[Congressional Record Volume 152, Number 33 (Wednesday, March 15, 2006)]
[House]
[Pages H1026-H1047]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR
ON TERROR, AND HURRICANE RECOVERY, 2006
The SPEAKER pro tempore. Pursuant to House Resolution 725 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 4939.
{time} 2023
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 4939) making emergency supplemental appropriations for
the fiscal year ending September 30, 2006, and for other purposes, with
Mr. Gingrey (Acting Chairman) in the chair.
The Clerk read the title of the bill.
The Acting CHAIRMAN. When the Committee of the Whole rose earlier
today, the amendment offered by the gentleman from New Jersey (Mr.
Garrett) had been disposed of and the bill had been read through page
36, line 13.
Pursuant to the order of the House of today, no further amendment to
the bill may be offered except:
Pro forma amendments offered at any point in the reading by the
chairman or ranking minority member of the Committee on Appropriations
or his designees for the purpose of debate;
An amendment by Ms. Millender-McDonald, regarding funding for
election activities under FEMA;
An amendment by Mr. Hinchey, regarding limitations on foreign media;
An amendment by Mr. Hinchey, regarding funding for contracts using
other than competitive procedures;
An amendment by Mr. Melancon, regarding funding for flood control
programs;
An amendment by Mr. Melancon, regarding agriculture disaster relief
for Louisiana;
An amendment by Mr. Jefferson, regarding funding for HUD and FEMA
disaster relief;
An amendment by Mr. Jefferson, regarding increased funding for HUD;
An amendment by Ms. Jackson-Lee of Texas, regarding increased funding
for rental housing under HUD;
An amendment by Ms. Jackson-Lee of Texas to strike certain
Secretarial authorities to waive low- and moderate-income requirements;
An amendment by Ms. Jackson-Lee of Texas, regarding limiting certain
funds on gulf coast elections;
An amendment by Ms. Jackson-Lee of Texas, regarding approval of
disaster loans;
An amendment by Mr. Paul, regarding funding for the State of Texas;
An amendment by Mr. Tierney, regarding establishment of a House
Select Committee;
An amendment by Mr. Conaway, to strike section 3010;
An amendment by Mr. Conaway, regarding LIHEAP funding and ANWR and
OCS drilling;
An amendment by Mr. Kennedy of Minnesota, regarding demonstrations
within cemeteries;
An amendment by Mr. Nadler, regarding ocean shipping containers;
An amendment by Ms. Velazquez, regarding deadlines for SBA loans;
An amendment by Ms. Velazquez, regarding SBA loan rates;
An amendment by Mr. Hall, regarding child care subsidies;
An amendment by Ms. DeLauro, to repeal avian flu liability
provisions;
An amendment by Mr. Berry of Arkansas, regarding the enrollment
period for Medicare benefits;
An amendment by Ms. Kaptur, regarding establishment of a House Select
Committee;
An amendment by Ms. Lee, regarding FEMA termination of housing
activities;
An amendment by Mr. DeFazio, regarding limitations on funds with an
exception for constitutional activities;
An amendment by Mr. Reyes, regarding funding for pandemic flu;
An amendment by Mr. Reyes, regarding the Veterans Administration;
An amendment by Mr. Gingrey, to strike funding for the Historic
Preservation Fund;
An amendment by Mr. Westmoreland, to strike section 3006;
An amendment by Ms. Foxx, to strike funding for the Broadcasting
Board of Governors;
An amendment by Mr. Flake, to strike section 3007;
An amendment by Mr. Inslee, regarding FISA;
An amendment by Mr. Brady of Texas, to strike certain language
regarding HUD funding distribution;
An amendment by Mr. Brady of Texas, regarding HUD funding
distribution among the States;
An amendment by Mr. Brady of Texas, regarding additional funding for
Texas;
An amendment by Mr. Brady of Texas, regarding additional funding for
Texas offset by State Department and FEMA disaster relief funds;
An amendment by Mr. Brady of Texas, regarding redirection of HUD
funding for educational costs in Texas;
An amendment by Mr. Garrett of New Jersey, regarding educational and
cultural exchange programs;
An amendment by Mr. Waxman, regarding DOD contracts, which shall be
debatable for 20 minutes;
An amendment by Mr. Neugebauer, eliminating funding in title II,
which shall be debatable for 30 minutes;
An amendment by Mr. Obey, regarding availability of certain LIHEAP
funds, which shall be debatable for 30 minutes;
An amendment by Mr. Sabo, regarding funding for Homeland Security,
which shall be debatable for 20 minutes (and which shall be in order at
any point in the reading);
An amendment by Ms. Lee, regarding Iraq, which shall be debatable for
30 minutes;
[[Page H1027]]
An amendment by Mr. Jindal, regarding funding for VA offset for FEMA
disaster relief;
An amendment by Mr. Jindal, regarding defense programs offset from
FEMA disaster relief;
An amendment by Mr. Jindal, regarding funding for military
construction offset by FEMA disaster relief;
An amendment by Mr. Taylor of Mississippi, regarding military
construction.
Each amendment may be offered only by the Member named in this
request or a designee or by the Member who caused it to be printed in
the Record or a designee, shall be considered read, shall not be
subject to amendment except that the chairman and ranking minority
member of the Committee on Appropriations each may offer one pro forma
amendment for the purpose of debate; and shall not be subject to a
demand for division of the question.
Except as otherwise specified, each amendment shall be debatable for
10 minutes, equally divided and controlled by the proponent and an
opponent.
{time} 2030
The Acting CHAIRMAN (Mr. Gingrey). The Clerk will read.
The Clerk read as follows:
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ``Educational and Cultural
Exchange Programs'', $5,000,000, to remain available until
expended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Amendment Offered by Mr. Garrett of New Jersey
Mr. GARRETT of New Jersey. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Garrett of New Jersey:
Page 36, strike line 14 and all that follows through line
21.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from New Jersey (Mr. Garrett) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. GARRETT of New Jersey. Mr. Chairman, I come once again to the
floor to raise the issue that I have raised earlier this evening, and
that is in this time of spiraling deficits and excess spending by the
Federal Government, is now the time to be spending money on an
emergency supplemental where the nature of the emergency comes into
question? In this case, as I classified in my terminology before, I
called it foreign aid, I don't know whether anyone can really say that
this is not.
The funding here is $5 million for academic, professional and
cultural exchange focused on Iran. As I pointed out before, and it was
agreed, Iran is no ally of the United States Government. As we agree,
Iran is a part of the Axis of Evil. They are supporting Hamas. They do
wish to eliminate and see Israel wiped off the map of the world. They
do wish to see the United States wiped off the map of the world. They
are continuing with their nuclear program. In this, we are all in
agreement. Iran is a threat.
This is not something new. This is not something that just came about
in the last few days, weeks, months or what have you. We have known
that Iran is a threat to the world community for some time, at least
this House did. We have had many debates and discussions on this in the
past on this floor as to the threat that Iran poses to this Nation, to
its area community and the world in general.
The question then becomes, is this new news to the State Department?
Apparently it is, because were it not new news to the State Department,
they would have gone through regular order and they would have sought
this $5 million or the $10 or $15 million for the other appropriations
that we previously spoke about.
They would have gone through regular order, and they would have asked
for and put this through the budget process in the current budget cycle
year, or they would have included it in the budget proposal that we are
currently considering as we go forward for the next fiscal year. They
did not. Instead, they come to us now at the last minute and ask for an
emergency supplemental appropriation.
I would ask that the State Department pay more attention to these
matters. If they were not aware that Iran was such a threat and that
these programs are needed, and I am not about to debate right here that
they are not needed, but if they were needed, they should have gone
through regular order, they should have come through the process
earlier.
In addition, all other areas of spending in this House, when it goes
through regular order, has to compete against other necessary
expenditures. Some foreign threats that we have, Afghanistan, and Iraq
and elsewhere, have to be weighed against other competing interests.
Likewise, they must be weighed against domestic interests as well. As
in this bill, there is money here for Katrina. They have to assist
those people down there. They have an interest as well. Other domestic
programs also have to be weighed against other competing domestic
interests.
I would simply suggest to this body that while Iran is a threat, it
is not a new threat. It is a threat that we have known has been out
there for some period of time.
The appropriate manner would have been for this to have gone, as with
the other legislation amendments that I discussed previously, through
regular order, so that we would have had a complete and full debate on
it.
Again, I agree with what the committee said on those other matters,
that the committee, as I quote from their report, ``is disappointed in
the Department of State's failure to provided adequate and timely
justification of the emergency nature of these funds.'' I concur with
the committee. The State Department has not provided that
justification.
I urge my colleagues to support this amendment to delete this
additional $5 million.
Mr. Chairman, I yield back the balance of my time.
Mr. WOLF. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIRMAN (Mr. Conaway). The gentleman from Virginia is
recognized for 5 minutes.
Mr. WOLF. Mr. Chairman, I said it before, but I will say it again: it
is an emergency. My goodness, this country is putting together a
nuclear weapon. The Bush administration, if you read the paper the last
several days, has been meeting every day with experts around the world
on the issue of Iran. To cut this money back pulls the rug out from the
administration. Iran is a threat.
Iran is developing a nuclear bomb. Iran is the one that funded
Hezbollah. Iran blew up the American embassy once. They blew up the
American Embassy in Beirut a second time. Iran blew up the Marine Corps
barracks killing 241 Marines. It is an emergency.
My God, the Iranians will be laughing at us if we were to reduce this
amount of money. This is an emergency. So I just urge a ``no'' vote on
the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. OBEY. Mr. Chairman, I rise to simply agree with every word the
gentleman from Virginia just spoke. I cannot think of a more mindless,
shortsighted or ridiculous amendment to be offered that affects a
serious problem than this amendment. It is absolutely backwards. It is
ludicrous. It is absolutely against the interest of the United States.
What we are in effect saying is we have such great relations with
this country that we don't want to do whatever we can to improve them
by going directly to people through exchange programs. I find that to
be ridiculous.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Garrett).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. GARRETT of New Jersey. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New Jersey
will be postponed.
The Acting CHAIRMAN. The Clerk will read.
[[Page H1028]]
The Clerk read as follows:
International Organizations
CONTRIBUTIONS TO INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $129,800,000, to
remain available until September 30, 2007: Provided, That the
amount provided under this heading is designated as an
emergency requirement pursuant section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for
fiscal year 2006.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ``International Broadcasting
Operations'', $7,600,000, to remain available until expended:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant section 402
of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Amendment Offered by Ms. Foxx
Ms. FOXX. Mr. Chairman, I offer two amendments, and ask unanimous
consent that they be considered en bloc.
The Acting CHAIRMAN. The gentlewoman may only offer one amendment.
Mr. LEWIS of California. Mr. Chairman, I reserve a point of order
against the gentlewoman's amendment.
The Acting CHAIRMAN. The gentlewoman is only allowed one amendment.
Does she intend to offer the amendment starting with page 37, striking
line 6 through page 38, line 4?
Ms. FOXX. Mr. Chairman, the two amendments I had, one would strike
line 6 through 14 and the other lines 15 through 21. We submitted one
amendment, and then I was told they had to be separated, and two
amendments were submitted.
The Acting CHAIRMAN. The Clerk will designate a single Foxx
amendment.
The text of the amendment is as follows:
Amendment offered by Ms. Foxx:
Page 37, strike lines 6 through 21 (relating to
Broadcasting Capital Improvements).
The Acting CHAIRMAN. Is there objection to consideration of the
amendment in this format?
There was no objection.
The Acting CHAIRMAN. Pursuant to the order earlier today, the
gentlewoman from North Carolina (Ms. Foxx) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from North Carolina.
Ms. FOXX. Mr. Chairman, what I understand now is the two amendments
were combined into one, for which I am very grateful.
Mr. Chairman, this amendment would strike the funding for the
international broadcasting operations of Radio Free Europe section of
this bill. I am sure there are many folks who can tell us the merits
and great purpose of Radio Free Europe and our broadcasting overseas,
but we can debate the merits of Radio Free Europe another time.
It was my understanding that this war supplemental was supposed to be
purely for emergency spending for the war. Providing essential
equipment for our troops is one thing. Additional funding for
additional international broadcasting is another.
Mr. Chairman, many conservatives were disappointed that additional
Katrina funding was added to this bill since the moneys approved last
fall have not been spent totally. In fact, Mr. Chairman, of the $67.5
billion directly appropriated to Katrina and Rita relief, only $22.5
billion have been spent. Why are we allocating additional hard-earned
tax dollars, when over half of the additional funding is yet to be
spent?
