec. 702. Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 703. Funds in the Federal Buildings Fund made 
     available for fiscal year 2006 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements: Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations.
       Sec. 704. No funds made available by this Act shall be used 
     to transmit a fiscal year 2007 request for United States 
     Courthouse construction that: (1) does not meet the design 
     guide standards for construction as established and approved 
     by the General Services Administration, the Judicial 
     Conference of the United States, and the Office of Management 
     and Budget; and (2) does not reflect the priorities of the 
     Judicial Conference of the United States as set out in its 
     approved 5-year construction plan: Provided, That the fiscal 
     year 2007 request must be accompanied by a standardized 
     courtroom utilization study of each facility to be 
     constructed, replaced, or expanded.
       Sec. 705. None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by

[[Page H5464]]

     the General Services Administration in compliance with the 
     Public Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 706. From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims against the Government of less than 
     $250,000 arising from direct construction projects and 
     acquisition of buildings may be liquidated from savings 
     effected in other construction projects with prior 
     notification to the Committees on Appropriations.
       Sec. 707. No funds in this Act shall be used to dispose of 
     the GSA property located at 522 North Central Avenue, on the 
     southwest corner of Central Avenue and Fillmore Street in 
     Phoenix, Arizona.

                     Merit Systems Protection Board


                         Salaries and Expenses

                     (including transfer of funds)

       For necessary expenses to carry out functions of the Merit 
     Systems Protection Board pursuant to Reorganization Plan 
     Numbered 2 of 1978, the Civil Service Reform Act of 1978, and 
     the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
     note), as amended, including services as authorized by 5 
     U.S.C. 3109, rental of conference rooms in the District of 
     Columbia and elsewhere, hire of passenger motor vehicles, 
     direct procurement of survey printing, and not to exceed 
     $2,000 for official reception and representation expenses, 
     $35,600,000 together with not to exceed $2,605,000 for 
     administrative expenses to adjudicate retirement appeals to 
     be transferred from the Civil Service Retirement and 
     Disability Fund in amounts determined by the Merit Systems 
     Protection Board.

 Morris K. Udall Scholarship and Excellence in National Environmental 
                           Policy Foundation


 Morris K. Udall Scholarship and Excellence in National Environmental 
                           Policy Trust Fund

                     (including transfer of funds)

       For payment to the Morris K. Udall Scholarship and 
     Excellence in National Environmental Policy Trust Fund, 
     pursuant to the Morris K. Udall Scholarship and Excellence in 
     National Environmental and Native American Public Policy Act 
     of 1992 (20 U.S.C. 5601 et seq.), $2,000,000, to remain 
     available until expended, of which up to $50,000 shall be 
     used to conduct financial audits pursuant to the 
     Accountability of Tax Dollars Act of 2002 (Public Law 107-
     289) notwithstanding sections 8 and 9 of Public Law 102-259: 
     Provided, That up to 60 percent of such funds may be 
     transferred by the Morris K. Udall Scholarship and Excellence 
     in National Environmental Policy Foundation for the necessary 
     expenses of the Native Nations Institute.


                 Environmental Dispute Resolution Fund

       For payment to the Environmental Dispute Resolution Fund to 
     carry out activities authorized in the Environmental Policy 
     and Conflict Resolution Act of 1998, $1,900,000, to remain 
     available until expended.

              National Archives and Records Administration


                           Operating Expenses

       For necessary expenses in connection with the 
     administration of the National Archives and Records 
     Administration (including the Information Security Oversight 
     Office) and archived Federal records and related activities, 
     as provided by law, and for expenses necessary for the review 
     and declassification of documents, and for the hire of 
     passenger motor vehicles, $283,975,000: Provided, That the 
     Archivist of the United States is authorized to use any 
     excess funds available from the amount borrowed for 
     construction of the National Archives facility, for expenses 
     necessary to provide adequate storage for holdings: Provided 
     further, That of the funds provided in this paragraph, 
     $2,930,000 shall be for initial move of records, staffing, 
     and operations of the Nixon Library.


                       Electronic Records Archives

       For necessary expenses in connection with the development 
     of the electronic records archives, to include all direct 
     project costs associated with research, analysis, design, 
     development, and program management, $35,914,000.


                        Repairs and Restoration

       For the repair, alteration, and improvement of archives 
     facilities, and to provide adequate storage for holdings, 
     $6,182,000, to remain available until expended.


