[Congressional Record Volume 151, Number 124 (Thursday, September 29, 2005)]
[House]
[Pages H8531-H8535]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONTINUING APPROPRIATIONS, FISCAL YEAR 2006
Mr. LEWIS of California. Mr. Speaker, pursuant to House Resolution
469, I call up the joint resolution (H.J. Res. 68) making continuing
appropriations for the fiscal year 2006, and for other purposes, and
ask for its immediate consideration.
The Clerk read the title of the joint resolution.
The text of the joint resolution is as follows:
H.J. Res. 68
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2006, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for fiscal year 2005 for continuing
projects or activities (including the costs of direct loans
and loan guarantees) that are not otherwise specifically
provided for in this joint resolution, that were conducted in
fiscal year 2005, and for which appropriations, funds, or
other authority would be available in the following
appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2006.
(2) The Department of Defense Appropriations Act, 2006.
(3) The Energy and Water Development Appropriations Act,
2006.
(4) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (in the House of
Representatives), or the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2006 (in
the Senate).
(5) The Department of Homeland Security Appropriations Act,
2006.
(6) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2006.
(7) The Military Quality of Life and Veterans Affairs
Appropriations Act, 2006 (in the House of Representatives),
or the Military Construction and Veterans Affairs, and
Related Agencies Appropriations Act, 2006 (in the Senate).
(8) The Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (in the House of
Representatives), or the Departments of Commerce and Justice,
Science, and Related Agencies Appropriations Act, 2006 (in
the Senate).
(9) The Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (in the House
of Representatives), or the Transportation, Treasury, the
Judiciary, Housing and Urban Development, and Related
Agencies Appropriations Act, 2006 (in the Senate) and the
District of Columbia Appropriations Act, 2006 (in the
Senate).
(b) Whenever the amount that would be made available or the
authority that would be granted for a project or activity
under an Act listed in subsection (a) as passed by the House
of Representatives as of October 1, 2005, is the same as the
amount or authority that would be available or granted under
the same or other pertinent Act as passed by the Senate as of
October 1, 2005--
(1) the project or activity shall be continued at a rate
for operations not exceeding the current rate or the rate
permitted by the actions of the House and the Senate,
whichever is lower, and under the authority and conditions
provided in applicable appropriations Acts for fiscal year
2005; or
(2) if no amount or authority is made available or granted
for the project or activity by the actions of the House and
the Senate, the project or activity shall not be continued.
(c) Whenever the amount that would be made available or the
authority that would be granted for a project or activity
under an Act listed in subsection (a) as passed by the House
of Representatives as of October 1, 2005, is different from
the amount or authority that would be available or granted
under the same or other pertinent Act as passed by the Senate
as of October 1, 2005--
(1) the project or activity shall be continued at a rate
for operations not exceeding the current rate or the rate
permitted by the action of the House or the Senate, whichever
is lowest, and under the authority and conditions provided in
applicable appropriations Acts for fiscal year 2005; or
(2) if the project or activity is included in the pertinent
Act of only one of the Houses, the project or activity shall
be continued under the appropriation, fund, or authority
granted by the one House, but at a rate for operations not
exceeding the current rate or the rate permitted by the
action of the one House, whichever is lower, and under the
authority and conditions provided in applicable
appropriations Acts for fiscal year 2005.
(d) Whenever the pertinent Act covering a project or
activity has been passed by only the House of Representatives
as of October 1, 2005--
(1) the project or activity shall be continued under the
appropriation, fund, or authority granted by the House, at a
rate for operations not exceeding the current rate or the
rate permitted by the action of the House, whichever is
lower, and under the authority and conditions provided in
applicable appropriations Acts for fiscal year 2005; or
(2) if the project or activity is funded in applicable
appropriations Acts for fiscal year 2005 and not included in
the pertinent Act of the House as of October 1, 2005, the
project or activity shall be continued under the
appropriation, fund, or authority granted by applicable
appropriations Acts for fiscal year 2005 at a rate for
operations not exceeding the current rate and under the
authority and conditions provided in applicable
appropriations Acts for fiscal year 2005.
