[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.

                          ____________________