        National Historical Publications and Records Commission

                             grants program

                     (including transfer of funds)

       For necessary expenses for allocations and grants for 
     historical publications and records as authorized by 44 
     U.S.C. 2504, as amended, $7,500,000, to remain available 
     until expended: Provided, That of the funds provided in this 
     paragraph, $2,000,000 shall be transferred to the operating 
     expenses account for operating expenses of the National 
     Historical Publications and Records Administration.

                  National Credit Union Administration


                       central liquidity facility

                     (including transfer of funds)

       During fiscal year 2006, gross obligations of the Central 
     Liquidity Facility for the principal amount of new direct 
     loans to member credit unions, as authorized by 12 U.S.C. 
     1795 et seq., shall not exceed $1,500,000,000: Provided, That 
     administrative expenses of the Central Liquidity Facility in 
     fiscal year 2006 shall not exceed $323,000.


               community development revolving loan fund

       For the Community Development Revolving Loan Fund program 
     as authorized by 42 U.S.C. 9812, 9822, and 9910, $950,000 
     shall be available until September 30, 2007, for technical 
     assistance to low-income designated credit unions, and 
     amounts of principal and interest on loans repaid shall be 
     available until expended for low-income designated credit 
     unions.

                  National Transportation Safety Board


                         Salaries and Expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902) 
     $76,700,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses.


                              (Rescission)

       Of the available unobligated balances made available under 
     Public Law 106-246, $1,000,000 are rescinded.

                 Neighborhood Reinvestment Corporation


          Payment to the Neighborhood Reinvestment Corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $118,000,000.

                      Office of Government Ethics


                         Salaries and Expenses

       For necessary expenses to carry out functions of the Office 
     of Government Ethics pursuant to the Ethics in Government Act 
     of 1978, as amended and the Ethics Reform Act of 1989, 
     including services as authorized by 5 U.S.C. 3109, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     hire of passenger motor vehicles, and not to exceed $1,500 
     for official reception and representation expenses, 
     $11,148,000.

                     Office of Personnel Management


                         Salaries and Expenses

                  (including transfer of trust funds)

       For necessary expenses to carry out functions of the Office 
     of Personnel Management pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109; medical 
     examinations performed for veterans by private physicians on 
     a fee basis; rental of conference rooms in the District of 
     Columbia and elsewhere; hire of passenger motor vehicles; not 
     to exceed $2,500 for official reception and representation 
     expenses; advances for reimbursements to applicable funds of 
     the Office of Personnel Management and the Federal Bureau of 
     Investigation for expenses incurred under Executive Order No. 
     10422 of January 9, 1953, as amended; and payment of per diem 
     and/or subsistence allowances to employees where Voting 
     Rights Act activities require an employee to remain overnight 
     at his or her post of duty, $119,952,000, of which $6,983,000 
     shall remain available until expended for the Enterprise 
     Human Resources Integration project; $1,450,000 shall remain 
     available until expended for the Human Resources Line of 
     Business project; $500,000 shall remain available until 
     expended for the E-Training project; and $1,412,000 shall 
     remain available until expended until September 30, 2007 for 
     the E-Payroll project; and in addition $102,679,000 for 
     administrative expenses, to be transferred from the 
     appropriate trust funds of the Office of Personnel Management 
     without regard to other statutes, including direct 
     procurement of printed materials, for the retirement and 
     insurance programs: Provided, That the provisions of this 
     appropriation shall not affect the authority to use 
     applicable trust funds as provided by sections 8348(a)(1)(B), 
     and 9004(f)(2)(A) of title 5, United States Code: Provided 
     further, That no part of this appropriation shall be 
     available for salaries and expenses of the Legal Examining 
     Unit of the Office of Personnel Management established 
     pursuant to Executive Order No. 9358 of July 1, 1943, or any 
     successor unit of like purpose: Provided further, That the 
     President's Commission on White House Fellows, established by 
     Executive Order No. 11183 of October 3, 1964, may, during 
     fiscal year 2006, accept donations of money, property, and 
     personal services: Provided further, That such donations, 
     including those from prior years, may be used for the 
     development of publicity materials to provide information 
     about the White House Fellows, except that no such donations 
     shall be accepted for travel or reimbursement of travel 
     expenses, or for the salaries of employees of such 
     Commission.