Sec. 102. (a) No appropriation or funds made available or
authority granted pursuant to section 101 for the Department
of Defense shall be used for (1) the new production of items
not funded for production in fiscal year 2005 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2005 funds; or (3) the initiation,
resumption, or continuation of any project, activity,
operation, or organization (defined as any project,
subproject, activity, budget activity, program element, and
subprogram within a program element, and for any investment
items defined as a P-1 line item in a budget activity within
an appropriation account and an R-1 line item that includes a
program element and subprogram element within an
appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2005.
(b) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense
shall be used to initiate multi-year procurements utilizing
advance procurement funding for economic order quantity
procurement unless specifically appropriated later.
(c) Notwithstanding this section, the Secretary of Defense
may, following notification of the congressional defense
committees, initiate projects or activities required to be
undertaken for force protection purposes using funds made
available from the Iraq Freedom Fund.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 104. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during fiscal year 2005.
Sec. 105. Appropriations made and authority granted
pursuant to this joint resolution shall cover all obligations
or expenditures incurred for any project or activity during
the period for which funds or authority for such project or
activity are available under this joint resolution.
Sec. 106. Unless otherwise provided for in this joint
resolution or in the applicable appropriations Act,
appropriations and funds made available and authority granted
pursuant to this joint resolution shall be available until
whichever of the following first occurs: (1) the enactment
into law of an appropriation for any project or activity
provided for in this joint resolution; (2) the enactment into
law of the applicable appropriations Act by both Houses
without any provision for such project or activity; or (3)
November 18, 2005.
Sec. 107. Expenditures made pursuant to this joint
resolution shall be charged to the applicable appropriation,
fund, or authorization whenever a bill in which such
applicable appropriation, fund, or authorization is contained
is enacted into law.
Sec. 108. Appropriations and funds made available by or
authority granted pursuant to this joint resolution may be
used without regard to the time limitations for submission
and approval of apportionments set forth in section 1513 of
title 31, United States Code, but nothing in this joint
resolution may be construed to waive any other provision of
law governing the apportionment of funds.
[[Page H8532]]
Sec. 109. Notwithstanding any other provision of this joint
resolution, except section 106, for those programs that had
high initial rates of operation or complete distribution of
fiscal year 2005 appropriations at the beginning of that
fiscal year because of distributions of funding to States,
foreign countries, grantees or others, similar distributions
of funds for fiscal year 2006 shall not be made and no grants
shall be awarded for such programs funded by this joint
resolution that would impinge on final funding prerogatives.
Sec. 110. This joint resolution shall be implemented so
that only the most limited funding action of that permitted
in the joint resolution shall be taken in order to provide
for continuation of projects and activities.
Sec. 111. No provision that is included in an
appropriations Act listed in section 101(a), but that was not
included in the applicable appropriations Act for fiscal year
2005 and by its terms is applicable to more than one
appropriation, fund, or authority, shall be applicable to any
appropriation, fund, or authority provided in this joint
resolution.
Sec. 112. No provision that is included in an
appropriations Act listed in section 101(a), and that makes
the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or
other legislation, shall be effective before the date set
forth in section 106(3).
Sec. 113. Funds appropriated by this joint resolution may
be obligated and expended notwithstanding section 10 of
Public Law 91-672 (22 U.S.C. 2412), section 15 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
Sec. 114. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts
for fiscal year 2005, and for activities under the Food Stamp
Act of 1977, activities shall be continued at the rate to
maintain program levels under current law, under the
authority and conditions provided in the applicable
appropriations Act for fiscal year 2005, to be continued
through the date specified in section 106(3) of this joint
resolution.
(b) Notwithstanding section 106 of this joint resolution,
funds shall be available and obligations for mandatory
payments due on or about November 1, 2005 and December 1,
2005, may continue to be made.
