[Congressional Record Volume 151, Number 144 (Thursday, November 3, 2005)]
[Daily Digest]
[Pages D1142-D1144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 13 public bills, H.R. 4217-
4229; 1 private bill, H.R. 4230; and 2 resolutions, H. Res. 531, 533, 
were introduced.
  Pages H9640-41
Additional Cosponsors:
  Pages H9641-42
Reports Filed: Reports were filed today as follows:

[[Page D1143]]


  Supplemental report on H.R. 4128, to protect private property rights 
(H. Rept. 109-262, Pt. 2);
  H.R. 3508, to authorize improvements in the operation of the 
government of the District of Columbia, with an amendment (H. Rept. 
109-267);
  H.R. 923, to amend title 39, United States Code, to provide for free 
mailing privileges for personal correspondence and parcels sent by 
family members from within the United States to members of the Armed 
Forces serving on active duty in Iraq or Afghanistan, with amendments 
(Rept. 109-268);
  H. Res. 488, requesting that the President transmit to the House of 
Representatives information in his possession relating to contracts for 
services or construction related to Hurricane Katrina recovery (Rept. 
109-269); and H. Res. 532, waiving points of order against the 
conference report to accompany the bill (H.R. 3057) making 
appropriations for foreign operations, export financing, and related 
programs for the fiscal year ending September 30, 2006 (Rept. 109-270).
                                                             Page H9640
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Miller of Michigan to act as Speaker pro tempore for 
today.
  Page H9557
Chaplain: The prayer was offered today by Rev. Ronnie Mitchell, Sr., 
Pastor, Bethel African Methodist Episcopal Church, Spokane, Washington.
                                                             Page H9557
Military Construction and Veterans Affairs, and Related Agencies 
Appropriations Act, 2006--Motion to go to Conference: The House 
disagreed to the Senate amendment and agreed to a conference on H.R. 
2528, to make appropriations for Military Construction and Veterans 
Affairs, and Related Agencies for the fiscal year ending September 30, 
2006.
  Page H9562
  The House agreed to the Obey motion to instruct conferees by voice 
vote after agreeing to order the previous question.
Pages H9562-66
Representative Pelosi Question of Privilege: The Chair ruled that the 
resolution offered by Representative Pelosi did not constitute a 
question of the privileges of the House. Agreed to table the motion to 
appeal the ruling of the Chair by a yea-and-nay vote of 220 yeas to 191 
nays, Roll No. 562.
  Pages H9566-68
Appointed as Conferees on H.R. 2528: Representatives Messrs. Walsh, 
Aderholt, Mrs. Northup, Messrs. Simpson, Crenshaw, Young of Florida, 
Kirk, Rehberg, Carter, Lewis of California, Edwards, Farr, Boyd, Bishop 
of Georgia, Price of North Carolina, Cramer, and Obey.
  Page H9568
Coast Guard and Maritime Transportation Act of 2005--Motion to go to 
Conference: The House disagreed to the Senate amendment and agreed to a 
conference on H.R. 889, to authorize appropriations for the Coast Guard 
for fiscal year 2006, to make technical corrections to various laws 
administered by the Coast Guard.
  Pages H9568-69
  The House agreed to the Oberstar motion to instruct conferees by 
voice vote after agreeing to order the previous question. 
                                                         Pages H9568-69
  Later, the Chair appointed the following Members of the House to the 
conference committee on the bill: from the Committee on Transportation 
and Infrastructure, for consideration of the House bill and the Senate 
amendment, and modifications committed to conference: Messrs.Young of 
Alaska, LoBiondo, Coble, Hoekstra, Simmons, Mario Diaz-Balart of 
Florida, Boustany, Oberstar, Filner, Taylor of Mississippi, Higgins and 
Ms. Schwartz of Pennsylvania.
Page H9605
  From the Committee on Energy and Commerce, for consideration of sec. 
408 of the House bill, and modifications committed to conference: 
Messrs. Barton of Texas, Gillmor, and Dingell.
Page H9605
  From the Committee on Homeland Security, for consideration of secs. 
101, 404, 413, and 424 of the House bill, and secs. 202, 207, 215, and 
302 of the Senate amendment, and modifications committed to conference: 
Messrs. Daniel E. Lungren of California, Reichert, and Thompson of 
Mississippi.
Page H9605
  From the Committee on Resources, for consideration of secs. 426, 427, 
and title V of the House bill, and modifications committed to 
conference: Messrs. Pombo, Jones of North Carolina, and Pallone. 
                                                             Page H9605
Recess: The House recessed at 12:14 p.m. and reconvened at 2 p.m. 
                                                             Page H9569
Private Property Rights Protection Act of 2005: The House passed H.R. 
4128, to protect private property rights, by a yea-and-nay vote of 376 
yeas to 38 nays, Roll No. 568.
  Pages H9569-H9605
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on the Judiciary now printed in the bill 
shall be considered as an original bill for the purpose of amendment 
and shall be considered as read.
Pages H9589-90
Agreed to:
  Sensenbrenner Manager's amendment (No. 1 printed in H. Rept. 109-266) 
that makes clear that private roads that are open to the public, free 
or by toll, and flood control facilities, are covered under the 
exceptions to the bill. Also includes a savings clause making clear 
that nothing in the legislation shall be construed to affect the 
Uniform Relocation Assistance and Real Property Acquisition Policies 
Act of 1970 (which requires the Federal government