Furthermore, the Katrina spending approved did not have proper
safeguards. I read article after article reporting stories of fraud and
abuse of relief funds. The reason we read and hear these stories on the
nightly news is because we did not move carefully enough the first
time. Let's not make that mistake again with additional Katrina funding
or other extraneous funding added that is not emergency funding for the
war in Iraq.
I urge Members to support my amendment and remove this funding, so we
can debate the merits of the program in its proper setting.
Mr. Chairman, I yield back the balance of my time.
Mr. WOLF. Mr. Chairman, I rise in opposition to the amendment. It
strikes all the radio and television broadcasting. I think I made the
point on the last amendment, the Garrett amendment, that this is
important to the administration. If the President didn't do this,
frankly, he would be subject to criticism by this Congress. This
Congress would get up and say, why are you not doing more to change the
government?
It is just not a good amendment. I urge overwhelming defeat of the
amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from North Carolina (Ms. Foxx).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Ms. FOXX. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from North
Carolina (Ms. Foxx) will be postponed.
The Clerk will read.
The Clerk read as follows:
BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for ``Broadcasting Capital
Improvements'', $28,500,000, to remain available until
expended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
GENERAL PROVISION--THIS CHAPTER
Sec. 1601. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 15 of
the State Department Basic Authorities Act of 1956, section
313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of
the National Security Act of 1947.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$1,800,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
The Acting CHAIRMAN. Pursuant to House Resolution 725, title II is
considered read.
The Clerk will designate title II.
The text of title II is as follows:
TITLE II--FURTHER HURRICANE DISASTER RELIEF AND RECOVERY
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Executive Operations
WORKING CAPITAL FUND
For an additional amount for ``Working Capital Fund'' for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $25,000,000,
to remain available until September 30, 2007: Provided, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Agricultural Research Service
Buildings AND FACILITIES
For an additional amount for ``Agricultural Research
Service, Buildings and Facilities'' for necessary expenses
related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $20,000,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Natural Resources Conservation Service
Emergency Watershed Protection Program
For an additional amount for ``Emergency Watershed
Protection Program'' $10,000,000, to remain available until
September 30, 2008, for the purchase of easements on
floodplain lands in disaster areas affected by Hurricane
Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
CHAPTER 2
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,125,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
[[Page H1029]]
concurrent resolution on the budget for fiscal year 2006.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$22,002,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $3,992,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $21,610,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$4,071,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$10,200,000 for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $2,176,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $94,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $1,304,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $1,408,000, for necessary expenses related to
the consequences of Hurricane Katrina and other hurricanes of
the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $29,913,000, to remain available until September 30,
2007, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $37,359,000, to remain available until September
30, 2007, for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $12,755,000, to remain available until
September 30, 2007, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $1,277,000, to remain available until
September 30, 2007, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $42,307,000, to remain available until
September 30, 2007, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
PROCUREMENT
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $700,000, to remain available until September 30,
2008, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$9,136,000, to remain available until September 30, 2008, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $579,000, to remain available until September 30,
2008, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $899,000, to remain available until
September 30, 2008, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
Shipbuilding and Conversion, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Shipbuilding and Conversion,
Navy'', $775,236,000 to remain available until September 30,
2010, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
which shall be available for transfer within this account to
replace destroyed or damaged equipment; prepare and recover
naval vessels under contract; and provide for cost
adjustments for naval vessels for which funds have been
previously appropriated: Provided, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That the Secretary of Defense shall, not fewer than 15 days
prior to making transfers within this appropriation, notify
the congressional defense committees in writing of the
details of any such transfer: Provided further, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$85,040,000, to remain available until September 30, 2008,
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
[[Page H1030]]
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $13,000,000, to remain available until September 30,
2008, for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$2,797,000, to remain available until September 30, 2008, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $12,000,000, to remain available
until September 30, 2007, for necessary expenses related to
the consequences of Hurricane Katrina and other hurricanes of
the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $6,250,000, to remain available
until September 30, 2007, for necessary expenses related to
the consequences of Hurricane Katrina and other hurricanes of
the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $730,000, to remain available
until September 30, 2007, for necessary expenses related to
the consequences of Hurricane Katrina and other hurricanes of
the 2005 season: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $1,222,000, for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift
Fund'', $10,000,000, to remain available until expended, for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
TRUST FUNDS
General Fund Payment, Surcharge Collections, Sales of Commissary
Stores, Defense
For an additional amount for ``General Fund Payment,
Surcharge Collections, Sales of Commissary Stores, Defense'',
$10,530,000, to remain available until September 30, 2010,
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$33,881,000, to remain available until September 30, 2007,
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
GENERAL PROVISION--THIS CHAPTER
Sec. 2201. None of the funds provided in this chapter may
be used to finance programs or activities denied by Congress
in fiscal year 2005 and 2006 appropriations to the Department
of Defense or to initiate a procurement or research,
development, test and evaluation new start program without
prior written notification to the congressional defense
committees.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
For additional amounts for ``Construction'' to reduce the
risk of storm damage to the greater New Orleans metropolitan
area by restoring the surrounding wetlands, $100,000,000, to
remain available until expended: Provided, That such sums
shall be subject to authorization: Provided further, That the
Chief of Engineers, acting through the Assistant Secretary of
the Army for Civil Works, shall provide, at a minimum, a
monthly report to the House and Senate Committees on
Appropriations detailing the allocation and obligation of
these funds, beginning not later than July 30, 2006: Provided
further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
FLOOD CONTROL AND COASTAL EMERGENCIES
For additional amounts for ``Flood Control and Coastal
Emergencies'', as authorized by section of the Flood Control
Act of August 18, 1941, as amended (33 U.S.C. 701n), for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season,
$1,360,000,000, to remain available until expended: Provided,
That such sums shall be subject to authorization: Provided
further, That the Chief of Engineers, acting through the
Assistant Secretary of the Army for Civil Works, shall
provide, at a minimum, a monthly report to the House and
Senate Committees on Appropriations detailing the allocation
and obligation of these funds, beginning not later than July
30, 2006: Provided further, That none of the funds provided
herein shall be available until the non-federal interests
have entered into binding agreements with the Secretary of
the Army to pay 100 percent of the operation, maintenance,
repair, replacement and rehabilitation costs of the projects:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
Office of Inspector General
(including transfers of funds)
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $13,500,000,
to remain available until September 30, 2007: Provided, That
these amounts shall be transferred to the Offices of
Inspector General of the Departments of Agriculture, Defense,
Education, Health and Human Services, Housing and Urban
Development, Justice, Labor and Transportation, and the
Environmental Protection Agency, the General Services
Administration, and the Social Security Administration to
carry out necessary audits and investigations of funding and
programs undertaken by the respective agencies for response
and recovery from the 2005 Gulf Coast hurricanes: Provided
further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Customs and Border Protection
SALARIES AND EXPENSES
For an additional amount for `Salaries and Expenses' to
provide for the relocation of personnel and equipment related
to the New Orleans laboratory facility and for the repair and
replacement of critical equipment and property damaged or
caused by Hurricane Katrina and other hurricanes of the 2005
season, $12,900,000: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
CONSTRUCTION
For an additional amount for ``Construction'' to rebuild
and repair structures damaged by Hurricane Katrina and other
hurricanes of the 2005 season, $4,800,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
United States Coast Guard
OPERATING EXPENSES
(including transfer of funds)
For an additional amount for ``Operating Expenses'' for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $14,300,000,
to remain available until September 30, 2007, of which up to
$267,000 may be transferred to ``Environmental Compliance and
Restoration'' to be used for environmental cleanup and
restoration of Coast Guard facilities; and of which up to
$500,000 may be transferred to ``Research, Development, Test,
and Evaluation'' to be used for
[[Page H1031]]
salvage and repair of research and development equipment and
facilities: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ``Acquisition, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $80,755,000, to remain available until expended:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
Federal Emergency Management Agency
ADMINISTRATIVE AND REGIONAL OPERATIONS
For an additional amount for ``Administrative and Regional
Operations'' for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $70,000,000, to remain available until expended:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
PREPAREDNESS, MITIGATION, RESPONSE AND RECOVERY
For an additional amount for ``Preparedness, Mitigation,
Response and Recovery'' for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $10,000,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
DISASTER RELIEF
For an additional amount for ``Disaster Relief'' for
necessary expenses under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$9,550,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Disaster Assistance Direct
Loan Program Account'' for the cost of direct loans as
authorized under section 417 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5184), $151,000,000, to be used to assist local governments
that were affected by Hurricane Katrina and other hurricanes
of the 2005 season in providing essential services, of which
$1,000,000 is for administrative expenses to carry out the
direct loan program: Provided, That such funds may be used to
subsidize gross obligations for the principal amount of
direct loans not to exceed $200,000,000: Provided further,
That notwithstanding section 417(b) of such Act, the amount
of any such loan issued pursuant to this section may exceed
$5,000,000: Provided further, That notwithstanding section
417(c)(1) of such Act, such loans may not be canceled:
Provided further, That the cost of modifying such loans shall
be as defined in section 502 of the Congressional Budget Act
of 1974 (2 U.S.C. 661a): Provided further, That of the amount
provided in this chapter under the heading Disaster Relief'',
up to $150,000,000 may be transferred to and merged with the
funds provided under this heading, to be used to subsidize
gross obligations for the principal amount of direct loans
not to exceed $200,000,000: Provided further, That the
amounts provided or transferred under this heading are
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2401. The Federal Emergency Management Agency may
provide funds to a State or local government or, as
necessary, assume an existing agreement from such unit of
government, to pay for utility costs resulting from the
provision of temporary housing units to evacuees from
Hurricanes Katrina and Rita if the State or local government
has previously arranged to pay for such utilities on behalf
of the evacuees for the term of any leases, not to exceed 12
months, contracted by or prior to February 7, 2006,
notwithstanding section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174): Provided, That the Federal share of the costs eligible
to be paid shall be 100 percent.
Sec. 2402. (a) Title III of Public Law 109-90 is amended
under the heading ``National Flood Insurance Fund'' by
striking ``$30,000,000 for interest on Treasury borrowings''
and inserting ``such sums as necessary for interest on
Treasury borrowings''.