Sec. 115. The provisions of, and amendments made by,
sections 1011, 1012, 1013, 1023, and 1026 of Public Law 109-
13 shall continue in effect, notwithstanding the fiscal year
limitation in section 1011 and the provisions of sections
1012(i), 1013(e), 1023(c), and 1026(e) of that Public Law,
through the earlier of (1) the date specified in section
106(3) of this joint resolution, or (2) with respect to any
such section of Public Law 109-13, the date of the enactment
into law of legislation that supersedes the provisions of, or
the amendments made by, that section.
Sec. 116. The authorities provided by section 1306 of
Public Law 107-314 shall continue in effect through the date
specified in section 106(3) of this joint resolution or the
date of the enactment into law of a defense authorization Act
for fiscal year 2006, whichever is earlier.
Sec. 117. Section 6 of Public Law 107-57, as amended, shall
be applied by substituting the date specified in section 106
of this joint resolution for ``October 1, 2005'', and
sections 508 and 512 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2005
(Public Law 108-447, div. D), as made applicable to fiscal
year 2006 by the provisions of this joint resolution, shall
not apply with respect to Pakistan through the date specified
in section 106(3) of this joint resolution.
Sec. 118. (a) Funds provided in section 101 of this joint
resolution for ``Social Security Administration-Limitation on
Administrative Expenses'' may be used to complete the
processing of appeals received prior to July 1, 2005 under
sections 1852 and 1869 of the Social Security Act,
notwithstanding section 931(b) of Public Law 108-173.
(b) The Commissioner of Social Security may enter into a
reimbursable agreement with the Secretary of Health and Human
Services to process, during fiscal year 2006, appeals
received after June 30, 2005 and prior to October 1, 2005.
Sec. 119. For the purposes of section 101 of this joint
resolution, amounts obligated in fiscal year 2005 from
funding provided in section 1015 of Public Law 108-173 shall
be deemed to have been provided in an applicable
appropriations Act for fiscal year 2005.
Sec. 120. Notwithstanding section 101 of this joint
resolution, amounts are provided for ``Department of Health
and Human Services-Office of the Secretary-Medicare Appeals''
at a rate for operations not exceeding the rate set forth for
such account in title II of H.R. 3010 of the 109th Congress,
as passed by the House of Representatives.
Sec. 121. Section 1015(b) of Public Law 108-173 is amended
by striking ''2005'' and inserting ''2006''.
Sec. 122. The authority provided by section 2011 of title
38, United States Code, shall continue in effect through the
date specified in section 106(3) of this joint resolution.
Sec. 123. The authority provided by section 2808 of Public
Law 108-136, as amended by section 2810 of Public Law 108-
375, shall continue in effect through the date specified in
section 106(3) of this joint resolution.
Sec. 124. The amendment made by section 1022 of Public Law
109-13 shall continue in effect through the date specified in
section 106(3) of this joint resolution.
Sec. 125. Funds appropriated by section 101 of this joint
resolution for the National Aeronautics and Space
Administration may be obligated in the account and budget
structure set forth in the pertinent Acts specified in
section 101(a)(8).
Sec. 126. Funds appropriated by section 101 of this joint
resolution for ``National Science Foundation-Research and
Related Activities'' may be used for Arctic and Antarctic
icebreaking maintenance and operations.
Sec. 127. (a) Notwithstanding any other provision of this
joint resolution, except section 106, the District of
Columbia may expend local funds for programs and activities
under the heading ``District of Columbia Funds'' at the rate
set forth for such programs and activities under title V of
H.R. 3058, One Hundred Ninth Congress, as passed by the House
of Representatives, and in addition, funds under ``District
of Columbia Funds-Enterprise and Other Funds-Capital Outlay''
as included in the Fiscal Year 2006 Proposed Budget and
Financial Plan submitted to the Congress by the District of
Columbia on June 6, 2005.