[[Page D1144]]

to pay the displacement costs of those adversely affected by the 
Federal government's exercise of eminent domain). Also incorporates 
into the bill's Sense of Congress section some language provided by the 
Resources Committee regarding the effect of the abuse of eminent domain 
on irrigation and reclamation projects, and on public lands; 
                                                         Pages H9590-91
  Sodrel amendment (No. 4 printed in H. Rept. 109-266) which clarifies 
that in any proceeding to prevent or remedy a taking, that the burden 
is on the state or agency to show that it is not for economic 
development as defined in the Act. Also requires a heightened standard 
of proof--clear and convincing--that the use fits one of the exceptions 
to economic development as defined in the Act;
Page H9592
  Miller of California amendment (No. 7 printed in H. Rept. 109-266) 
which adds language to specify that the term economic development in 
the bill does not include the redevelopment of brownfield sites. Uses 
the definition of brownfield site included in the Small Business 
Liability Relief and Brownfield Revitalization Act;
Pages H9595-97
  Gingrey amendment (No. 8 printed in H. Rept. 109-266) which adds a 
new section to prohibit a State or political subdivision of a State 
from the exercise of eminent domain over the property of a religious or 
other nonprofit organization by reason of the nonprofit or tax-exempt 
status of such organization if that State or political subdivision 
received Federal economic development funds during any fiscal year in 
which it does so. This amendment also places the same prohibition on 
the Federal government. A violation of this provision will render the 
State or political subdivision ineligible to receive Federal economic 
development funds for a period of 2 fiscal years;
Pages H9597-98
  Cuellar amendment (No. 9 printed in H. Rept. 109-266) which ensures 
that all Federal agencies review their regulations and procedures for 
compliance with this Act. It requires a report to the Attorney General; 
and
Pages H9598-99
  Jackson-Lee of Texas amendment (No. 10 printed in H. Rept. 109-266) 
that expresses the legislative intent to protect from the taking by the 
Federal government for economic development or for private use of the 
property owned, either by assignment, intestate succession, or by 
record, by survivors of Hurricane Katrina.
Pages H9599-H9600
Rejected:
  Nadler amendment (No. 2 printed in H. Rept. 109-266) that sought to 
allow a property owner to go to court before the property is taken in 
order to obtain declaratory or injunctive relief if the taking violates 
the Act. The bill currently only allows a property owner to obtain a 
preliminary injunction or temporary restraining order, and does not 
allow the property owner to bring an action until after the conclusion 
of the condemnation proceedings. The amendment would also strike the 
penalties portion of the bill, (by a recorded vote of 63 ayes to 355 
noes, Roll No. 564);
Pages H9591-92, H9601-02
  Moran of Virginia amendment (No. 5 printed in H. Rept. 109-266) which 
sought to clarify the property conveyance for the definition of 
``economic development,'' specifies that increasing tax revenue must be 
the ``primary purpose'' of the taking authority, and sets a hard date 
of seven years that property holders can bring action against the 
taking authority. Also makes a number of technical corrections, (by a 
recorded vote of 49 ayes to 368 noes, Roll No. 565); 
                                                  Pages H9592-94, H9602
  Turner amendment (No. 6 printed in H. Rept. 109-266) that sought to 
enumerate several harmful uses of land which constitute a threat to 
public health and safety (i.e. dilapidation, obsolescence, 
overcrowding, lack of ventilation, light, and sanitary facilities, 
excessive land coverage, deleterious land use, obsolete subdivisions or 
constitutes a brownfield), (by a recorded vote of 56 ayes to 357 noes, 
Roll No. 566); and
Pages H9594-95, H9602-03
  Watt amendment (No. 11 printed in H. Rept. 109-266) that sought to 
delete all sections of the bill and retains only the sense of Congress 
recognizing the importance of property rights and that in the aftermath 
of the Kelo decision that abuses of eminent domain power may occur, (by 
a recorded vote of 44 ayes to 371 noes, Roll No. 567). 
                                               Pages H9600-01, H9603-04
  The amendment in the nature of a substitute, as amended, was adopted.
                                                             Page H9604
  H. Res. 527, the rule providing for consideration of the bill was 
agreed to by a yea-and-nay vote of 401 yeas to 11 nays, Roll No. 563, 
after agreeing to order the previous question without objection. 
                                                  Pages H9560-62, H9568
Senate Message: Message received from the Senate today appears on page 
H9569.
Quorum Calls--Votes: Three yea-and-nay votes and 4 recorded votes 
developed during the proceedings of today and appear on pages H9567, 
H9568, H9601-02, H9602, H9602-03, H9603-04, and H9604. There were no 
quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 11:19 p.m.