(b) The provisions of this section are designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
CONSTRUCTION
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season and for repayment of
advances to other appropriation accounts from which funds
were transferred for such purposes, $132,400,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
National Park Service
HISTORIC PRESERVATION FUND
For an additional amount for the ``Historic Preservation
Fund'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$3,000,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
CONSTRUCTION
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $55,400,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ``Surveys, Investigations, and
Research'' for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season
and for repayment of advances to other appropriation accounts
from which funds were transferred for such purposes,
$10,200,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
Minerals Management Service
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For an additional amount for ``Royalty and Offshore
Minerals Management'' for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season and for repayment of advances to other
appropriation accounts from which funds were transferred for
such purposes, $15,000,000, to remain available until
September 30, 2007: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For an additional amount for ``Environmental Programs and
Management'' for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $6,000,000, to remain available until September
30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
For an additional amount for the ``Leaking Underground
Storage Tank Program'' for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $7,000,000, to remain available until September
30, 2007: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF AGRICULTURE
Forest Service
NATIONAL FOREST SYSTEM
For an additional amount for the ``National Forest System''
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$20,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
CHAPTER 6
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $28,880,000, to remain available until September
30, 2010: Provided, That notwithstanding any other provision
of law, such funds may be obligated or expended to carry out
planning and
[[Page H1032]]
design and military construction projects not otherwise
authorized by law: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
$57,300,000, to remain available until September 30, 2010:
Provided, That notwithstanding any other provision of law,
such funds may be obligated or expended to carry out planning
and design and military construction projects not otherwise
authorized by law: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'', for necessary expenses related to
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $67,800,000, to remain available until September
30, 2010: Provided, That notwithstanding any other provision
of law, such funds may be obligated or expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That the
amount provided under this heading in the chapter 7 of title
I of division B of Public Law 109-148 (119 Stat. 2770) shall
remain available until September 30, 2010: Provided further,
That the amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
Military Construction, Air National Guard
For an additional amount for ``Military Construction, Air
National Guard'', for necessary expenses related to
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $5,800,000, to remain available until September
30, 2010: Provided, That notwithstanding any other provision
of law, such funds may be obligated or expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
Military Construction, Navy Reserve
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ``Military Construction, Navy
Reserve'', for necessary expenses related to consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$24,270,000, to remain available until September 30, 2010:
Provided, That notwithstanding any other provision of law,
such funds may be obligated or expended to carry out planning
and design and military construction projects not otherwise
authorized by law: Provided further, That the amount provided
under the heading ``Military Construction, Naval Reserve'' in
chapter 7 of title I of division B of Public Law 109-148 (119
Stat. 2771) shall remain available until September 30, 2010,
except that, of such amount $49,530,000 are rescinded:
Provided further, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
CONSTRUCTION, MAJOR PROJECTS
(including transfer of funds)
For an additional amount for ``Construction, Major
Projects'', for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $550,000,000, to remain available until
expended: Provided, That the foregoing amount shall only be
available upon enactment, by June 30, 2006, of authority
under section 8104 of title 38, United States Code: Provided
further, That up to $275,000,000 of the amount provided under
this heading may (at any time after the enactment of this Act
and without regard to the preceding proviso) be transferred
by the Secretary of Veterans Affairs to the ``Medical
Services'' account, to be available only for unanticipated
costs related to the Global War on Terror: Provided further,
That the Secretary of Veterans Affairs shall, not fewer than
15 days prior to making a transfer under the authority in the
preceding proviso, notify the Committees on Appropriations of
the Senate and House of Representatives in writing of the
transfer: Provided further, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
CHAPTER 7
DEPARTMENT OF JUSTICE
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $2,000,000, to remain available
until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $5,000,000, to remain available
until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ``Procurement, Acquisition and
Construction'', for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of the
2005 season, $11,800,000, to remain available until expended:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
SCIENCE
National Aeronautics and Space Administration
EXPLORATION CAPABILITIES
For an additional amount for ``Exploration Capabilities'',
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$30,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
RELATED AGENCIES
Small Business Administration
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Disaster Loans Program
Account'' for the cost of direct loans authorized by section
7(b) of the Small Business Act, $1,254,000,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That, of the amount provided under
this heading, up to $190,000,000 may be transferred to and
merged with appropriations for ``Small Business
Administration, Salaries and Expenses'' for administrative
expenses to carry out the disaster loan program: Provided
further, That none of the funds provided under this heading
may be used for indirect administrative expenses: Provided
further, That, of the amount provided under this heading,
$712,000,000 is hereby transferred to ``Federal Emergency
Management Agency, Disaster Relief'' to reimburse that
account for funds transferred to this account by Public Law
109-174: Provided further, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
CHAPTER 8
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ``Community development
fund'', for necessary expenses related to disaster relief,
long-term recovery, and restoration of infrastructure in the
most impacted and distressed areas related to the
consequences of hurricanes in the Gulf of Mexico in 2005 in
States for which the President declared a major disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in
conjunction with Hurricane Katrina, Rita, or Wilma,
$4,200,000,000, to remain available until expended, for
activities authorized under title I of the Housing and
Community Development Act of 1974 (Public Law 93-383):
Provided, That funds made available under this heading shall
be distributed to address the most critical recovery
requirements notwithstanding funding limitations under this
heading in title I of division B of Public Law 109-148:
Provided further, That funds provided under this heading
shall be administered through an entity or entities
designated by the Governor of each State: Provided further,
That such funds may not be used for activities reimbursable
by or for which funds are made available by the Federal
Emergency Management Agency or the Army Corps of Engineers:
Provided further, That funds allocated under this heading
shall not adversely affect the amount of any formula
assistance received by a State under this heading: Provided
further, That each State may use up to five percent of its
allocation for administrative costs: Provided further, That
not less than $1,000,000,000 from funds made available under
this heading shall be used for repair, rehabilitation, and
reconstruction (including
[[Page H1033]]
demolition, site clearance and remediation) of the affordable
rental housing stock (including public and other HUD-assisted
housing) in the impacted areas: Provided further, That in
administering the funds under this heading, the Secretary of
Housing and Urban Development may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient
of these funds or guarantees (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), upon a request by the State that such waiver is
required to facilitate the use of such funds or guarantees,
and a finding by the Secretary that such waiver would not be
inconsistent with the overall purpose of the statute, as
modified: Provided further, That the Secretary may waive the
requirement that activities benefit persons of low and
moderate income, except that at least 50 percent of the funds
made available under this heading must benefit primarily
persons of low and moderate income unless the Secretary
otherwise makes a finding of compelling need: Provided
further, That the Secretary shall publish in the Federal
Register any waiver of any statute or regulation that the
Secretary administers pursuant to title I of the Housing and
Community Development Act of 1974 no later than 5 days before
the effective date of such waiver: Provided further, That
every waiver made by the Secretary must be reconsidered
according to the three previous provisos on the two-year
anniversary of the day the Secretary published the waiver in
the Federal Register: Provided further, That prior to the
obligation of funds each State shall submit a plan to the
Secretary detailing the proposed use of all funds, including
criteria for eligibility and how the use of these funds will
address long-term recovery and restoration of infrastructure:
Provided further, That prior to the obligation of funds to
each State, the Secretary shall ensure that such plan gives
priority to infrastructure development and rehabilitation and
the rehabilitation and reconstruction of the affordable
rental housing stock including public and other HUD-assisted
housing: Provided further, That each State will report
quarterly to the Committees on Appropriations on all awards
and uses of funds made available under this heading,
including specifically identifying all awards of sole-source
contracts and the rationale for making the award on a sole-
source basis: Provided further, That the Secretary shall
notify the Committees on Appropriations on any proposed
allocation of any funds and any related waivers made pursuant
to these provisions under this heading no later than 5 days
before such waiver is made: Provided further, That the
Secretary shall establish procedures to prevent recipients
from receiving any duplication of benefits and report
quarterly to the Committees on Appropriations with regard to
all steps taken to prevent fraud and abuse of funds made
available under this heading including duplication of
benefits: Provided further, That of the amounts made
available under this heading, the Secretary may transfer a
total of up to $15,000,000 to the Office of Inspector General
and ``Management and Administration, Salaries and Expenses''
for costs associated with administration and oversight:
Provided further, That none of the funds provided under this
heading may be used by a State or locality as a matching
requirement, share, or contribution for any other Federal
program: Provided further, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
INDEPENDENT AGENCY
General Services Administration
FEDERAL BUILDINGS FUND
For an additional amount for ``Federal Buildings Fund'' for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $37,000,000,
from the General Fund and to remain available until expended:
Provided, That notwithstanding 40 U.S.C. 3307, the
Administrator of General Services is authorized to proceed
with repairs and alterations for affected buildings: Provided
further, That he amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
The Acting CHAIRMAN. Are there any amendments to title II?
{time} 2045
Amendment Offered by Mr. Melancon
Mr. MELANCON. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN (Mr. Conaway). The Clerk will designate the
amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Melancon:
Page 54, line 15, after the dollar amount, insert the
following: ``(increased by $465,000,000)''.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Louisiana (Mr. Melancon) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. MELANCON. Mr. Chairman, the amendment that I bring forward today
will provide for $465 million for levees in South Louisiana. Currently,
there is $1.363 billion, $1 million added to the $1,363,000,000 in the
bill for flood control and hurricane protection.
Part of the problems during the storms is the over-topping of levees,
inadequate levees. We have a situation in south Louisiana that was
understood by the White House, and the President made his announcement
to send more money down to the Congress.
That total amount did not end up getting into the bill. My amendment
would increase the amount of funding to $465 billion, and this
amendment would provide $35 million for additional hurricane protection
for coastal restoration in an area in south central Louisiana that went
under during Rita that was not included in the original monies.
We have areas that are in St. Charles Parish, Plaquemines Parish,
Jefferson Parish, St. Bernard Parish, Terrebonne Parish, and Lafourche
Parish. These areas need to be taken care of, particularly since these
areas are the first areas that will take the brunt of a storm in the
Gulf of Mexico and southern Louisiana.
This is a working coast. This is the Louisiana coast. Oil and gas
from Louisiana accounts for 30 percent of the energy consumed in this
country. Thirty percent of the fish that come from the oceans that this
country consumes come from Louisiana's coastal areas and the Gulf of
Mexico. Forty-two percent of the commodities exported from this country
come through New Orleans and the river bounded by Plaquemines and St.
Bernard Parish.
Mr. Chairman, I bring this amendment today because the people of
south Louisiana need these important levees to protect them.
In particular, the Morganza to the Gulf project, the people in this
area where the Morganza to the Gulf project will be built have taxed
themselves and started the projects. They are waiting on a WRDA. If we
can get a WRDA bill out of the Senate and conferenced and passed, then
these folks have started, and this bill would allow them to have that
money to move this project forward to protect their areas of south
Louisiana.
Mr. Chairman, I yield back the balance of my time.
Mr. LEWIS of California. Mr. Chairman, reluctantly, I rise in
opposition to the amendment offered by the gentleman from Louisiana.
The Acting CHAIRMAN. The gentleman from California is recognized for
5 minutes.
Mr. LEWIS of California. The amendment seeks to add $430 million for
armoring levees in addition to the $170 million already contained in
the bill. The supplemental bill before us provides the request of $170
million to armor the most critical portions of the hurricane protection
system that are judged by the Corps of Engineers to be the most
critical to providing near-term protection to the citizens of New
Orleans.
The funding, as provided, is not geographically specific and can be
used across the entire hurricane protection system to armor the areas
identified by the Corps as the most vital. This funding is sufficient
to address the most essential armoring requirements as identified by
the Corps of Engineers.
According to the Corps, only 16 percent of the requested $170 million
can be expended in 2006. Given that the Corps will only be able to
expend a very limited amount of the $170 million this fiscal year, the
provision of additional funding will not result in more near-term
protection for the region.
Activities that occur predominately in fiscal year 2007 and beyond do
not qualify for emergency funding in this supplemental. They should be
addressed in the regular order of our fiscal year 2007 energy and water
bill.
The amendment also seeks to add an additional $35 million to
accelerate the study phase of the Morganza to the Gulf project. I would
like to point out that the study was funded at $11 million in 2006
through both the regular bill and the supplemental funding. The study
is ongoing, and it is funded for activities through this fiscal year.
The construction activities require additional authorization. This
study does not rise to the level of an emergency. I urge my colleagues
to work
[[Page H1034]]
with me to pursue this in regular order.
I must mention to my colleague that I have these kind of problems in
northern California, that I can similarly put in this emergency
supplemental. But, frankly, they are more logical for regular order.
So, with that, I would ask my colleague to consider withdrawing his
amendment. Failing that, I am afraid I must oppose the amendment and
ask my colleagues to vote ``no'' on its adoption.
Mr. MELANCON. Mr. Chairman, will the gentleman yield?
Mr. LEWIS of California. I yield to the gentleman from Louisiana.
Mr. MELANCON. Mr. Chairman, I understand what you are saying. We have
been 5 to 6 years without a WRDA bill. The Morganza to the Gulf project
has been in that stalled WRDA bill. There are now 80 Members of the
Senate that have signed on to letters saying in this session their
intention is to pass a WRDA bill.
If authorization is included with the passage of a WRDA bill, in
essence, this funding will be ready to go. These people have
authorization on portions, as you have explained, and now they can move
forward and continue the process of building these levees that they
have so much wanted to build for the last 5 to 10 years.
Mr. LEWIS of California. Mr. Chairman, reclaiming my time. I must say
to the gentleman that I do have similar questions that are very much
like this in northern California, critical circumstances; and it just
is not appropriate in the portion of this emergency bill. Because of
that, I would have to oppose the gentleman's request.
Mr. MELANCON. Mr. Chairman, I understand. This is something that I
must put to a vote. We are in an emergency situation. We have been.
This Congress' actions, where we are at the seventh month, makes it
even more critical and more of the need.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Melancon).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. MELANCON. Mr. Chairman, on that I demand the yeas and nays.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Louisiana
(Mr. Melancon) will be postponed.
Amendment No. 6 Offered by Mr. Jefferson
Mr. JEFFERSON. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Jefferson:
In chapter 4 of title II, in the item relating to ``Federal
Emergency Management Agency--disaster relief'', after the
aggregate dollar amount, insert the following: ``(reduced by
$2,000,000,000)''.
In chapter 8 of title II, in the item relating to
``Community Planning and Development--community development
fund--(including transfer of funds)'', after the aggregate
dollar amount, insert the following: ``(increased by
$2,000,000,000)''.
The Acting CHAIRMAN. Pursuant to the order of the House today, the
gentleman from Louisiana (Mr. Jefferson) and a Member opposed each will
control 5 minutes.
Mr. LEWIS of California. On the amendment that we are considering,
Mr. Chairman, I reserve a point of order.
The Acting CHAIRMAN. The gentleman reserves a point of order.
The Chair recognizes the gentleman from Louisiana.