(b) Section 2302 of Public Law 108-11, as amended by
section 336 of Public Law 108-335 shall be applied by
substituting the date specified in section 106(3) of this
joint resolution for ``September 30, 2005''.
Sec. 128. The provisions of title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall
continue in effect, notwithstanding section 209 of such Act,
through the earlier of (1) the date specified in section
106(3) of this joint resolution, or (2) the date of the
enactment into law of an authorization Act relating to the
McKinney-Vento Homeless Assistance Act.
Sec. 129. Notwithstanding section 101 of this joint
resolution, amounts are provided for ``Department of
Transportation-Federal Transit Administration-Administrative
Expenses'' at a rate for operations not exceeding the total
of budgetary resources made available for obligation for
fiscal year 2005.
Sec. 130. Section 403(f) of Public Law 103-356 (31 U.S.C.
501 note) shall be applied by substituting the date specified
in section 106(3) of this joint resolution for ``October 1,
2005''.
Sec. 131. Amounts made available by this joint resolution
for the Department of Defense that are related to amounts
provided in title IX of the Department of Defense
Appropriations Act, 2006, as passed by the House, or related
to amounts designated as emergency requirements in previous
defense appropriations Acts or supplemental appropriations
Acts, are designated as appropriations for contingency
operations related to the global war on terrorism pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006,
except that amounts so designated under this section shall
not exceed $50,000,000,000.
The SPEAKER pro tempore (Mr. Foley). Pursuant to House Resolution
469, the gentleman from California (Mr. Lewis) and the gentleman from
Wisconsin (Mr. Obey) each will control 30 minutes.
The Chair recognizes the gentleman from California (Mr. Lewis).
Mr. LEWIS of California. Mr. Speaker, I yield myself such time as I
may consume, and I hope I do not consume very much.
Mr. Speaker, I am pleased to bring to the House the continuing
resolution for fiscal year 2006. The CR will run through November 18.
It is a clean CR without exception. Several Members are pushing the
extension of dairy programs, adding emergency spending for the Corps of
Engineers, and a whole host of other ideas. We have rejected them all.
These items can be addressed in the next supplemental, regular fiscal
year 2006 bills, or in reconciliation. The CR will fund agencies at the
lower of three levels: the House-passed level, the Senate-passed level,
or fiscal year 2005 current rates.
Agencies funded in the Labor-HHS, Treasury, Transportation and
Defense bills will be funded at the lower of the House-passed or
current rates since the Senate will not pass these bills by October 1.
The House and Senate have not passed a CR under the current framework
since 1994. By returning to a traditional CR that funds the government
operations at the lowest possible level, it will provide a strong
motivation for this Congress to complete its work in regular order and
produce individual appropriations bills and conference reports.
I want the body to know the Committee on Appropriations is strongly
committed to bringing back to this floor individual conference reports
for each and every bill. The committee does not support an omnibus or
minibus in any form and will do everything in its power to ensure that
that does not happen.
I remain committed to moving these bills individually and within the
framework of the budget resolution. In order
[[Page H8533]]
to help the Senate with the difficult process of passing the Treasury,
Transportation and Labor-HHS bills, we will continue to push the lower
rate, long-term continuing resolution prospect. I am convinced that
this is the only way for us to get back to regular order. The House and
Senate committees on appropriations are both committed to this goal.
With regard to the regular order appropriations bills, the Interior
and Legislative branch conference reports have been signed into law.
The Homeland Security conference concluded just this morning, and we
expect to file a conference report today.
The Senate has now passed eight appropriations bills, and the ninth
is expected to be completed by early next week. We have begun giving
notional allocations to Energy and Water, Foreign Operations, Science,
Justice, State and Commerce and Agriculture subcommittees so they can
begin negotiating. We are making very good progress.
This continuing resolution is an important step toward achieving our
goal of restoring regular order to the congressional appropriations
process.
Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield myself 13 minutes.
