[Congressional Record Volume 151, Number 147 (Tuesday, November 8, 2005)]
[House]
[Pages H9988-H9990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MOTION TO GO TO CONFERENCE ON H.R. 3010, DEPARTMENTS OF LABOR, HEALTH
AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2006
Mr. REGULA. Mr. Speaker, pursuant to clause 1 of rule XXII and by
direction of the Committee on Appropriations, I move to take from the
Speaker's table the bill (H.R. 3010) making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2006, and for
other purposes, with the Senate amendment thereto, disagree to the
Senate amendment, and agree to the conference asked by the Senate.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Ohio (Mr. Regula).
The motion was agreed to.
Motion to Instruct Offered by Mr. Obey
Mr. OBEY. Mr. Speaker, I offer a motion to instruct conferees.
The Clerk read as follows:
Mr. Obey moves that the managers on the part of the House
at the conference on the disagreeing votes of the two Houses
on the bill, H.R. 3010, be instructed to insist that the
conference agreement include:
(a) Not less than $8.095 billion to adequately prepare the
nation for a flu pandemic;
(b) $5.1 billion for the Low Income Home Energy Assistance
Program, an increase of $3.1 billion over the House bill, to
help the elderly and the poor cope with rising energy prices;
(c) An additional $1.583 billion over the House bill to
promote life through doing real things to reduce the pressure
for abortions by making it economically easier for low-income
and vulnerable women to choose to carry pregnancies to term,
including increases above the House bill of $175 million for
the Maternal and Child Health Block Grant, $98 million for
Healthy Start, $200 million for childcare, $500 million for
after-school centers, $155 million for Head Start, $330
million for the Community Services Block Grant, and $125
million for Domestic Violence Prevention;
(d) An additional $476 million over the House bill to help
maintain the basic health care safety net, including
providing the full increase requested by the President for
Community Health Centers, and keeping funding at no less than
last year's level for the Healthy Communities Access Program
and key health professions programs;
(e) An additional $5.5 billion over the House bill to
provide meaningful educational opportunities for America's
children, including a $3 billion increase over the House bill
for Title 1 grants to make progress on No Child Left Behind
funding promises so that low-income children can learn, a
$1.6 billion increase over the House bill to meet our
commitments to children with disabilities, a $100 million
increase over the House bill to alleviate the impact of
military dependents on local schools; and an $840 million
increase over the House bill to boost the maximum Pell Grant
by $200 in order to partially offset a 34% increase in
college costs since 2001;
(f) An additional $439 million over the House bill to
protect American workers, wages and jobs by investing in job
training and worker protection programs at home and abroad,
including restoring an 87% cut in funding for the
International Labor Affairs Bureau at the Department of
Labor; and
(g) Offsetting the cost of the above, and producing
additional deficit reduction, through reductions in tax cuts
for households with incomes above $1,000,000.
Mr. OBEY (during the reading). Mr. Speaker, I ask unanimous consent
that the motion to instruct 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. REGULA. Mr. Speaker, I reserve a point of order on the
gentleman's motion.
The SPEAKER pro tempore. The point of order is reserved.
Pursuant to clause 7 of rule XXII, the gentleman from Wisconsin (Mr.
Obey) and the gentleman from Ohio (Mr. Regula) each will control 30
minutes.
The Chair recognizes the gentleman from Wisconsin (Mr. Obey).
Mr. OBEY. Mr. Speaker, I will not take more than 3. I simply would
like
[[Page H9989]]
to, as a courtesy to the House, explain the motion.
For the last 2 weeks, the attention of the House has been focused on
the efforts of the majority party to pass its reconciliation bill,
which includes significant cuts in food stamps, in child support
enforcement, in disability payments in order to pay for the tax cuts
which this Congress has already largely passed. The problem that we
have with that is that this bill, in effect, hits those same poor
people a second time with cuts in education, health, worker protection
programs that are in the bill.
The Senate appeared to give the persons interested in this bill some
hope that those cuts could be avoided by adding a $3 billion financing
gimmick to their proposal. But it is clear now that that provision is
being discarded, and that means that the new caps that the
Appropriations Committee adopted last week will eliminate the ability
of the Senate to provide that extra $3 billion. That means that the
only way that we can avoid that hit is to reduce the size of the tax
cuts being provided to make room in the budget for some of these
crucial items.
So this motion simply attempts to instruct the conferees to accept
the Harkin amendment which would add $8 billion in order to pay fully
for the flu pandemic work that needs to be done. It would instruct the
conferees to add $3 billion to the low-income heating assistance
program to take into account the huge increase in home energy prices
that consumers will face this year, especially low-income consumers.
It would provide an additional $1.5 billion in programs that are
meant to discourage abortion, programs such as a maternal and child
health block grant, Head Start, domestic violence and numerous others,
one-half billion dollars to restore health professions training, and $3
billion to put title I on a 5-year track to full funding under No Child
Left Behind; $1.6 billion in additional funding for disabled and
handicapped children trying to put that program on the same 5-year
glide path; and one-half billion dollars in restoration for worker
training and job training programs.