                      Office of Inspector General


                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act, 
     as amended, including services as authorized by 5 U.S.C. 
     3109, hire of passenger motor vehicles, $1,614,000, and in 
     addition, not to exceed $16,786,000 for administrative 
     expenses to audit, investigate, and provide other oversight 
     of the Office of Personnel Management's retirement and 
     insurance programs, to be transferred from the appropriate 
     trust funds of the Office of Personnel Management, as 
     determined by the Inspector General: Provided, That the 
     Inspector General is

[[Page H5465]]

     authorized to rent conference rooms in the District of 
     Columbia and elsewhere.


      Government Payment for Annuitants, Employees Health Benefits

       For payment of Government contributions with respect to 
     retired employees, as authorized by chapter 89 of title 5, 
     United States Code, and the Retired Federal Employees Health 
     Benefits Act (74 Stat. 849), as amended, such sums as may be 
     necessary.


       Government Payment for Annuitants, Employee Life Insurance

       For payment of Government contributions with respect to 
     employees retiring after December 31, 1989, as required by 
     chapter 87 of title 5, United States Code, such sums as may 
     be necessary.


        Payment to Civil Service Retirement and Disability Fund

       For financing the unfunded liability of new and increased 
     annuity benefits becoming effective on or after October 20, 
     1969, as authorized by 5 U.S.C. 8348, and annuities under 
     special Acts to be credited to the Civil Service Retirement 
     and Disability Fund, such sums as may be necessary: Provided, 
     That annuities authorized by the Act of May 29, 1944, as 
     amended, and the Act of August 19, 1950, as amended (33 
     U.S.C. 771-775), may hereafter be paid out of the Civil 
     Service Retirement and Disability Fund.

                       Office of Special Counsel


                         Salaries and Expenses

       For necessary expenses to carry out functions of the Office 
     of Special Counsel pursuant to Reorganization Plan Numbered 2 
     of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
     454), as amended, the Whistleblower Protection Act of 1989 
     (Public Law 101-12), as amended, Public Law 107-304, and the 
     Uniformed Services Employment and Reemployment Act of 1994 
     (Public Law 103-353), including services as authorized by 5 
     U.S.C. 3109, payment of fees and expenses for witnesses, 
     rental of conference rooms in the District of Columbia and 
     elsewhere, and hire of passenger motor vehicles; $15,325,000.

                        Selective Service System


                         Salaries and Expenses

       For necessary expenses of the Selective Service System, 
     including expenses of attendance at meetings and of training 
     for uniformed personnel assigned to the Selective Service 
     System, as authorized by 5 U.S.C. 4101-4118 for civilian 
     employees; purchase of uniforms, or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
     vehicles; services as authorized by 5 U.S.C. 3109; and not to 
     exceed $750 for official reception and representation 
     expenses; $24,000,000: Provided, That during the current 
     fiscal year, the President may exempt this appropriation from 
     the provisions of 31 U.S.C. 1341, whenever the President 
     deems such action to be necessary in the interest of national 
     defense: Provided further, That none of the funds 
     appropriated by this Act may be expended for or in connection 
     with the induction of any person into the Armed Forces of the 
     United States.

           United States Interagency Council on Homelessness


                           Operating Expenses

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms, and the employment of experts and 
     consultants under section 3109 of title 5, United States 
     Code) of the United States Interagency Council on 
     Homelessness in carrying out the functions pursuant to title 
     II of the McKinney-Vento Homeless Assistance Act, as amended, 
     $1,499,000.

                      United States Postal Service


                   Payment to the Postal Service Fund

       For payment to the Postal Service Fund for revenue forgone 
     on free and reduced rate mail, pursuant to subsections (c) 
     and (d) of section 2401 of title 39, United States Code, 
     $116,350,000, of which $73,000,000 shall not be available for 
     obligation until October 1, 2006: Provided, That mail for 
     overseas voting and mail for the blind shall continue to be 
     free: Provided further, That 6-day delivery and rural 
     delivery of mail shall continue at not less than the 1983 
     level: Provided further, That none of the funds made 
     available to the Postal Service by this Act shall be used to 
     implement any rule, regulation, or policy of charging any 
     officer or employee of any State or local child support 
     enforcement agency, or any individual participating in a 
     State or local program of child support enforcement, a fee 
     for information requested or provided concerning an address 
     of a postal customer: Provided further, That none of the 
     funds provided in this Act shall be used to consolidate or 
     close small rural and other small post offices in fiscal year 
     2006.