Mr. Speaker, I do not know quite what to say about this continuing
resolution. I have a lot of notes here, most of which I will not use,
but let me simply note that this is another case of the failure to
effectively govern by the Republican President and the Republican
majority in this Congress. We are here facing an end of the fiscal year
situation 3 days from now. We have failed in the basic test of
governing, and I think it is important to understand why.
Throughout the year, we on the Democratic side of the aisle, in the
minority, have worked with the majority on every possible procedural
issue and cooperated with them procedurally at every juncture so that
we could enable this House to pass the 10 appropriation bills that are
necessary to pass, even though we disagreed in most instances with the
content of those bills.
When I was asked by numerous Members of my caucus and a number of
members of the press why we were cooperating procedurally when we
opposed the substance of many of the bills, I made it clear. I said we
were cooperating because I wanted the record to show at the end of the
year, when the Republican majority failed to pass its appropriation
bills by the end of the year, I wanted the record to show clearly why.
Now we are here and in spite of our procedural cooperation, the
Republican majority has managed to pass only two of the 10
appropriation bills under our responsibility. Why? In my view it is
because the majority caucus has such a fundamental disrespect for the
basic functions of government that it has sacrificed and squeezed so
many education and health and veterans and other programs in order to
pay for huge, supersize tax cuts for the most wealthy among us, that,
in the end, they have not been able to convince their Senate colleagues
to go along and go on record and endorse those cuts. So now we are
faced with a stopgap funding bill which is brought to the House floor
by the gentleman from California.
Normally, if Congress fails to pass its appropriation bills, then it
continues funding at the existing rate until Congress can get its act
together. Instead, this bill does something quite different. It says
that for the time period under the continuing resolution, we will be
spending at the lower of either last year or the House-passed bill or
the Senate-passed bill. That results in a number of, I think, extremely
inequitable realities. It, for instance, means that we are effectively
cutting $800 million below last year and $400 million below the
President in the field of education. It means that we are cutting
essential job training programs below last year and cutting job
training formula grants by $138 million.
In health care, it means that we are cutting maternal and child
health care, and we are cutting rural health outreach programs. It
means that we are cutting the Community Service Block Grant, a program
which deals with the needs of the poorest people in this society by 50
percent. It means that we are eliminating the 10 percent increase that
this House had planned for veterans health care. It means that we are
cutting the FBI by $616 million below the House-passed bill. It means
that we are freezing low-income heating assistance at a time when the
cost of home heating for low-income Americans is going to rise by 40 to
50 percent. But it leaves intact, it leaves intact the huge, supersize
tax cuts for the top 1 percent of earners in this society, people who
make more than $400,000 a year.
And it leaves in place the President's edict, his unilateral edict in
the wake of Hurricane Katrina, that the workers in the afflicted area
who are trying to put that area back together are not even going to be
allowed to get a decent prevailing wage that they would otherwise be
guaranteed under Davis-Bacon. And yet while it is chiseling on the
wages of those workers, it is saying to the persons who make over
$400,000 a year, on average you are going to get a $32,000 tax cut.
Mr. Speaker, $32,000 is a lot more than a lot of people in this
country make in a year. A huge percentage of my district makes less
than that $32,000.
{time} 1245
But we are going to give an average $32,000 tax cut to the people in
this society who need it least. The bill also assures the death of one
part of the farm bill that was passed 3 years ago. It makes sure that
the only major farm bill that is going to expire is the program that is
given some financial support to the smallest farmers in this country,
the MILC program.
Now, the question is being asked in this town, ``How are we going to
pay for Hurricane Katrina?'' In my judgment, Mr. Speaker, that is the
wrong question. Katrina, no matter what the eventual cost is and it is
going to be large. It is going to be somewhere between $100 billion and
$200 billion, I expect. Let us say it is $100 billion. That is a huge
amount of money. But this economy is large enough to handle that
because it is essentially a one-time bubble. Even though it will be
spent out over the next 3 or 4 years, it is a one-time event, and this
economy is always big enough to handle that.