Mr. JEFFERSON. Mr. Chairman, today, I rise to offer the first of two
amendments to H.R. 4939, the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror and the Hurricane Recovery Act of
2006, that will add more funds to the Community Development Block
Grant, CDBG funds, to meet the housing and rebuilding needs of
Louisiana, Texas and other places.
The first amendment, number 6, printed in the Congressional Record,
will take $2 billion from the Federal Emergency Management Agency,
FEMA, and add it to the Community Development Block Grant funds, making
that total request $6.2 billion.
This amendment keeps the total hurricane supplemental request at
$19.1 billion. The proposed $2 billion decrease in FEMA funding brings
that total to $7.755 billion.
Mr. Chairman, information recently given to us by the Appropriations
Committee indicates that FEMA will not run out of its current funds
until the second week of July. Moreover, with FEMA's weekly spend rate
of $500 million, the first proposed appropriation of $9.55 billion,
less my amendment, would fund FEMA through the end of October.
Mr. Chairman, I am certain that between now and October we will be
able to amply try and figure out what FEMA really needs and provide the
resources it needs at that time.
Mr. Chairman, the administration has asked Louisiana repeatedly to
submit a housing plan, and we did that. This chart shows what
Louisiana's housing needs are. We had severe destruction of our housing
infrastructure in our State, and we have more than 100,000 housing
units destroyed. This will cost over $100,000 billion to get this whole
matter straightened out, along with other project losses back home.
What we are saying here is that we have a plan which we submitted to
the White House, and we have had this plan looked at very closely. The
agreement is that Louisiana has submitted a very solid plan for $4.2
billion for unmet needs in its housing reconstruction. Without housing,
our city cannot rebuild. Without housing, there is no chance to bring
our city back. And so we are saying today, Mr. Chairman, that without
full funding we cannot meet the crucial needs to help our citizens
rebuild their lives.
There is a move being made now to take the money out of the $4.2
billion to apply to Texas and perhaps some other places, and we say we
need all of the $4.2 billion. We also have the $2 billion for Texas. We
do not argue they do not need more help, but we do not need to have our
money raided to take care of Texas or any other place.
By increasing the CDBG funding, we will allow the needs of Louisiana,
Texas and other States to be met without short-changing the
administration's commitment to Louisiana.
Mr. Chairman, you know firsthand the monumental housing crisis in
Louisiana. Today, thousands of people are being evicted from hotels
around the gulf region by FEMA with nowhere to turn. Thus, I implore my
colleagues to support this amendment so that we can help these hard-
working, earnest taxpayers in the gulf coast rebuild their lives and
realign their futures.
Louisiana needs the full $4.2 billion to do that. Support my
amendment to make Louisiana, Texas and the rest of the gulf coast
region whole. I urge adoption of the amendment.
Mr. Chairman, I reserve the balance of my time.
{time} 2100
Mr. ROGERS of Kentucky. Mr. Chairman, I claim the time in opposition
to the amendment.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Kentucky. Mr. Chairman, I yield myself such time as I
may consume. Mr. Chairman, there is no doubt that the Community
Development Block Grant Program needs more funding, however, this
amendment would take $2 billion out of the Disaster Relief Fund, which
is severely underfunded as it is, of the more than $35 billion in
supplemental funds that we have provided to the Disaster Relief Fund
for the recovery from Katrina, Rita and Wilma. As of March 8, only $3.7
million of that remains unallocated; and long term recovery, of course,
is just getting underway.
The disaster fund is very volatile. Over the last month, weekly
obligations have varied from $250 million to $1.1 billion. That is per
week. The administration estimates the current balance of $3.7 billion
in the disaster fund will only last us through the end of May as it is.
If you take $2 billion out of that, there is not much left to last us
in the disaster fund.
Now, if you take those monies out of the disaster fund, many of the
authorized activities for which the States are expecting funding cannot
be funded. And I am talking about the Stafford Act Recovery Programs in
the gulf coast States' ability to respond to new disasters if they
should occur. During the months ahead, funds are needed
[[Page H1035]]
primarily for the public assistance and mitigation programs in the gulf
coast area.
Also, funding for the disaster fund, if it is less than $9.5 billion,
would mean deferring or postponing, at least stopping momentarily, at
least, public assistance projects like repairing roads, repairing water
control facilities, public buildings and equipment, public utilities,
park, recreational facilities and the like, all of that would have to
stop.
So, Mr. Chairman, I urge that Members vote against this amendment.
Not to say that the Community Development Block Grant Program does not
need funds but this ain't the place to get it. So I urge a ``no'' vote.
Mr. Chairman, I yield back the balance of my time.
Mr. JEFFERSON. Mr. Chairman, I appreciate what the gentleman has
said, but he recognizes in his comments that there is $3.7 billion left
unobligated of the money we have already authorized for FEMA. Everyone
knows here that FEMA has not been a very good steward so far of the
money we have provided to it. This is a way for FEMA to tighten its
belt and to provide the folks the housing support they need back home;
take care of Louisiana and Texas at the same time; and not hurt the
FEMA programs, because everyone knows, as we have documented throughout
our hearings and the rest, that FEMA has done a horrible job of
managing the money. And even if it needs more, as the gentleman has
said, there is $3.7 billion of the money we have already authorized,
which is unobligated, which FEMA can have access to if they can prove a
need for it. So I would move adoption of the amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Conaway). All time has expired.
The Chair understands the point of order that has been reserved has
been withdrawn.
Mr. LEWIS of California. It has been withdrawn.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Jefferson).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. JEFFERSON. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Louisiana
(Mr. Jefferson) will be postponed.
Amendment No. 7 Offered by Mr. Jefferson
Mr. JEFFERSON. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Mr. Jefferson of Louisiana:
Page 72, line 18, after the dollar amount insert the
following: ``(increased by $1,900,000,000)''.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Louisiana (Mr. Jefferson) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. JEFFERSON. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise to offer another amendment to meet the same
objective for preserving the $4.2 billion for Louisiana, at the same
time meeting the housing needs that have been expressed by the State of
Texas of another $2 billion.
We get out there different under this amendment, as opposed to taking
the money under the FEMA allocation which we have heard objection to,
this adds money to the current asked for, requested appropriations of
$1.9 billion to the $19.1 billion that is being asked for here, to add
to that amount $1.9 billion.
The $1.9 billion, therefore, does not come out of the FEMA funds as
the gentleman has objected to. If his argument are well taken, the FEMA
fund stays intact. We do not touch it whatsoever. But out of the $3.7
billion, that is unobligated of the money that has already been
appropriated for this purpose by this House, we take another $1.9
billion and provide that to Texas. The hope is that the HUD will
provide that to Texas, take care of Texas' needs.
So we don't invade the FEMA money under this amendment. We simply add
to the amount that came out of committee of $19.1 billion another $1.9
billion to provide the money that Texas needs to get this job done.
We have demonstrated a need for this project back home. We have taken
great pains to provide a good plan. Our State has submitted it. It has
been vetted by the White House folks. Here the plan is in my hand. It
is a wonderful plan that is thoroughly vetted. It is technically
perfect, I believe. It states the case well. We have made the case for
our needs. We have not exaggerated them.
We have horrible needs back home. 220-something housing units
destroyed back home that we need to have fixed up. And we cannot get
our city back unless we have our housing infrastructure built back up.
So we are urging this House, if it does not want to take the money from
existing FEMA programs, take it from the $3.7 billion that is
unauthorized, and appropriate, of the $3.7 billion, $1.9 billion to
take care of this urgent need in our area.
Mr. Chairman, I reserve the balance of my time.
The Acting CHAIRMAN (Mrs. Drake). Who seeks time in opposition?
Mr. ROGERS of Kentucky. Madam Chairman, I rise in opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Kentucky. Could I propose a question to the offeror of
the amendment? Are you proposing with this amendment to just simply add
$1.9 billion to the Disaster Relief Fund?
Mr. JEFFERSON. Madam Chairman, will the gentleman yield?
Mr. ROGERS of Kentucky. I yield to the gentleman from Louisiana.
Mr. JEFFERSON. I am saying that $3.7 billion unobligated of the money
the House has already appropriated for disaster relief. I am saying out
of the $3.7 billion, we should take $1.9 billion and add to the
Community Development Block Grant appropriation. Yes, sir, that is what
I am saying. So it is not coming up with the money that the House
hasn't already approved. It is simply carving out of what is left, the
$3.7 billion that is already left unallocated and unobligated, and
obligating it to this purpose.
In this way, we hope to take care of both Texas and Louisiana's
needs. And without shortchanging Louisiana, what we have demonstrated
through some painstaking processes that money is needed to bring back
housing in our State.
Mr. ROGERS of Kentucky. Reclaiming my time, as I understand it then,
you propose to take $1.7 billion.
Mr. JEFFERSON. $1.9 billion.
Mr. ROGERS of Kentucky. $1.9 of the 3.7 that has not yet been
allocated out of the disaster fund?
Mr. JEFFERSON. Yes, sir.
Mr. ROGERS of Kentucky. For the Community Development Block Grant
Program?
Mr. JEFFERSON. Yes, sir.
Mr. ROGERS of Kentucky. So it is essentially like the last amendment
but in different form?
Mr. JEFFERSON. It is not like the last amendment, except it is not
take it from FEMA, which you objected to saying FEMA needed the money.
We are now saying we aren't taking it from FEMA, we still have to take
it from unobligated funds, to meet the needs of both Texas and
Louisiana.
Mr. ROGERS of Kentucky. Madam Chairman, I yield to the gentleman from
Michigan (Mr. Knollenberg).
Mr. KNOLLENBERG. I oppose the amendment as well, Mr. Jefferson. The
State of Louisiana has already received $6.2 billion in CDBG for
reconstruction efforts. And yet, the State of Louisiana has yet to
submit a plan for the funds, which is required by law.
HUD has been working with the State to craft a reasonable and
rationale plan, and we hope to have a better idea of their needs and a
recovery plan very soon.
In addition, we are providing an additional $4.2 billion in CDBG to
further assist the gulf coast States affected by the hurricanes in
2005, and this includes Louisiana. I am confident that Louisiana will
receive funds from this bill. And so, again, I repeat, I oppose the
amendment on that basis.
Mr. ROGERS of Kentucky. Reclaiming my time, I also oppose the
gentleman's amendment for the same reason that I said on the earlier
amendment.
[[Page H1036]]
If you take these monies out of the Disaster Relief Fund, then you
are saying to the gulf coast States that we will not have money to
continue the Stafford Act Recovery Programs, which are vital to that
region. You are saying there are not monies there for the public
assistance and mitigation programs in the gulf coast area. You are
saying that we will have to postpone the projects like repairing roads
and water control facilities and public buildings and equipment, public
utilities, parks, recreational facilities and the like.
So as much as I understand the gentleman's concern to get more money
in the Community Development Block Grant Program, this would be, to
coin a phrase, disastrous for the gulf coast region to take it away
from the Disaster Relief Fund.
I oppose the amendment.
Madam Chairman, I reserve the balance of my time.
Mr. JEFFERSON. Madam Chairman, I yield myself such time as I may
consume. I take issue with the remarks that have been made with respect
to the devastating effect that this amendment would have on the
recovery in the gulf coast region.
I understood somewhat the argument made earlier that to take money
from FEMA would invade the public assistance projects. This money is,
however, unobligated to any project in the gulf region. It is money
that the Congress has simply appropriated which is unobligated.
Consequently, we do not know what, if anything, FEMA is going to use
the money for. So we argue here that Texas has already demonstrated a
need for $2 billion, according to their calculations. We are saying
that ought to be recognized and taken care of, but we have also
demonstrated, we think, in our State, a need for $4.2 billion.
Here is the difference. It is true that Louisiana received $6.2
billion recently, and Mississippi received some number, 5.2 or whatever
billion dollars as well. We, however, suffered 85 percent of the damage
in this area. Mississippi suffered 15 percent of the damage. And
nonetheless, we got a 54 percent share of the CDBG funds. Mississippi
got 46 percent of the CDBG funds.
So we are saying we were well shortchanged of where we should have
been. This is to make up for that, to fix the problems, to try to
correct it. So we argue that of the $3.7 billion unobligated, it does
not hurt one smidgeon of work that anyone has in mind for FEMA. This is
not FEMA's money right now. It is not allocated for any purpose at all.
It is available to be used for whatever good purpose we can find. I can
tell you, this is a tremendously good purpose for our area. We need the
money very substantially.