                        United States Tax Court


                         Salaries and Expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, $48,998,000: 
     Provided, That travel expenses of the judges shall be paid 
     upon the written certificate of the judge.

                TITLE VIII--GENERAL PROVISIONS THIS ACT


                     (including transfers of funds)

       Sec. 801. Such sums as may be necessary for fiscal year 
     2006 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 802. None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 803. None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 804. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 805. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 806. None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930.
       Sec. 807. No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 808. No funds appropriated pursuant to this Act may be 
     expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy America Act'').
       Sec. 809. No funds appropriated or otherwise made available 
     under this Act shall be made available to any person or 
     entity that has been convicted of violating the Buy American 
     Act (41 U.S.C. 10a-10c).
       Sec. 810. None of the funds provided in this Act, provided 
     by previous appropriations Acts to the agencies or entities 
     funded in this Act that remain available for obligation or 
     expenditure in fiscal year 2005, or provided from any 
     accounts in the Treasury derived by the collection of fees 
     and available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that: (1) creates a new program; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel for any program, project, or activity for 
     which funds have been denied or restricted by the Congress; 
     (4) proposes to use funds directed for a specific activity by 
     either the House or Senate Committees on Appropriations for a 
     different purpose; (5) augments existing programs, projects, 
     or activities in excess of $2,000,000 or 10 percent, 
     whichever is greater; (6) reduces existing programs, 
     projects, or activities by $2,000,000 or 10 percent, 
     whichever is greater; or (7) creates, reorganizes, or 
     restructures a branch, division, office, bureau, board, 
     commission, agency, administration, or department different 
     from the budget justifications submitted to the Committees on 
     Appropriations or the table accompanying the statement of the 
     managers accompanying this Act, whichever is more detailed, 
     unless prior approval is received from the House and Senate 
     Committees on Appropriations: Provided, That not later than 
     60 days after the date of enactment of this Act, each agency 
     funded by this Act shall submit a report to the Committee on 
     Appropriations of the Senate and of the House of 
     Representatives to establish the baseline for application of 
     reprogramming and transfer authorities for the current fiscal 
     year: Provided further, That the report shall include: (1) a 
     table for each appropriation with a separate column to 
     display the President's budget request, adjustments made by 
     Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level; (2) a 
     delineation in the table for each appropriation both by 
     object class and program, project, and activity as detailed 
     in the budget appendix for the respective appropriation; and 
     (3) an identification of items of special congressional 
     interest: Provided further, That the amount appropriated or 
     limited for salaries and expenses for an agency shall be 
     reduced by $100,000 per day for each day after the required 
     date that the report has not been submitted to the Congress.
       Sec. 811. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2006 from appropriations 
     made available for salaries and expenses for fiscal year 2006 
     in this Act, shall remain available through September 30, 
     2007, for each such account for the purposes authorized: 
     Provided, That a request shall be submitted to the Committees 
     on Appropriations for approval prior to the expenditure of

[[Page H5466]]

     such funds: Provided further, That these requests shall be 
     made in compliance with reprogramming guidelines.
       Sec. 812. None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 813. The cost accounting standards promulgated under 
     section 26 of the Office of Federal Procurement Policy Act 
     (Public Law 93-400; 41 U.S.C. 422) shall not apply with 
     respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 814. For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office pursuant to court approval.
       Sec. 815. No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefits program which provides any benefits 
     or coverage for abortions.
       Sec. 816. The provision of section 815 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 817. In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in the Buy American Act (41 U.S.C. 10a et seq.), shall 
     not apply to the acquisition by the Federal Government of 
     information technology (as defined in section 11101 of title 
     40, United States Code), that is a commercial item (as 
     defined in section 4(12) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403(12)).
       Sec. 818. None of the funds made available in the Act may 
     be used to finalize, implement, administer, or enforce--
       (1) the proposed rule relating to the determination that 
     real estate brokerage is an activity that is financial in 
     nature or incidental to a financial activity published in the 
     Federal Register on January 3, 2001 (66 Fed. Reg. 307 et 
     seq.); or
       (2) the revision proposed in such rule to section 1501.2 of 
     title 12 of the Code of Federal Regulations.
       Sec. 819. Of the funds provided in title I of this Act 
     under the heading, ``Office of the Secretary, Transportation 
     Planning, Research, and Development'', $3,000,000 shall be 
     available for necessary expenses to reimburse fixed-based 
     general aviation operators and the providers of general 
     aviation ground support services at Ronald Reagan Washington 
     National Airport, and airports within 15 miles of Ronald 
     Reagan Washington National Airport, for financial losses 
     incurred by these operators while such airports were closed 
     due to the actions of the Federal Government following the 
     terrorist attacks on the United States that occurred on 
     September 11, 2001: Provided, That such funds shall remain 
     available until expended: Provided further, That obligation 
     and expenditure of these funds shall be made conditional upon 
     full release of the U.S. Government for all claims arising 
     from the closing of these general aviation facilities.
       Sec. 820. Section 640(c) of the Treasury and General 
     Government Appropriations Act, 2000 (Public Law 106-58; 2 
     U.S.C. 437g note), as amended by section 642 of the Treasury 
     and General Government Appropriations Act, 2002 (Public Law 
     107-67) and by section 639 of the Transportation, Treasury, 
     and Independent Agencies Appropriations Act, 2004 (Public Law 
     108-199), is amended by striking ``December 31, 2005'' and 
     inserting ``December 31, 2008''.