But the right question to be asking is not how are we going to pay
for Katrina? The right question is: ``How are we going to be able to
pay for the decisions already made by the Republican majority of this
Congress and the White House to give away to the wealthiest people in
this society, the top 1 percent, over $1 trillion in tax cuts over the
next decade?'' We are going to give away, in tax cuts to the top 1
percent, ten times as much as Katrina is being estimated to cost. So
the right question to ask is: ``What are we going to do so that we can
afford to pay for the Katrinas that come along and the Iraqi War, where
we have a war of choice driven by a President who misled us into that
war by giving us false and misleading information?''
So if the Members vote for this continuing resolution today, they are
voting to keep those giant tax cuts in place. They are voting to do not
one blessed thing to deal with the long-term fiscal impact that they
have on the country and, yes, will be chiseling on some of the programs
that I just mentioned.
Mr. Speaker, I am going to offer a motion to recommit, which does a
number of things. I am going to offer a motion to recommit, which,
number one, would provide that the funding levels in this bill be at
the current rate rather than the three-headed rate spelled out by the
gentleman, so that we do not, even for a month, cut back on what we are
doing on job training or community service block grants or low-income
heating assistance or other programs like that. Second, it will ask
that we treat all farm programs the same. Third, it will restore Davis-
Bacon prevailing wages. It will countermand the President's unilateral
edict. And that is basically what I will be asking the House to do.
Under the rules of the House, as they have been jury-rigged, under
the rule of the House, if a Member of the House lodges a point of
order, this motion to recommit will not be allowed to obtain a vote.
But if persons on the majority side of the aisle refrain from lodging a
point of order, then the House would be allowed to vote on a measure
which restores equity to the farm programs, on a measure which restores
equity to
[[Page H8534]]
funding levels for all programs, and it would restore Davis-Bacon
protections for workers as well. And it would also, I should add,
instruct the Congress to come back with a change in the Tax Code so
that we limit the size of the tax cuts for people who make over
$400,000 to the size received by persons in the top 5 percent of the
economy. That means they still get at least a $9,000 tax cut on
average. That is not bad.
To those in the majority side of the aisle who say that we should not
be doing that, I would say that does not surprise me because that
represents the economic philosophy of the majority party. To those on
the Democratic side of the aisle who might find it a little nerve-
racking to vote to scale back tax cuts even for those well-off folks,
my suggestion is if they cannot even stand up and do that, they might
as well go and cross the aisle.
Mr. THOMAS. Mr. Speaker, I submit the following correspondence for
the Record.
House of Representatives,
Committee on Ways and Means,
Washington, DC, September 29, 2005.
Hon. Jerry Lewis,
Chairman, Committee on Appropriations,
Washington, DC.
Dear Chairman Lewis: I am writing concerning H.J. Res. 68,
making continuing appropriations for the fiscal year 2006,
and for other purposes, which is currently scheduled for
floor consideration today.
As you know, the Committee on Ways and Means has
jurisdiction over matters concerning Medicare. There are two
sections within the introduced resolution that are within the
authorizing jurisdiction of the Committee on Ways and Means.
Section 118 of the resolution allows the Social Security
Administration to continue hearing Medicare appeals pending
the transfer of that authority to the Department of Health
and Human Services. Secondly, Section 121 extends for one
year the availability of an appropriation provided to the
Centers for Medicare and Medicaid Services and the Social
Security Administration under the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003.
However, in order to expedite this legislation for floor
consideration, the Committee will forgo action on this
resolution. This is being done because of the agreement
reached by our respective committees' staff. An e-mail on
this issue, sent by the committee, states, ``We are happy to
concede your jurisdiction in this matter, and included the
language solely because of OMB's [Office of Management and
Budget] request that we do so. We don't believe that it
prejudices any future action on your part.''