The President and his people have determined that we need $4.2
billion. Our plan which we do have here, which we have submitted to the
White House, which they have vetted carefully, shows we need $4.2
billion. We simply are fearful that our money would not be vetted for
this purpose, which the President wanted designated solely for
Louisiana, which, under this bill, it is not.
And we recognize the needs of Texas. We want to help Texas. But at
the same time, we do not want to hurt our own purposes. I urge adoption
of the amendment.
Madam Chairman, I yield back the balance of my time.
Mr. ROGERS of Kentucky. Madam Chairman, I yield back the balance of
my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Jefferson).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. JEFFERSON. Madam Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Louisiana
(Mr. Jefferson) will be postponed.
Amendment Offered by Mr. Brady of Texas
Mr. BRADY of Texas. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Brady of Texas:
Page 72, line 25, after the colon insert the following:
Provided further, That the factors used by the Secretary in
distributing funds made available under this heading shall
apply the most timely and accurate data available relating to
all damages from such hurricanes and total numbers of
relocated evacuees based on their current addresses rather
than their addresses of record at the time of the storms,
and, to the extent possible, the Secretary shall obtain
information from the departments of insurance and tax
appraisal records of States and consult and coordinate with
the Bureau of the Census of the Department of Commerce to
reestimate population, income, and other statistics when
determining estimates for use in connection with amounts made
available under this heading:
Mr. LEWIS of California. Madam Chairman, reluctantly I reserve a
point of order on the gentleman's amendment.
The Acting CHAIRMAN. A point of order is reserved.
Pursuant to the order of the House today, the gentleman from Texas
(Mr. Brady) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
{time} 2115
Mr. BRADY of Texas. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, I appreciate Chairman Lewis and the hard-working
members of the Appropriations Committee who are doing a difficult job
trying to balance the needs of our war on terror as well as disaster
recovery in the gulf coast.
This amendment seeks to do a simple thing, to require that the
Secretary of Housing and Urban Development use the most accurate and
timely data for making decisions on where the unmet needs are in the
gulf coast for housing. What this says in effect is that the director
shall apply the most timely and accurate data available relating to all
damages from such hurricanes and the total number of relocated
evacuees. In other words, rather than use the FEMA numbers, which are
slow, often inaccurate and, in fact, do not track the evacuees from
Katrina to other States, nor because Hurricane Rita occurred after
Hurricane Katrina, many of the needs in Texas are still being applied
for and have not yet registered. So, without this amendment, the HUD
Secretary would be making important decisions on housing and repair and
renovation without having a true, accurate picture of where the needs
truly are.
I know that in Texas we have more than 75,000 homes that have been
destroyed or damaged in Hurricane Rita, much of which are not yet in
the system. The last decision that the HUD Secretary made, 98 percent
of the money went to Louisiana and Mississippi, 1 percent to Texas. Yet
Hurricane Rita actually landed a higher wind speed than Hurricane
Katrina, wiped out much of East Texas, did billions of dollars of
damage, and yet our people are still waiting for help in housing,
repair and renovation. So this is simply an amendment to require
accurate and timely data and should this not be allowed today.
I hope perhaps we can work with you, because I think we all want the
Secretary to use the best picture of these very complicated hurricane
issues.
Madam Chairman, I yield back my time.
Point of Order
Mr. LEWIS of California. Madam Chairman, let me express my
appreciation to the gentleman for his cooperation.
In the meantime, I must make a point of order against the amendment
because it proposes to change existing law and constitutes legislation
in an appropriation bill and, therefore, violates clause 2 of rule XXI.
The Acting CHAIRMAN (Mrs. Drake). Does anyone wish to be heard on the
point of order? If not, the Chair will rule.
The Chair finds that this amendment includes language imparting
direction. The amendment, therefore, constitutes legislation in
violation of clause 2 of rule XXI. The point of order is sustained, and
the amendment is not in order.
Amendment Offered by Mr. Brady of Texas
Mr. BRADY of Texas. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
[[Page H1037]]
Amendment offered by Mr. Brady of Texas:
Page 73, line 15, after the colon insert the following:
Provided further, That not less than $2,000,000,000 from
funds made available under this heading shall be used as
provided under this heading only for the long-term recovery
of areas that are housing victims of Hurricane Katrina who,
at the time of the onset of such hurricane, were residents of
States other than the State in which such area is located:
Mr. LEWIS of California. Madam Chairman, I reserve a point of order
on the gentleman's amendment.
The Acting CHAIRMAN. A point of order is reserved.
Pursuant to the order of the House of today, the gentleman from Texas
(Mr. Brady) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. BRADY of Texas. Madam Chairman, I yield myself such time as I may
consume.
Again, I thank Chairman Lewis for your work on disaster relief.
The point of this amendment is to recognize that the money for
disaster assistance ought to go with the victims. The fact of the
matter is Hurricane Katrina caused tremendous devastation. I know that
Texas is now hosting over 400,000 evacuees and educating nearly 40,000
students. We know other States are also opening their hearts and
communities to these Katrina evacuees.
This amendment says that $2 billion from our Community Development
Block Grant funds shall be made available for the victims of Hurricane
Katrina who are living outside their home State. What we want to do is
make sure that they have the housing, the social services, the
workforce employment services, all those needs that go with them.
This amendment simply says that, as we have spent billions of dollars
responding to Hurricane Katrina, that we not forget the victims of
Hurricane Katrina who are in other States and who those communities are
bearing the brunt of the expenses of hosting them and, in truth, as
newspaper articles and studies reported today across the Nation show,
that at the pace of recovery in Louisiana, these States, like Texas,
will be host to our Katrina neighbors for many months, perhaps many
years. It is important that we not punish the States and communities
that open their hearts to these victims, that we not send them a bill
that says, thank you for your generosity; here, pay for it, raise your
taxes, bear the burden; we have no interest in you.
This amendment makes sure that the dollars follow the victims, the
evacuees of Hurricane Katrina, and that we not punish the generosity of
the surrounding States who did so much for our Katrina evacuees.
Ms. JACKSON-LEE of Texas. Madam Chairman, will the gentleman yield?
Mr. BRADY of Texas. I yield to the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Madam Chairman, let me just join Mr. Brady
in his analysis.
What we are talking about is people, not places, and that is that the
funds be able to support the people wherever they are. And Texas is
certainly not in any way rejecting the role that we have had the
opportunity to play. In fact, we welcome it. But, frankly, it is quite
necessary to provide the resources.
I will have a subsequent amendment on this very question; and I rise
in support of Mr. Brady's amendment so we can provide the resources
where the people are until they return home, of which we are certainly
supporting their desire to return home, but while they are where they
are we believe these funds on education and housing are crucial.
Mr. BRADY of Texas. Madam Chairman, I yield back my time.
Point of Order
Mr. LEWIS of California. Madam Chairman, because the gentleman from
Texas (Mr. Brady) is so cooperative and such a great friend, I hate to
have to exercise my procedural responsibilities here, but, Madam
Chairman, I make a point of order against the amendment because it
provides appropriations for an unauthorized program and, therefore,
violates clause 2 of rule XXI.
Clause 2 of rule XXI states in pertinent part, an appropriation may
not be in order as an amendment for an expenditure not previously
authorized by law.
Madam Chairman, the amendment proposes to appropriate funds for an
earmark that is not authorized. The amendment, therefore, violates
clause 2 of rule XXI.
The Acting CHAIRMAN. Does any Member wish to be heard on the point of
order? If not, the Chair will rule.
The amendment proposes to earmark certain funds in the bill. Under
clause 2(a) of rule XXI, such an earmarking must be specifically
authorized by law. The burden of establishing the authorization in law
rests with the proponent of the amendment. Because this burden has not
been carried, the point of order is sustained. The amendment is not in
order.
Amendment Offered by Mr. Brady of Texas
Mr. BRADY of Texas. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Brady of Texas:
Page 76, after line 20, insert the following:
CHAPTER 9
GENERAL PROVISIONS--THIS TITLE
Sec. 2901. (a) For the recovery, rebuilding, and relief of
the State of Texas from the consequences of Hurricane Katrina
and other hurricanes of the 2005 season, $2,000,000,000, to
remain available until expended and to be allocated and
administered by the Secretary of the Treasury and used only
for the State of Texas as follows:
(1) For the costs of housing, social services, health care,
and education for the residents of other States affected by
the hurricanes who are temporarily residing in Texas.
(2) For the costs of recovery from damage caused by the
hurricanes, including repair and construction of
infrastructure and housing, debris removal, unreimbursed
health care costs of evacuees, flood control and waterway
repair, employment and labor services, public safety and
security costs, and community and economic development
activities.
(3) For such other related costs as may be necessary.
(b) The amounts otherwise provided in this Act for the
following accounts are hereby reduced by the following
amounts:
(1) ``Department of State--Administration of Foreign
Affairs--Diplomatic and Consular Programs'' in chapter 6 of
title I, by $1,380,500,000.
(2) ``Federal Emergency Management Agency--Disaster
Relief'' in chapter 4 of title II, by $619,500,000.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Texas (Mr. Brady) and a Member opposed each will control
5 minutes.
Mr. LEWIS of California. Madam Chairman, I reserve a point of order
on the gentleman's amendment.
The Acting CHAIRMAN. A point of order is reserved.
The Chair recognizes the gentleman from Texas.
Mr. BRADY of Texas. Madam Chairman, I yield myself such time as I may
consume.
The purpose of this amendment is to request $2 billion for Texas to
help specifically 400,000 of the Hurricane Katrina evacuees who are in
our communities, to assist the educational costs of the nearly 40,000
students who we are educating today, and in addition to Hurricane
Katrina, help pay for the increased public safety and law enforcement
costs that have emerged since being host to our Katrina neighbors.
For health care and mental health: $126 million. Services that have
not been compensated again for their help.
For critical infrastructure repairs: $408 million. Because most of
the Nation does not know that Hurricane Rita caused tremendous
devastation, landed, as I have said before, at a higher wind speed than
Hurricane Katrina, created more damage to the electrical grid than
Hurricane Katrina, did more damage to the refinery capacity than
Katrina, and did almost $1 billion of damage to our timber industry,
which is our number one industry in most of the 22 counties directly
affected by Rita.
This request, headed by our Governor, Rick Perry, of Texas, made on
behalf of the entire Texas congressional delegation, also asks for $54
million for transportation, repair of our roads and bridges from
Hurricane Rita, $59 million for navigation waterway repairs. That is
because Hurricane Rita caused a damage to our waterways that will
require dredging and a great deal of repair.
For our agriculture forestry and rural disaster assistance, $170
million,
[[Page H1038]]
because much of Texas that opened their hearts to Katrina are the rural
communities that abut Louisiana. They were the ones who opened their
shelters for the Katrina victims, opened them a second time for the
evacuation of the Houston and gulf coast area, and then on the third
big hit actually Hurricane Rita devastated their communities. These are
small rural communities and should be commended for all that they have
done. This $170 million helps them recover and rebuild their
agriculture economy.
For social services, $125 million, mainly for the folks from Katrina
but also for some of our dislocated Rita folks.
And then $186 million for community redevelopment, because our
recovery is complicated by our Katrina guests. As you know, we have
moved them out of hotels into the available housing units; and because
Texas had over 75,000 homes damaged or destroyed by Rita, we both no
longer have houses for our own families and no housing for the work
recovery crews to allow us to get back on our feet.
This also requests $400 million to help pay for our schools who are
educating our Katrina neighbors.
Again, we are thrilled to have them. We know if the situation were
reversed their hearts and homes would be open to us, but we also know
that should that occur that there would be a heavy burden on those
other States. We want to make sure that our communities, many of them
small, many of them without big budgets, who have done exactly the
right thing, exactly the right thing with Katrina and are struggling to
recover from their own hurricane, to make sure they are not left
behind.
Ms. JACKSON-LEE of Texas. Madam Chairman, will the gentleman yield?
Mr. BRADY of Texas. I yield to the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Madam Chairman, I thank Mr. Brady very
much.
Let me just share with my colleagues, you have heard it before, but
within hours of when we got the call to open the Astrodome in Houston
for the survivors, the Astrodome was opened with full medical care,
volunteers and local resources. We would do it over and over again,
because we know our neighbors would do it for us. But, at the same
time, as we have integrated our Katrina survivors into our community,
waiting to return home, we have opened schools. We have added a new
mental health unit to the existing mental health facilities in Harris
County; and, in fact, we know that right after that, as Mr. Brady has
indicated, Hurricane Rita came through and devastated a large part of
East Texas.
So the combination of East Texas devastation and the impact in
Houston and Dallas and other cities around the State, these dollars
specifically would go to help the impacted States like Texas in helping
to educate, provide health care and other resources.
