[Congressional Record Volume 151, Number 156 (Wednesday, December 7, 2005)]
[House]
[Pages H11179-H11181]
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 further conference asked by the 
Senate.
  The Clerk read the title of the bill.
  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 $4.183 billion for the Low-
     Income Home Energy Assistance Program (LIHEAP), an increase 
     of $2.176 billion over the House bill and $2 billion over the 
     Senate bill, to help the elderly and the poor cope with 
     rising energy prices, and that the additional cost be offset 
     through reductions in tax cuts for households with incomes 
     above $1,000,000. The additional amounts above the House-
     passed level should be appropriated to the LIHEAP contingency 
     fund, and in allocating the funds among States the Secretary 
     should be directed to give due regard to estimated increases 
     in the heating and cooling costs for low-income households 
     during fiscal year 2006 as compared to the previous year.


                             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 conference.
  I ask for a ruling from the Chair.
  The SPEAKER pro tempore (Mr. Bass). Does any Member wish to be heard 
on the point of order?
  Mr. OBEY. Yes, I do, Mr. Speaker.
  Mr. Speaker, 2 weeks ago the Labor, Health appropriation bill was 
defeated on this floor largely because it contained inadequate 
investments in education and health. Today, the bill is back, and what 
this motion would do is to say to the majority that if they do not want 
to recognize the need for additional education and health funding, that 
they at least recognize that an emergency situation exists with respect 
to the rapidly rising home heating costs with natural gas, for 
instance, expected to be 50 percent higher than it was last year and 
with only 15 percent of persons in the country who are eligible getting 
help from LIHEAP as it is.
  I would simply ask the majority to withdraw the point of order in 
order to allow us to simply proceed to at least debate and vote on the 
question of rearranging priorities so that we can add $2 billion to the 
Low Income Heating Assistance Program and fully pay for that by cutting 
back the scheduled tax cut for persons who make over $1 million to 
$131,000. I think that is quite ample for them. I would urge the 
gentleman from Ohio to withdraw his point of order.
  The SPEAKER pro tempore. The Chair is prepared to rule on the point 
of order.

[[Page H11180]]

  The Chair finds that the proposed instructions dwell their operative 
focus on matters not within the scope of differences committed to the 
conference by the two Houses.
  On these premises, the Chair holds that the motion is not in order.
  The point of order is sustained.


                 Motion to Instruct Offered by Mr. Obey

  Mr. OBEY. Mr. Speaker, I offer a second 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 $4.183 billion for the Low-
     Income Home Energy Assistance Program (LIHEAP), including $2 
     billion in emergency funding, thereby bringing the total for 
     LIHEAP to $2.176 billion over the House bill and $2 billion 
     over the Senate bill, to help the elderly and the poor cope 
     with rising energy prices. The emergency funds should be 
     appropriated to the LIHEAP contingency fund, and in 
     allocating the funds among States the Secretary should be 
     directed to give due regard to the estimated increases in the 
     heating and cooling costs for low-income households during 
     fiscal year 2006 as compared to the previous year.


                             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 conference.
  I ask for a ruling from the Chair.
  The SPEAKER pro tempore. Does any Member wish to be heard on the 
point of order?
  Mr. OBEY. Yes, I do, Mr. Speaker.
  Mr. Speaker, the last motion sought to increase funding for the Low 
Income Heating Assistance Program by $2 billion and fully pay for that 
with an offset on the revenue side of the ledger. The gentleman from 
Ohio did raise a point of order against that. We would have preferred 
to fully fund the amendment, but given the fact that the majority has 
chosen to exercise its rights under the rules of the House to raise a 
point of order, this is the only remaining avenue that we have to try 
to increase funding for Low Income Heating Assistance, recognizing that 
there is indeed an emergency; and we would simply ask that the amount 
of money for Low Income Heating Assistance be increased by $2 billion 
and recognized as emergency funding under the Budget Act so that we can 
proceed to deal with the very real problem that persons in this country 
will have heating their homes with higher energy prices. If we are not 
allowed to do that, then there is no way that we are going to be able 
to provide substantial help to them.
  The SPEAKER pro tempore. The Chair is prepared to rule on the point 
of order.
  As in the previous motion, the proposed instructions exceed the scope 
of conference.
  The point of order is sustained.
  Mr. OBEY. Mr. Speaker, because we have no other way to bring this to 
the House, I most reluctantly appeal the ruling of the Chair.
  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 tabling the appeal of the Chair will be followed by 5-
minute votes on passage of H.R. 4340; and motions to suspend the rules 
and pass H.R. 4388 and H.R. 4440.
  The vote was taken by electronic device, and there were--yeas 226, 
nays 196, not voting 10, as follows:

                             [Roll No. 615]

                               YEAS--226

     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)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     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)
     Gutknecht
     Hall
     Harris
     Hart
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     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
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     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
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--196

     Abercrombie
     Ackerman
     Allen
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     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)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Woolsey
     Wu
     Wynn

                             NOT VOTING--10

     Andrews
     Brown-Waite, Ginny
     Clay
     Davis (FL)
     Hastings (WA)
     Nadler
     Napolitano
     Pelosi
     Pence
     Wexler

                              {time}  1709

  Ms. HARMAN, Mrs. MALONEY and Messrs. ETHERIDGE, EMANUEL, BLUMENAUER, 
DINGELL, LARSON of Connecticut and LANGEVIN changed their vote from 
``yea'' to ``nay.''

[[Page H11181]]

  Ms. HART, Ms. HARRIS and Mr. HEFLEY 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 against:
  Mrs. NAPOLITANO. Mr. Speaker, on rollcall No. 615, had I been 
present, I would have voted ``nay.''

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