I will place a copy of this letter in the Congressional
Record during floor consideration.
Best regards,
Bill Thomas,
Chairman.
Mr. OLVER. Mr. Speaker, in the wake of Hurricanes Katrina and Rita,
our country has been made brutally aware that there in fact are two
Americas that exist in this country. Recently released census data
shows that in 2004, 37 million people were living in poverty. In
addition, this data shows that 1 in 6 children were living in poverty.
Yet despite the overwhelming evidence of growing poverty rates and
recent images of evacuees unable to leave New Orleans due to their
economic situation, this Congress is proposing drastic cuts to
Community Service Block Grants funding.
CSBG gives funding to a vast array of programs, including senior
citizen congregate meal sites, home delivered meals, transportation
programs, job training programs, Head Start, energy crisis assistance,
housing programs, education programs, and many other programs to
address the needs of low-income families and individuals.
The 50 percent cut to CSBG in the Continuing Resolution would have a
devastating effect on evacuees and on low-income individuals. At a time
when our country has been severely impacted by natural disasters, it is
extremely urgent that Congress maintain CSBG funding at its current
level so that the delivery of much needed services to low-income people
is not disrupted.
We have a responsibility to ensure that all Americans have an
opportunity to share in America's prosperity. It is irresponsible that
we approve a Continuing Resolution that cuts funding for CSBG by 50
percent below current funding levels when there is such an obvious need
for the services that this funding provides.
Mr. OBEY. Mr. Speaker, I yield back the balance of my time.
Mr. LEWIS of California. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore (Mr. Foley). All time for debate has expired.
The joint resolution is considered read for amendment and pursuant to
House Resolution 469, the previous question is ordered.
The question is on the engrossment and third reading of the joint
resolution.
The joint resolution was ordered to be engrossed and read a third
time, and was read the third time.
Motion To Recommit Offered By Mr. Obey
Mr. OBEY. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the joint
resolution?
Mr. OBEY. I most certainly am, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Motion To Recommit House Joint Resolution 68, Making Continuing
Appropriations for Fiscal Year 2006
Mr. Obey moves to recommit House Joint Resolution 68 to the
Committee on Appropriations with instructions to report the
same back to the House forthwith with the following
amendments:
On page 2, line 7, insert after ``fiscal year 2005,'', ``at
a rate for operations not exceeding the current rate''.
On page 2, line 8, strike ``would be'' and insert ``was
made''.
On page 2, line 12, strike ``2006'' and insert ``2005''.
On page 2, after line 12, insert ``(2) The Departments of
Commerce, Justice, and State, the Judiciary and Related
Agencies Appropriations Act, 2005''.
On page 2, line 13, strike ``(2)'' and insert ``(3)''.
On page 2, line 14, strike ``2006'' and insert ``2005''.
On page 2, after line 14, insert ``(4) The District of
Columbia Appropriations Act, 2005'', and renumber the
succeeding subsections of section 101 accordingly.
On page 2, line 16, strike ``2006'' and insert ``2005''.
On page 2, line 18, strike ``2006'' and all that follows
through page 2, line 21, and insert ``2005''.
On page 2, line 23, strike ``2006'' and insert ``2005''.
On page 3, line 3, strike ``2006'' and insert ``2005''.
On page 3, line 4, strike ``Quality'' and all that follows
through page 3, line 8, and insert ``Construction
Appropriations Act, 2005''.
Strike page 3, line 9 through page 3, line 13.
On page 3, line 14, strike ``Housing'' and all that follows
through ``Columbia'' on page 3, line 16.
On page 3, line 17, strike ``2006'' and all that follows
through page 3, line 22 and insert ``2005''.
On page 3, after line 22, insert ``( 11) The Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2005''.
On page 3, line 23, strike ``Whenever'' and all that
follows through page 6, line 6 and insert ''The
appropriations Acts listed in subsection (a) shall be deemed
to include supplemental appropriations laws enacted during
fiscal year 2005.''.