So I support the gentleman's amendment. Again, his words are
accurate. We would do it over and over again, but we have already done
the necessary facilities and staffing without asking. We are simply
asking now to help us as we continue the burden that we willingly
accept.
{time} 2130
Point of Order
Mr. LEWIS of California. Madam Chairman, I make a point of order
against the amendment because it provides an appropriation for an
unauthorized program, and thereby violates clause 2 of rule XXI. Clause
2 of rule XXI states in pertinent part:
``An appropriation may not be in order as an amendment for an
expenditure not previously authorized by law.''
Madam Chairman, the amendment proposes to appropriate funds for an
earmark that is not authorized. The amendment, therefore, violates
clause 2 of rule XXI.
The Acting CHAIRMAN (Mrs. Drake). Does any Member wish to be heard on
the point of order? If not, the Chair will rule.
Mr. BRADY of Texas. Madam Chairman, I concede the point of order at
this time.
The Acting CHAIRMAN. The point of order is conceded and sustained.
The amendment is not in order.
Amendment Offered by Mr. Brady of Texas
Mr. BRADY of Texas. Madam Chairman, I ask unanimous consent to offer
out of order Brady of Texas amendment No. 1, which would normally come
at the end of the bill.
Mr. KNOLLENBERG. Mr. Chairman, I reserve a point of order on the
gentleman's amendment.
The Acting CHAIRMAN. Is there objection to considering the amendment
at this point?
There was no objection.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Brady of Texas:
At the end of the bill (before the short title), insert the
following:
Sec. __. Of the funds appropriated under this Act under the
heading ``DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT-
Community Planning and Development-Community Development
Fund'', $400,000,000 shall not be available for expenditure
until $400,000,000 is made available to carry out section 107
of title IV, division B of Public Law 109-148.
The Acting CHAIRMAN. A point of order has been reserved by the
gentleman from Michigan.
Pursuant to the order of the House of today, the gentleman from Texas
(Mr. Brady) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. BRADY of Texas. Madam Chairman, I yield myself such time as I may
consume.
While I recognize the difficulty in making in order these amendments
because of the way the bill has been written, and rightly so, the
purpose of this amendment is to recognize that we ought not stick our
schools with the bill for educating our Katrina students.
Again, we have 47 States that are now educating students who fled
Hurricane Katrina. Our State, our communities are educating almost
40,000 of them. These schools were the first ones to open their doors
both as shelters, and then to try to provide some normalcy for these
families who had nothing to go back to. The schools and the teachers,
if you could have been there in Texas or in the other States to see
what these schools did to embrace these families, you would know the
importance that education has played in bringing some structure to
these families from Louisiana and Mississippi.
Unfortunately, in our earlier funding, while we recognized the need
to reimburse these schools, the number of students, almost 158,000 of
them, this body was not able to provide the minimum funding for them.
It looks like for this school year, we will come in somewhere less than
$4,000, around $4,000, yet the minimal expense is $6,000 as authorized
by Congress.
What this amendment does is, basically it does not cut money from any
area, but simply reserves $400 million from Community Development Block
Grant, it reserves that in abeyance until $400 million is provided to
all the States that are housing our Katrina students.
I will tell you again, every State has done a remarkable job. I am
very proud of Texas, very proud of southeast Texas and east Texas and
these schools and what they have done. I just think it is wrong when
they have very little money as it is to require them to perhaps raise
taxes or take money from other vital programs in order to do the right
thing for our Louisiana and Mississippi neighbors. We ought not treat
schools and communities, I think, with such disdain.
This amendment is designed to raise the profile of our schools, to
say thank you for the work that you are doing, and to attempt to
provide some minimal reimbursement across the country for these schools
for the work they are doing for our Katrina students.
Ms. JACKSON-LEE of Texas. Madam Chairman, will the gentleman yield?
Mr. BRADY of Texas. I yield to the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. I want to congratulate the gentleman for
the approach he has taken. This is an amendment that covers schools
across the Nation. I want to remind my colleagues that the Katrina
survivors were evacuated to 44 States. Mr. Brady is right. We share
contiguous districts, with school districts that have willingly taken
in students.
But as I said in the earlier debate, we have opened schools actually.
We actually have new schools that welcomed children, Katrina survivors.
We provided enhanced resources, counselors
[[Page H1039]]
to assist as well, and we do it willingly. What we are saying is that
we are already suffering as it relates to public education in America.
This instance provides added support for a particularly fragile
situation and a necessary situation, and I support the gentleman's
amendment.
Mr. BRADY of Texas. Again, I appreciate the work this Appropriations
Committee has done to help provide reimbursement for schools. We are
hoping to get for this school year that full funding to help them.
Madam Chairman, I yield back the balance of my time.
Point of Order
Mr. LEWIS of California. Madam Chairman, I make a point of order
against the amendment because it proposes to change existing law and
constitutes legislation on an appropriations bill, and therefore
violates clause 2 of rule XXI. The rule states in pertinent part:
``An amendment to a general appropriations bill shall not be in order
if changing existing law.''
This amendment states a legislative condition, and I am asking for a
ruling of the Chair.
The Acting CHAIRMAN. Does any Member wish to be heard on the point of
order?
If not, the Chair will rule.
Mr. BRADY of Texas. Madam Chairman, while I may not agree, I concede
the point of order.
The Acting CHAIRMAN. The point of order is conceded and sustained.
The amendment is not in order.
Mr. OBEY. Madam Chairman, I move to strike the last word.
I would simply like to make one observation. Scheduling of
legislation is done by the majority party. I have, I think it is fair
to say, given procedural cooperation every step of the way to see to it
that before the House leaves for yet another recess, that we will
finish this supplemental appropriation bill.
I am Irish, and French, and a few other things. And like a number of
other people, I was invited to the Irish Embassy tonight because this
is close to Saint Patrick's Day. I turned that invitation down because
I knew that we would be here tonight having to work on this bill. And
even though my own party had an event tonight, we have agreed to stay
here and continue to work on this bill, and we are staying considerably
later than we had first agreed to, but we are trying to finish these
amendments so that Members can get out of here at a reasonable time
tomorrow, hopefully late tomorrow afternoon instead of into the
evening. That is why we are staying here late tonight.
Now I discover that there is one amendment that could have been
offered tonight, but we are told that we can't offer it because the
member of the Appropriations Committee on the majority side who wants
to handle it is, guess where? At the Irish Embassy.
Well, I would simply suggest that I don't mind somebody else enjoying
themselves, but I do suggest that if Members of the minority are
expected to be here, if members of the Appropriations Committee on the
minority side are expected to be here, I do think it is too much to ask
that the party setting the schedule expect the same thing of Members on
its side.
Mr. LEWIS of California. Madam Chairman, will the gentleman yield?
Mr. OBEY. I would be happy to yield to the gentleman from California.
Well, no, I wouldn't be happy to, but I will.
Mr. LEWIS of California. I must say that the gentleman came over to
this side to chat with me about this circumstance a while ago, and as I
was listening, people keep buzzing other things in my ear. I thought he
was making jest about the gentleman from Michigan, but he was talking
about another gentleman who thinks he is more Irish than we are who may
be elsewhere.
In the meantime, I told the gentleman that my mother's name is
O'Farrell, and I am as disconcerted as he is. So I must say to the
gentleman that I truly am sorry that you and I are not there together.
Mr. OBEY. Well, I am truly sorry we can't make as much progress on
this bill tonight as I had hoped we would be able to make, but I find
some of the reasons for that to be quite interesting.
And, Madam Chairman, I am going to ask unanimous consent that we
might move to another amendment by Mr. Melancon at the end of the bill.
Mr. LEWIS of California. If the gentleman will yield, I am happy to
do that, but also, if you wanted to take up the other amendment, I
would be glad to stand in for the other gentleman who is not here.
Mr. OBEY. We will wait until he is here.
Amendment Offered by Mr. Melancon
Mr. MELANCON. Madam Chairman, I ask unanimous consent to offer an
amendment out of order.
The Acting CHAIRMAN. Is there objection to offering the amendment at
this point?
There was no objection.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Melancon:
At the end of title III (before the short title), add the
following new title:
TITLE IV--LOUISIANA HURRICANES AGRICULTURAL DISASTER RELIEF
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Louisiana Hurricanes
Agricultural Disaster Relief Act of 2006''.
SEC. 4002. APPLICATION TO LOUISIANA PARISHES DESIGNATED AS
DISASTER AREAS DUE TO HURRICANE KATRINA,
HURRICANE RITA, OR RELATED CONDITIONS.
In this title, the term ``disaster parish'' means a parish
in the State of Louisiana, all or a portion of which is
included in the geographic area covered by a natural disaster
declaration--
(1) made by the Secretary of Agriculture under section
321(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)) due to Hurricane Katrina, Hurricane Rita, or
related conditions; or
(2) made by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) due to Hurricane Katrina, Hurricane Rita, or related
conditions.
SEC. 4003. CROP DISASTER ASSISTANCE.
(a) Emergency Financial Assistance.--Notwithstanding
section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(7)), the Secretary of Agriculture shall use
$25,000,000 of the funds of the Commodity Credit Corporation
to make emergency financial assistance authorized under this
section available to producers on a farm in a disaster parish
(other than producers of sugar cane) that have incurred
qualifying crop or quality losses for the 2005 crop of an
insurable commodity or noninsurable commodity due to
Hurricane Katrina, Hurricane Rita, or a related condition. In
the case strawberries, assistance under this section shall be
available for the 2005 and 2006 crops for damages to such
crops due to Hurricane Katrina, Hurricane Rita, or a related
condition.
(b) Administration.--The Secretary of Agriculture shall
make assistance available under this section in the same
manner as provided under section 815 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-55), including using the same loss thresholds for
the quantity and quality losses as were used in administering
that section.
(c) Ineligibility for Assistance.--Except as provided in
subsection (d), the producers on a farm shall not be eligible
for assistance under this section with respect to losses to
an insurable commodity or noninsurable commodity if the
producers on the farm--
(1) in the case of an insurable commodity, did not obtain a
policy or plan of insurance for the insurable commodity under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for
the crop incurring the losses;
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the
crop incurring the losses;
(3) had adjusted gross incomes, as defined by section 1001D
of the Food Security Act of 1985, of greater than $2,500,000
in 2004; or
(4) were not in compliance with highly erodible land
conservation and wetland conservation provisions.
(d) Contract Waiver.--The Secretary of Agriculture may
waive subsection (c) with respect to the producers on a farm
if the producers enter into a contract with the Secretary
under which the producers agree--
(1) in the case of all insurable commodities produced on
the farm for each of the next two crop years--
(A) to obtain additional coverage for those commodities
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
and
(B) in the event of violation of the contract, to repay to
the Secretary any payment received under this section; and
(2) in the case of all noninsurable commodities produced on
the farm for each of the next two crop or calendar years, as
applicable--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing deadline,
for those commodities
[[Page H1040]]
under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333); and
(B) in the event of violation of the contract, to repay to
the Secretary any payment received under this section.
(e) Payment Limitations.--
(1) Limit on amount of assistance.--Assistance provided
under this section to a producer for losses to a crop,
together with the amounts specified in paragraph (2)
applicable to the same crop, may not exceed 95 percent of
what the value of the crop would have been in the absence of
the losses, as estimated by the Secretary of Agriculture.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the following:
(A) Any crop insurance payment made under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) or payment under
section 196 of the Federal Agricultural Improvement and
Reform Act of 1996 (7 U.S.C. 7333) that the producer receives
for losses to the same crop.
(B) The value of the crop that was not lost (if any), as
estimated by the Secretary.
(f) Definitions.--In this section:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(2) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for
which the producers on a farm are eligible to obtain a policy
or plan of insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(3) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on
a farm are eligible to obtain assistance under section 196 of
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
SEC. 4004. SUPPLEMENTAL DIRECT PAYMENTS FOR COVERED
COMMODITIES.
(a) Payments Required.--The Secretary of Agriculture shall
make payments to producers on a farm eligible for direct
payments for the 2005 crop of a covered commodity under
section 1103 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7913) if--
(1) the farm is located in a disaster county; or
(2) the producers on the farm have incurred qualifying crop
losses with respect to the 2005 crop of a covered commodity
due to damaging weather or related condition, as determined
by the Secretary, using the same loss thresholds for the
quantity and quality losses as were used in administering
section 815 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
2001 (Public Law 106-387; 114 Stat. 1549, 1549A-55).