                             Point of Order

  Mr. TOM DAVIS of Virginia. Mr. Chairman, I raise a point of order 
against section 808. This provision violates clause 2(b) of House rule 
XXI. It proposes to change existing law within the jurisdiction of the 
Committee on Government Reform and therefore constitutes legislation on 
an appropriation bill in violation of House rules.
  The CHAIRMAN. Does any Member wish to be heard on the point of order?
  If not, the Chair is prepared to rule.
  The Chair finds that this section, though in the form of a limitation 
on funds, conditions the use of those funds on compliance with an act 
not otherwise applicable. As such, the section constitutes legislation 
in violation of clause 2 of rule XXI. The point of order is sustained 
and the section is stricken from the bill.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed in the following order: amendment offered by the gentleman 
from Iowa (Mr. King), amendment offered by the gentlewoman from South 
Dakota (Ms. Herseth), amendment offered by the gentlewoman from Oregon 
(Ms. Hooley), amendment offered by the gentleman from Indiana (Mr. 
Souder).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment Offered by Mr. King of Iowa

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Iowa (Mr. King) on which 
further proceedings were postponed and on which the noes prevailed by 
voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 42, 
noes 374, not voting 17, as follows:

                             [Roll No. 341]

                                AYES--42

     Akin
     Bishop (UT)
     Blackburn
     Chabot
     Cubin
     Davis, Jo Ann
     Drake
     Duncan
     Foxx
     Franks (AZ)
     Gibbons
     Gingrey
     Gohmert
     Goode
     Gutknecht
     Harris
     Hart
     Hayworth
     Hefley
     Herger
     Johnson (IL)
     Kelly
     King (IA)
     Lewis (KY)
     Mack
     McHenry
     McIntyre
     Miller (FL)
     Musgrave
     Myrick
     Neugebauer
     Paul
     Pearce
     Pitts
     Poe
     Pombo
     Renzi
     Rohrabacher
     Shuster
     Simmons
     Taylor (MS)
     Wilson (SC)

                               NOES--374

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (NY)
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Dreier
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Frank (MA)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor
     Gonzalez
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hensarling
     Herseth
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Maloney
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McKeon
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Nadler
     Napolitano
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey

[[Page H5467]]


     Olver
     Ortiz
     Osborne
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Petri
     Pickering
     Platts
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (NC)
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (FL)

                             NOT VOTING--17

     Bachus
     Barrow
     Bishop (GA)
     Cooper
     Higgins
     Lewis (GA)
     Neal (MA)
     Ney
     Peterson (PA)
     Rangel
     Ross
     Scott (GA)
     Stark
     Thomas
     Watt
     Westmoreland
     Young (AK)

                              {time}  2213

  Messrs. WYNN, ACKERMAN, and GRAVES changed their vote from ``aye'' to 
``no.''
  Mr. POMBO changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                    Amendment Offered by Ms. Herseth

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentlewoman from South Dakota (Ms. 
Herseth) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 188, 
noes 232, not voting 13, as follows:

                             [Roll No. 342]