Strike page 9, line 9 and all that follows through page 9,
line 21.
At the end of the joint resolution add the following new
sections:
``Sec. . Amounts made available by this joint resolution
that are related to amounts designated as emergency
requirements in previous appropriations Acts, other than
amounts to which section 131 applies, are hereby designated
as emergency requirements pursuant to section 402 of H. Con.
Res. 95 (95th Congress), the concurrent resolution on the
budget for fiscal year 2006.
Sec. . During fiscal year 2006, notwithstanding the
proclamation by the President dated September 8, 2005 or any
other proclamation issued pursuant to section 3147 of Title
40, United States Code, the provisions of subchapter IV
(except section 3147) of chapter 31 of title 40, United
States Code (and the provisions of all other related acts to
the extent they depend upon a determination by the Secretary
of Labor under section 3142 of such title, whether or not the
President has the authority to suspend the operation of such
provisions), shall apply to all federally-funded contracts to
which such provisions would otherwise apply that are entered
into on or after the date of enactment of this Act, to be
performed in the jurisdictions affected by Hurricane Katrina
and Hurricane Rita.
Sec. . Section 1502 (f) and (g)(1) of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7982) shall be
applied by substituting the date specified in section 106(3)
of this joint resolution for ``September 30, 2005''
Sec. . Section 201(b) of H. Con. Res. 95 (relating to
revenue reconciliation in the House of Representatives) shall
be applied as if ``(1)'' was inserted after ``(b)'' and the
following new paragraph was added at the end:
(2) Reduction in tax cuts for taxpayers with incomes in the
top 1 percent of the population.--The Committee on Ways and
Means shall also include in the reconciliation bill reported
pursuant to paragraph (1) changes in tax laws to increase
revenues by reducing or offsetting the tax reductions
received during 2006 by the top 1 percent of taxpayers as a
result of the Economic Growth and Tax Relief Reconciliation
Act of 2001 and the Jobs and Growth and Tax Relief
Reconciliation Act of 2003 such that the average tax cut
received by that class of taxpayers equals the average tax
cut resulting from those Acts for the top 5 percent of
taxpayers.''
[[Page H8535]]
Mr. OBEY (during the reading). Mr. Speaker, I ask unanimous consent
that the motion be considered as read and printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. LEWIS of California. Mr. Speaker, I reserve a point of order on
the gentleman's motion.
The SPEAKER pro tempore. A point of order is reserved.
The gentleman from Wisconsin is recognized for 5 minutes in support
of his motion.
Mr. OBEY. Mr. Speaker, very briefly, section 1 of the motion to
recommit would simply provide that we fund the programs covered under
the continuing resolution at the current rate rather than at the lower
of either the current rate of the House-passed or the Senate-passed
bill. I have already explained the impact of that on program. Section 2
would simply repeal the President's edict that workers in the Katrina-
affected region would not be subject to the protections of Davis-Bacon
wage protections. Section 3 would simply guarantee that the MILC
program remains in force for the same length of time as other titles of
the farm bill. And section 4 would require a reduction in the size of
the tax cuts for taxpayers with incomes of over $400,000, as I just
described in my previous remarks.
Point Of Order
Mr. LEWIS of California. Mr. Speaker, I make a point of order under
clause 7 of rule XVI. The instructions proposed in the motion to
recommit range far beyond the subject matter of the joint resolution.
The SPEAKER pro tempore. Does the gentleman from Wisconsin wish to be
heard on the point of order?
Mr. OBEY. Yes, I do, Mr. Speaker.
The SPEAKER pro tempore. The gentleman is recognized.
Mr. OBEY. Mr. Speaker, if the rules required equity in legislation we
brought to the floor, this amendment would be in order. Unfortunately,
they do not; so I must reluctantly concede the point of order.
The SPEAKER pro tempore. The point of order is conceded and
sustained. The motion is not in order.
The question is on the passage of the joint resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. OBEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________