(b) Amount.--The amount of the payment made to the
producers on a farm under this section shall be equal to 100
percent of the amount of the direct payment the producers on
the farm are eligible to receive for the 2005 crop under
section 1103 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7913).
(c) Crop Insurance.--As a condition of the receipt of a
payment under this section, the producers on the farm shall
enter into a contract with the Secretary of Agriculture under
which the producers on the farm agree--
(1) in the case of the covered commodity and all other
insurable commodities produced on the farm for each of the
next two crop years--
(A) to obtain at least catastrophic risk protection
coverage for those commodities under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.); and
(B) in the event of violation of the contract, to repay to
the Secretary any payment received under this section; and
(2) in the case of all eligible noninsurable commodities
produced on the farm for each of the next two crop or
calendar years, as applicable--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing deadline,
for those commodities under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333); and
(B) in the event of violation of the contract, to repay to
the Secretary any payment received under this section.
(d) Administration.--For purposes of sections 1001 through
1001F of the Food Security Act of 1985 (7 U.S.C. 1308 et
seq.), payments received under this section shall be
considered direct payments made to a person under subtitle A
of title I of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7911 et seq.).
(e) Relation to Other Assistance.--A person that elects to
receive payments under this section for a covered commodity
is not eligible for crop disaster assistance under section
4003 for the same commodity.
(f) Time for Payment.--The Secretary shall make payments
under this section as soon as practicable after the date of
enactment of this Act.
SEC. 4005. SUGARCANE DISASTER ASSISTANCE.
(a) Compensation for Losses.--In the case of first
processors of sugarcane that operate in a disaster parish, or
obtain sugarcane from a disaster parish, and that are
eligible to obtain a loan under section 156(a) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(a)), the Secretary of Agriculture shall use the funds,
facilities, and authorities of the Commodity Credit
Corporation to make assistance available to such first
processors, in the form of monetary payments or commodities
in the inventory of the Commodity Credit Corporation derived
from carrying out that section, to compensate producers and
first processors for crop and other losses due to Hurricane
Katrina, Hurricane Rita, or related conditions.
(b) Administration.--Assistance under subsection (a) shall
be--
(1) shared by an affected first processor with affected
producers that provide commodities to the processor in a
manner that reflects contracts entered into between the
processor and the producers, except with respect to a portion
of the amount of total assistance described under subsection
(c) necessary to compensate affected producers for individual
losses experienced by such producers, including losses due to
saltwater intrusion, flooding, wind damage, or increased
planting, replanting or harvesting costs, which shall be
transferred by the first processor to the affected producers
without regard to contractual share arrangements; and
(2) made available under such terms and conditions as the
Secretary of Agriculture determines are necessary to carry
out subsection (a).
(c) Amount of Assistance.--To carry out subsection (a), the
Secretary of Agriculture shall--
(1) convey to first processors described in subsection (a)
689,441 tons of commodities in the inventory of the Commodity
Credit Corporation derived from carrying out section 156(a)
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7272(a));
(2) make monetary payments to the first processor in an
aggregate amount equal to the domestic market value of the
quantity of commodities specified in paragraph (1); or
(3) take any combination of actions described in paragraphs
(1) and (2) using commodities or monetary payments.
(d) Loss Determination.--In carrying out subsection (a),
the Secretary of Agriculture shall use the same base year to
determine crop loss that was elected by a producer to
determine crop loss in carrying out the Hurricane Assistance
Program authorized under section 207 of the Agricultural
Assistance Act of 2003 (title II of division N of Public Law
108-7; 16 U.S.C. 3801 note).
(e) Marketing Recovery Assistance.--Effective for the 2005
crop of a commodity eligible for a loan under section 156(a)
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7272(a)) or until such time that the Secretary
determines that the transportation, handling, and refining
sectors are sufficiently recovered to allow for an orderly
marketing of a crop of such commodity, the Secretary shall--
(1) not charge interest on a loan made under section 156(a)
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7272(a));
(2) use such sums as are necessary of the funds of the
Commodity Credit Corporation to pay storage, including any
handling and associated costs, with respect to such
commodity; and
(3) use such sums as are necessary of the funds of the
Commodity Credit Corporation to compensate first processors
for costs associated with transporting such commodity via
tractor trailer to refineries located at New Orleans,
Louisiana, or via ocean-going vessel to refineries located at
Savannah, Georgia, Baltimore, Maryland, or Yonkers, New York.
(f) Limitation.--The Secretary of Agriculture shall provide
assistance under subsections (a) and (e) only in a State
described in section 359f(c)(1)(A) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(A)).
SEC. 4006. COMPENSATION FOR INFRASTRUCTURE LOSSES.
(a) Infrastructure Losses.--Out of any funds in the
Treasury not otherwise appropriated, there is appropriated to
the Secretary of Agriculture, $40,000,000 to compensate
agricultural producers on a farm operating in a disaster
parish for costs incurred to repair or replace barns and
other structures, equipment, and fencing that--
(1) was used to produce an agricultural commodity; and
(2) was damaged or destroyed by Hurricane Katrina,
Hurricane Rita, or related conditions or in responding to the
aftermath of the hurricanes.
(b) Timing of Assistance.--The Secretary of Agriculture may
provide assistance authorized under this section in the form
of--
(1) reimbursement for eligible repair or replacement costs
previously incurred by producers; or
(2) cash or in-kind assistance in advance of the producer
undertaking the needed repair or replacement work.
(c) Payment Limitations.--Assistance provided under this
section to a producer for a repair or replacement project,
together with amounts received for the same project from
insurance proceeds, section or other sources, may not exceed
95 percent of the costs incurred to repair or replace the
damaged or destroyed structures, equipment, or fencing, as
estimated by the Secretary of Agriculture.
SEC. 4007. ASSISTANCE TO DAIRY AND LIVESTOCK PRODUCERS.
(a) Dairy Cattle Losses.--The Secretary of Agriculture
shall use $250,000 of funds of the Commodity Credit
Corporation to make
[[Page H1041]]
payments for dairy cattle losses of dairy producers in
disaster parishes due to Hurricane Katrina, Hurricane Rita,
or related conditions. To the maximum extent practicable, the
Secretary shall make assistance available under this
subsection in the same manner as provided under section 806
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387; 114 Stat. 1549A-51). A disaster parish
so declared by the President as a result of Hurricane Katrina
or Hurricane Rita in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170) that does not qualify for assistance
under this section shall be eligible for assistance in the
same manner as provided in section 203 of the Agricultural
Assistance Act of 2003 (title II of division N of Public Law
108-7; 16 U.S.C. 3801 note).
(b) Indemnity Program for Other Livestock Losses.--The
Secretary of Agriculture shall use $11,000,000 of the funds
of the Commodity Credit Corporation to carry out a livestock
indemnity program to make payments to producers on farms in
disaster parishes that have incurred livestock losses, not
covered by subsection (a), due to Hurricane Katrina,
Hurricane Rita, or related conditions. To the maximum extent
practicable, the Secretary shall use the criteria established
under the program referred to under the heading ``livestock
indemnity program'' in chapter 1 of title I of the 1999
Emergency Supplemental Appropriations Act (Public Law 106-31;
113 Stat. 59), except that the Secretary shall use a payment
rate of $1,000 per head of cattle and shall not impose any
limitation on the maximum amount of payments that a producer
may receive under this subsection.
(c) Dairy Production Losses.--The Secretary of Agriculture
shall use $5,000,000 of funds of the Commodity Credit
Corporation to compensate dairy producers operating in
disaster parishes for dairy production losses and dairy
spoilage losses incurred in the aftermath of Hurricane
Katrina or Hurricane Rita.
(d) Livestock Compensation Program.--The Secretary of
Agriculture shall use $5,000,000 of the funds of the
Commodity Credit Corporation to carry out a livestock
compensation program to make payments for livestock-related
losses, not covered by subsection (b), in disaster parishes
due to Hurricane Katrina, Hurricane Rita, or related
conditions. To the maximum extent practicable, the Secretary
shall use the criteria established under the program referred
to in section 203(a) of the Agricultural Assistance Act of
2003 (title II of division N of Public Law 108-7; 16 U.S.C.
3801 note), except that the Secretary shall not impose any
limitation on the maximum amount of payments that a producer
may receive under this subsection.
(e) Emergency Animal Health and Forage Costs.--The
Secretary of Agriculture shall use $4,375,000 of funds of the
Commodity Credit Corporation to compensate dairy producers
operating in disaster parishes for emergency dairy cattle
health costs and increased forage costs due to a 30- to 90-
day delay in planning in the aftermath of Hurricane Katrina
or Hurricane Rita.
SEC. 4008. ANIMALS COVERED UNDER LIVESTOCK ASSISTANCE
PROGRAMS.
(a) Inclusion of Horses Under Assistance Programs.--In
carrying out a livestock assistance, compensation, or feed
program, the Secretary of Agriculture shall include horses
within the definition of livestock covered by the program.
(b) Emergency Livestock Feed Assistance.--Section 602(2) of
the Agricultural Act of 1949 (7 U.S.C. 1471(2)) is amended--
(1) by inserting ``horses,'' after ``bison,''; and
(2) by striking ``equine animals used for food or in the
production of food''.
(c) Livestock Assistance Program.--Section 806 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387; 114 Stat. 1549A-51), is amended by inserting
``(including losses to elk, reindeer, bison, and horses)''
after ``livestock losses''.
(d) Livestock Producer Assistance.--Section 10104(a) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
1472(a)) is amended by striking ``and bison'' and inserting
``bison, and horses''.
(e) Livestock Assistance Programs.--Section 203(d)(2) of
the Agricultural Assistance Act of 2003 (Public Law 108-7;
117 Stat. 541) is amended by striking ``and bison'' and
inserting ``bison, and horses''.
(f) Applicability.--This section and the amendments made by
this section apply to losses resulting from a disaster that
occurs on or after August 28, 2005. This section and the
amendments made by this section do not apply to losses
resulting from a disaster that occurred before that date.
SEC. 4009. ASSISTANCE FOR DOMESTIC AQUICULTURE PRODUCERS.
The Secretary of Agriculture shall use $45,000,000 of funds
of the Commodity Credit Corporation to carry out a program to
make payments to producers for the loss of crawfish, turtles,
and other aquacultural commodities in disaster parishes.
SEC. 4010. EMERGENCY CITRUS DISASTER, NURSERY CROP AND
CHRISTMAS TREE DISASTER, AND STRAWBERRY,
HORTICULTURAL CROPS, FALL FRUITS AND VEGETABLES
DISASTER PROGRAMS.
(a) Programs Required.--The Secretary of Agriculture shall
transfer to the fund established by section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c), $45,000,000 of funds of the
Commodity Credit Corporation to carry out a Citrus Disaster
Program, Nursery Crop and Christmas Tree Disaster Program,
and Strawberry, Horticultural Crops, Fall Fruits and
Vegetables Program in disaster parishes due to Hurricane
Katrina, Hurricane Rita, or related conditions.
(b) Administration.--
(1) In general.--Except as otherwise provided in this
subsection, the disaster programs required by subsection (a)
shall be carried out by the Secretary of Agriculture in the
same manner as the special disaster relief programs carried
out for producers who suffered from crop damage and tree
losses, and who had to perform related cleanup, in certain
areas of Florida due to Hurricanes Charley, Frances and
Jeanne during August and September 2004. Because of the
complete destruction of the business records of many
producers, the Secretary shall use the best available
information in determining eligibility, determining losses,
and calculating payment amounts under the programs.
(2) Special acreage compensation amount for citrus
losses.--Because of the complete loss of the Louisiana citrus
crop due to Hurricane Katrina and Hurricane Rita, the
Secretary shall use only Tier 1 of the Florida Citrus
Disaster Program in administering the Citrus Disaster Program
required by subsection (a), and the per acre compensation for
crop loss and associated tree damage in eligible groves of
citrus shall be $9,023 rather than $1,500.
(3) Special loss threshold and payment rate for
horticultural crops.--In the case of the Strawberry,
Horticultural Crops, Fall Fruits and Vegetables Program
required by subsection (a), the Secretary shall cover losses
greater than 35 percent, rather than 50 percent, and use a
single payment rate of $2,500 per acre for planted fruits and
vegetables.
(4) Special payment rate for severe nursery crop losses.--
In the case of nursery crop losses of greater than 25 percent
under the Nursery Crop and Christmas Tree Disaster Program
required by subsection (a), the Secretary shall pay 75
percent of the actual dollar amount loss, rather than 25
percent.
(5) Payment limitations.--The Secretary shall not impose
any limitation on the maximum amount of payments that a
producer may receive under a program required by subsection
(a).