                               AYES--188

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Coble
     Conyers
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Fitzpatrick (PA)
     Ford
     Gohmert
     Goodlatte
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kelly
     Kennedy (RI)
     Kildee
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Levin
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Reyes
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Serrano
     Sherman
     Simpson
     Skelton
     Slaughter
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Strickland
     Stupak
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--232

     Aderholt
     Akin
     Alexander
     Baird
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carson
     Carter
     Castle
     Chabot
     Chocola
     Cole (OK)
     Conaway
     Cox
     Cramer
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Filner
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kaptur
     Keller
     Kennedy (MN)
     Kilpatrick (MI)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lee
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pastor
     Paul
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwarz (MI)
     Scott (VA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Smith (NJ)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Waters
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                             NOT VOTING--13

     Bachus
     Barrow
     Bishop (GA)
     Cooper
     Lewis (GA)
     Neal (MA)
     Peterson (PA)
     Ross
     Scott (GA)
     Stark
     Thomas
     Westmoreland
     Young (AK)

                              {time}  2222

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. HINOJOSA. Mr. Chairman, on rollcall No. 342, I inadvertently 
voted ``yes'' (by mistake) I wanted to vote ``no''. Please show me 
voting ``no'' on the Herseth amendment.


                    Amendment Offered by Ms. Hooley

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentlewoman from Oregon (Ms. Hooley) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 315, 
noes 103, not voting 15, as follows:

                             [Roll No. 343]

                               AYES--315

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barton (TX)
     Bass
     Bean
     Becerra
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Boehlert
     Boehner
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Butterfield
     Calvert

[[Page H5468]]


     Camp
     Cannon
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chabot
     Chandler
     Clay
     Cleaver
     Clyburn
     Coble
     Conaway
     Conyers
     Costa
     Costello
     Cramer
     Crowley
     Cubin
     Cuellar
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Franks (AZ)
     Gallegly
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Harris
     Hastings (FL)
     Hayworth
     Hefley
     Herger
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hyde
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kirk
     Kline
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (KY)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Nadler
     Napolitano
     Ney
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Petri
     Pickering
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Reichert
     Renzi
     Reyes
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                               NOES--103

     Aderholt
     Akin
     Baker
     Barrett (SC)
     Bartlett (MD)
     Beauprez
     Blunt
     Bonilla
     Bonner
     Bono
     Boozman
     Brady (TX)
     Brown (SC)
     Burton (IN)
     Cantor
     Carter
     Chocola
     Cole (OK)
     Cox
     Crenshaw
     Culberson
     Deal (GA)
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Ehlers
     English (PA)
     Everett
     Feeney
     Ferguson
     Flake
     Foxx
     Frank (MA)
     Frelinghuysen
     Garrett (NJ)
     Granger
     Gutknecht
     Hall
     Hart
     Hastings (WA)
     Hayes
     Hensarling
     Hobson
     Hoekstra
     Hostettler
     Hunter
     Inglis (SC)
     Istook
     Johnson (CT)
     Johnson, Sam
     Kingston
     Knollenberg
     Kolbe
     Lewis (CA)
     Linder
     Mack
     Marchant
     McCaul (TX)
     McCrery
     McKeon
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore (WI)
     Myrick
     Neugebauer
     Northup
     Norwood
     Paul
     Pearce
     Pence
     Pitts
     Platts
     Pryce (OH)
     Regula
     Rehberg
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Sessions
     Simpson
     Smith (TX)
     Sodrel
     Sullivan
     Sweeney
     Thornberry
     Tiahrt
     Turner
     Walsh
     Weldon (FL)
     Wicker
     Wilson (SC)
     Wolf
     Young (FL)

                             NOT VOTING--15

     Bachus
     Barrow
     Berman
     Bishop (GA)
     Buyer
     Cooper
     Lewis (GA)
     Neal (MA)
     Peterson (PA)
     Ross
     Scott (GA)
     Stark
     Thomas
     Westmoreland
     Young (AK)

                              {time}  2228

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 17 Offered by Mr. Souder

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Indiana (Mr. Souder) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 268, 
noes 151, not voting 14, as follows:

                             [Roll No. 344]