It would ask the conferees to support a provision which would reduce
the size of the tax cuts for millionaires from an average of $140,000
to $36,000. That is still a pretty hefty cut.
Mr. Speaker, in essence, that is what the motion to instruct would
provide. We are offering it because this is the last chance that this
body has to reach a different set of judgments concerning budget
priorities that affect the poorest and most defenseless people in this
society.
Point of Order
The SPEAKER pro tempore. Does the gentleman from Ohio continue to
reserve his point of order?
Mr. REGULA. Mr. Speaker, I make a point of order against the motion
because it violates clause 9 of rule XXII by proposing to direct the
conferees to exceed the scope of matters committed to the conference.
And I ask for a ruling from the Chair.
The SPEAKER pro tempore. Does any Member wish to speak on the point
of order?
{time} 1230
Mr. OBEY. Mr. Speaker, if one looks at the Budget Act, the purpose of
the Budget Act was to force a Congress to get away from runaway
spending and runaway deficits by forcing the Congress to confront
trade-offs between spending and revenues. In fact, the Congress is
being prevented from doing that and the Congress is being shielded from
facing those explicit trade-offs unless amendments such as this are
offered and debated fully in the House.
We recognize that funding for these programs under the budget
resolution is being cut back in order to make room in that same budget
resolution for the tax cuts that have been provided and to make room
for further tax cuts which the majority party is talking about offering
this week. If we cannot offer this kind of an amendment, then it would
seem to me that the entire budget process has been intellectually
corrupted and turned into a mere enforcement mechanism for majority
party will rather than being used as a device to work out an explicit
and forthright set of trade-offs.
I would urge the Chair to reject the point of order.
The SPEAKER pro tempore (Mr. Simmons). The Chair is prepared to rule
on the point of order.
The Chair finds that the proposed instructions dwell their operative
focus on matters not within the scope of the differences committed to
conference by the two Houses.
On these premises, the Chair holds that the instructions do exceed
the scope of conference.
The point of order is sustained.
Mr. OBEY. Mr. Speaker, most reluctantly, I do appeal the ruling of
the Chair, not because I have any fault with the Chair, but because
this is the only opportunity this institution will have to make a
different set of priority choices.
The SPEAKER pro tempore. The question is, shall the decision of the
Chair stand as the judgment of the House.
Motion to Table Offered By Mr. Regula
Mr. REGULA. Mr. Speaker, I move to lay the appeal on the table.
The SPEAKER pro tempore. The question is on the motion to table.
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, this 15-
minute vote on the motion to table will be followed by 5-minute votes
on motions to suspend the rules on H. Res. 38, H. Res. 302, and H.R.
3770.
The vote was taken by electronic device, and there were--yeas 218,
nays 173, not voting 42, as follows:
[Roll No. 573]
YEAS--218
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Cunningham
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Hall
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Nunes
Nussle
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schmidt
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
NAYS--173
Abercrombie
Allen
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boucher
Boyd
Brown (OH)
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Chandler
Clay
Cleaver
Clyburn
Cooper
Costa
Costello
Cramer
Cuellar
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Doggett
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
[[Page H9990]]
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Herseth
Higgins
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Melancon
Menendez
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pastor
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stark
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Udall (CO)
Udall (NM)
Van Hollen
Visclosky
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOT VOTING--42
Ackerman
Andrews
Berman
Boswell
Brady (PA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Conyers
Crowley
Cummings
Davis (TN)
Dingell
Doyle
Gutknecht
Harris
Hastings (FL)
Hinchey
Jones (NC)
Jones (OH)
Kilpatrick (MI)
Lee
Marchant
Meeks (NY)
Millender-McDonald
Moran (VA)
Norwood
Owens
Pallone
Pascrell
Payne
Poe
Serrano
Sherman
Solis
Souder
Towns
Velazquez
Waters
Westmoreland
Whitfield
Young (FL)
{time} 1259
Messrs. Higgins, Melancon, Larson of Connecticut, Honda, Doggett,
Kennedy of Rhode Island and Ms. McKinney changed their vote from
``yea'' to ``nay.''
Messrs. Hoekstra, Peterson of Pennsylvania, Smith of Texas and Otter
changed their vote from ``nay'' to ``yea.''
So the motion to table was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. POE. Mr. Speaker, on rollcall No. 573, I was unavoidably
detained. Had I been present, I would have voted ``yea.''
Stated against:
Mr. MORAN of Virginia. Mr. Speaker, on rollcall No. 573, I was caught
in traffic, returning from the Virginia polls. Had I been present, I
would have voted ``no.''
Ms. SOLIS. Mr. Speaker, on rollcall No. 573 on H.R. 3010, I was
unavoidably detained. Had I been present, I would have voted ``no.''
____________________