                               AYES--268

     Abercrombie
     Ackerman
     Akin
     Alexander
     Andrews
     Baca
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Boren
     Boswell
     Boustany
     Boyd
     Brady (PA)
     Brown, Corrine
     Brown-Waite, Ginny
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Capito
     Capps
     Cardin
     Cardoza
     Carnahan
     Case
     Chabot
     Chandler
     Chocola
     Coble
     Conaway
     Conyers
     Costa
     Costello
     Cramer
     Crowley
     Cubin
     Cuellar
     Cummings
     Davis (AL)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     Delahunt
     Dent
     Diaz-Balart, M.
     Dicks
     Dingell
     Doyle
     Duncan
     Edwards
     Ehlers
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goodlatte
     Gordon
     Graves
     Green (WI)
     Green, Al
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hayworth
     Herseth
     Higgins
     Hinchey
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hulshof
     Inslee
     Israel
     Issa
     Jefferson
     Jenkins
     Johnson, Sam
     Jones (NC)
     Kaptur
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kind
     King (IA)
     King (NY)
     Kirk
     Kline
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Latham
     Levin
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lucas
     Lynch
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McHenry
     McIntyre
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Miller (MI)
     Miller (NC)
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Oberstar
     Ortiz
     Osborne
     Otter
     Owens
     Pallone
     Payne
     Pence
     Peterson (MN)
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Reichert
     Renzi
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rothman
     Ruppersberger
     Ryan (WI)
     Salazar
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Sodrel
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Terry
     Thompson (CA)
     Thornberry
     Tiberi
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Walden (OR)
     Wamp
     Wasserman Schultz
     Waters
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Wilson (NM)
     Wilson (SC)
     Woolsey
     Wu

                               NOES--151

     Aderholt
     Allen
     Bilirakis
     Blumenauer
     Blunt
     Boehlert
     Bonilla
     Bono
     Boozman
     Boucher
     Bradley (NH)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Burgess
     Cantor
     Capuano
     Carson
     Carter
     Castle
     Clay
     Cleaver
     Clyburn
     Cole (OK)
     Cox
     Crenshaw
     Culberson
     Cunningham
     Davis (CA)
     DeGette
     DeLauro
     DeLay
     Diaz-Balart, L.
     Doggett
     Doolittle
     Drake
     Dreier
     Emanuel
     Emerson
     Evans
     Feeney
     Ferguson
     Flake
     Frank (MA)
     Frelinghuysen
     Garrett (NJ)
     Gonzalez
     Goode
     Granger
     Green, Gene
     Grijalva
     Gutierrez
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Hoyer
     Hunter
     Hyde
     Inglis (SC)
     Jackson (IL)
     Jackson-Lee (TX)
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Keller
     Kildee
     Kilpatrick (MI)
     Kingston
     Knollenberg
     Kolbe
     Kucinich
     Larson (CT)
     LaTourette
     Leach
     Lee
     Lewis (CA)
     Lowey

[[Page H5469]]


     Lungren, Daniel E.
     Maloney
     Markey
     McCrery
     McGovern
     McHugh
     McKeon
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Mollohan
     Moran (VA)
     Northup
     Obey
     Olver
     Oxley
     Pascrell
     Pastor
     Paul
     Pearce
     Pelosi
     Petri
     Pombo
     Pryce (OH)
     Regula
     Rehberg
     Reyes
     Reynolds
     Rohrabacher
     Ros-Lehtinen
     Roybal-Allard
     Royce
     Rush
     Ryan (OH)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Saxton
     Scott (VA)
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (TX)
     Solis
     Sullivan
     Taylor (NC)
     Thompson (MS)
     Tiahrt
     Tierney
     Towns
     Turner
     Visclosky
     Walsh
     Watson
     Watt
     Weldon (FL)
     Whitfield
     Wicker
     Wolf
     Wynn
     Young (FL)

                             NOT VOTING--14

     Bachus
     Barrow
     Bishop (GA)
     Cooper
     Istook
     Lewis (GA)
     Neal (MA)
     Peterson (PA)
     Ross
     Scott (GA)
     Stark
     Thomas
     Westmoreland
     Young (AK)

                              {time}  2236

  Mr. ROHRABACHER changed his vote from ``aye'' to ``no.''
  Mr. CONYERS and Mr. JONES of North Carolina changed their vote from 
``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Mr. KNOLLENBERG. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
McHenry) having assumed the chair, Mr. McHugh, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 3058) 
making appropriations for the Departments of Transportation, Treasury, 
and Housing and Urban Development, the Judiciary, District of Columbia, 
and independent agencies for the fiscal year ending September 30, 2006, 
and for other purposes, had come to no resolution thereon.

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