(c) Relation to Other Assistance.--Persons that receive
payments from section 32 of the Act of August 24, 1935,
pursuant to a disaster program required by subsection (a) are
not eligible for payments for qualifying crop or quality
losses under the general crop disaster assistance authority
of section 4003.
SEC. 4011. CONSERVATION PROGRAMS.
(a) Temporary Sodbuster and Swampbuster Waiver.--Subtitles
B and C of title XII of the Food Security Act of 1985 (16
U.S.C. 3811 et seq.) shall not apply in a disaster parish
during the two-year period beginning on the date of enactment
of this Act.
(b) Debris Removal.--The Secretary of Agriculture may use
the Natural Resources Conservation Service to conduct debris-
removal activities on non-Federal forest land, with the
permission of the owner of the land, in a disaster parish to
reduce the risk of future catastrophic wildfires that would
adversely affect watersheds and rural communities.
(c) Additional Emergency Watershed Protection Program
Funds.--The Secretary of Agriculture shall use an additional
$269,000,000 of the funds of the Commodity Credit Corporation
for the Emergency Watershed Protection Program to provide
additional funds for the repair of damages to waterways and
watersheds in disaster parishes resulting from Hurricane
Katrina or Hurricane Rita.
(d) Administrative Expenses.--Amounts made available under
subsections (c) and (d) shall be available to cover the
salaries and expenses of additional staff of the Department
of Agriculture hired or detailed to carry out this section.
SEC. 4012. TREE ASSISTANCE PROGRAM.
(a) Inclusion of Timber, Christmas Tree, and Pecan Crops.--
In administering the tree assistance program established
under sections 10201 through 10204 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.), the
Secretary of Agriculture shall provide $37,000,000 to forest
land owners who produce periodic crops of timber, Christmas
trees, or pecans for commercial purposes and who have
suffered tree losses in disaster parishes due to Hurricane
Katrina, Hurricane Rita, or related conditions
(b) Cost-Sharing Waivers.--
(1) Tree assistance program.--The cost-sharing requirements
of section 10203(1) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8203(1)) shall not apply to the
operation of the tree assistance program in disaster parishes
in response to Hurricane Katrina, Hurricane Rita, or related
conditions.
(2) Cooperative forestry assistance act.--The cost-sharing
requirements of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2101) shall not apply in disaster parishes
during the two-year period beginning on the date of enactment
of this Act.
(c) Relation to Other Assistance.--Persons that receive
payments from section 32 of the Act of August 24, 1935 (7
U.S.C. 612c),
[[Page H1042]]
pursuant to the Citrus Disaster Program required by section
4009 are not eligible for payments under the tree assistance
program.
(d) Additional State and Private Forestry Program Funds.--
The Secretary of Agriculture shall use an additional
$42,000,000 of the funds of the Commodity Credit Corporation
to support State and Private Forestry programs of the
Department of Agriculture to provide additional funds for the
restoration and rehabilitation of forest lands destroyed or
damaged by Hurricane Katrina or Hurricane Rita in disaster
parishes.
SEC. 4013. ADDITIONAL FUNDS FOR COOPERATIVE STATE RESEARCH,
EDUCATION, AND EXTENSION SERVICE.
The Secretary of Agriculture shall use an additional
$34,193,591 of the funds of the Commodity Credit Corporation
to support the research and education activities of the
Cooperative State Research, Education, and Extension Service
in disaster parishes. Of such amount, $9,060,000 shall be
made available to the Louisiana Agricultural Experiment
Station, $10,133,591 shall be made available to the Louisiana
Cooperative Extension Service, and $15,000,000 shall be made
available to the Louisiana State University Agricultural
Center to carry out the Hurricane Forestry Damage Research
Initiative.
SEC. 4014. WATER AND WASTE DISPOSAL LOAN AND GRANT PROGRAMS.
In the case of water or waste disposal grants or direct or
guaranteed loans under paragraph (1), (2), or (24) of section
306(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)) made in an area designated a major disaster
area by the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
section 343(a)(13)(B) of that Act and section 149(b) of the
Internal Code of 1986 shall not apply.
SEC. 4015. COMMUNITY FACILITIES LOAN AND GRANT PROGRAMS.
(a) In General.--In the case of community facility direct
and guaranteed loans under section 306(a)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)(1)) and community facility grants under paragraph
(19), (20), or (21) of section 306(a) of that Act made in an
area designated a major disaster area by the President under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), sections
306(a)(21)(A)(iv) and 343(a)(13)(C) of that Act and section
149(b) of the Internal Code of 1986 shall not apply.
(b) Restructuring.--A borrower receiving a guaranteed loan
or grant described in subsection (a) as of the date of
enactment of this Act may restructure the loan at new rates
and terms regardless of the status of the loan.
(c) Reduction of Guarantee Fee.--Notwithstanding any
provision of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1921 et seq.) (including associated regulations),
the Secretary of Agriculture may waive all or part of any fee
associated with a guaranteed loan described in subsection
(a).
SEC. 4016. RURAL COMMUNITY ADVANCEMENT FUNDS.
(a) In General.--Subject to subsection (b), in addition to
any other amounts made available by law, the Secretary of
Agriculture shall use--
(1) $120,000,000 to make water and waste disposal direct
loans under section 306(a)(1) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(1));
(2) $60,000,000 to make water and waste disposal grants
under section 306(a)(2) of that Act (7 U.S.C. 1926(a)(2));
(3) $10,000,000 to make water and waste disposal guaranteed
loans under section 306(a)(24) of that Act (7 U.S.C.
1926(a)(24));
(4) $20,000,000 to make emergency community water
assistance grants under section 306A of that Act (7 U.S.C.
1926a);
(5) $120,000,000 to make community facilities direct loans
under section 306(a)(1) of that Act (7 U.S.C. 1926(a)(1));
(6) $60,000,000 to make community facilities grants under
paragraph (19), (20), or (21) of section 306(a) of that Act
(7 U.S.C. 1926(a)); and
(7) $20,000,000 to make community facilities guaranteed
loans under section 306(a)(1) of that Act (7 U.S.C. 1926(a)).
(b) Requirement.--Loans and grants funded under this
section shall be available for projects in communities in the
State of Louisiana in areas that have been designated as
major disaster areas by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
SEC. 4017. FISHERIES DISASTER ASSISTANCE.
The following amounts are appropriated for the National
Oceanic and Atmospheric Administration, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2006:
(1) Fisheries disaster assistance.--In addition to amounts
appropriated or otherwise made available for such purpose,
$248,000,000, to remain available until expended, for a
direct, lump-sum grant to the Louisiana Department of
Wildlife and Fisheries for direct grants to Louisiana
harvesters and vessel owners to provide replacement of the
dockside values for all fishery resources in fisheries
impacted by Hurricane Katrina and Hurricane Rita. The
Secretary of Commerce shall make such amount available to the
Louisiana Department of Wildlife and Fisheries not more than
30 days after the date of enactment of this Act and may not
expend more than 2 percent of such amount for administration,
technical assistance, and operation related to such grant.
(2) Menhaden fisheries recovery.--In addition to amounts
appropriated or otherwise made available for such purpose,
$14,000,000, to remain available until expended, for a
direct, lump-sum grant to the Louisiana Department of
Wildlife and Fisheries for direct grants to Louisiana
harvesters and vessel owners to provide replacement for the
dockside values for the menhaden fisheries impacted by
Hurricane Katrina and Hurricane Rita.
(3) Louisiana oyster recovery.--In addition to amounts
appropriated or otherwise made available for such purpose,
$30,000,000, to remain available until expended, for a
direct, lump-sum grant to the Louisiana Oyster Task Force and
the Louisiana Department of Wildlife and Fisheries for the
complete rehabilitation of public oyster reefs under the
jurisdiction of Louisiana that were impacted by Hurricane
Katrina and Hurricane Rita. Of such amount, $1,000,000 shall
be made available for oyster hatcheries in Louisiana, and
$8,000,000 shall be made available for oyster lease
resurveying and oyster lease boundaries and for oyster lease
equipment and facilities.
(4) Fisheries infrastructure recovery.--In addition to
amounts appropriated or otherwise made available for such
purpose, $268,000,000, to remain available until expended,
for the establishment of strategically located emergency
fisheries infrastructure facilities to provide the dockside
infrastructure required for the delivery of fish products to
market in all fisheries impacted by Hurricane Katrina and
Hurricane Rita.
(5) Louisiana marine research recovery.--In addition to
amounts appropriated or otherwise made available for such
purpose, $14,000,000, to remain available until expended, for
a direct, lump-sum grant to the Louisiana Department of
Wildlife and Fisheries for the replacement of coastal and
marine research facilities impacted by Hurricane Katrina and
Hurricane Rita.
(6) Seafood marketing.--In addition to amounts appropriated
or otherwise made available for such purpose, $35,000,000,
including $1,500,000 for the Louisiana Oyster Task Force, to
remain available until expended, for a direct, lump-sum grant
to the Louisiana Seafood Promotion and Marketing Board to
rebuild markets for seafood products in fisheries impacted in
Hurricane Katrina and Hurricane Rita.
(7) Louisiana license renewal.--In addition to amounts
appropriated or otherwise made available for such purpose,
$16,500,000, to remain available until expended, for a
direct, lump-sum grant to the Louisiana Department of
Wildlife and Fisheries to provide license renewal fees for
commercial or recreational fishing license holders and to
provide oyster lease rent or renewal fees.
(8) Fisheries habitat.--In addition to amounts appropriated
or otherwise made available for such purpose, $10,000,000, to
remain available until expended, to restore and rehabilitate
marsh, nursery habitat for fish, shrimp, and crabs in
Louisiana.
(9) Severe weather forecasting and warning.--In addition to
amounts appropriated or otherwise made available for such
purpose, $4,000,000, to remain available until expended, for
the National Weather Service to ensure continued weather
forecasting services in areas that could be impacted by
hurricanes and other severe coastal weather events, including
floods. Such funds should be made available to the South
Regional Weather Center for hurricane forecasting and data
delivery during an emergency.
(10) Louisiana state university hurricane center.--In
addition to amounts appropriated or otherwise made available
for such purpose, $5,000,000, to remain available until
expended, to implement an emergency response decision support
system and expert guidance that is capable of rapid
deployment to support emergency response and recovery
activities, including scalable hurricane response
capabilities, in-place resources and readiness, integrated
modeling and information delivery systems, pre-defined
inventories of domain experts and resources, and an
infrastructure that may be adopted in all regions of the
Eastern United States that are impacted hurricanes and the
Caribbean region. Such system shall be integrated with
Federal and State response planning and shall be developed in
cooperation with universities in Louisiana.
SEC. 4018. WAIVER OF FEDERAL FISHERIES LAWS AND REGULATIONS.
The Secretary of Commerce shall waive the provisions of
any Federal law or regulation that requires the protection of
endangered or otherwise protected species in the immediate
waters impacted by Hurricane Katrina and Hurricane Rita. Such
waiver shall be effective for a 1-year period beginning on a
date determined by the Secretary, in consultation with the
head of the Louisiana Department of Wildlife and Fisheries.
SEC. 4019. EXEMPTION OF MOLLUSCAN SHELLFISH CULTURE
ACTIVITIES.
Section 9 of the National Aquaculture Act of 1980 (16
U.S.C. 2808) is amended by adding at the end the following:
``(c) Exemption for Molluscan Shellfish Culture
Activities.--Molluscan shellfish culture activities are not
prohibited by or otherwise subject to regulation under--
``(1) section 10 of the Act of March 3, 1899 (chapter 425;
33 U.S.C. 403), popularly known as the Rivers and Harbors
Appropriations Act of 1899; and
[[Page H1043]]
``(2) section 301(a), 402, or 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1311(a), 1342, 1344).''.
SEC. 4020. REGULATIONS.
(a) In General.--The Secretary of Agriculture may
promulgate such regulations as are necessary to implement
this title and the amendments made by this title.
(b) Procedure.--The promulgation of the regulations and
administration of this title and the amendments made by this
title shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying
out this section, the Secretary of Agriculture shall use the
authority provided under section 808 of title 5, United
States Code.
SEC. 4021. EMERGENCY DESIGNATION.
Amounts provided pursuant to this title or amendments made
by this title are designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
Mr. LEWIS of California. Madam Chairman, I reserve a point of order
on the gentleman's amendment.
The Acting CHAIRMAN. A point of order is reserved.
Pursuant to the order of the House of today, the gentleman from
Louisiana (Mr. Melancon) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. MELANCON. Madam Chairman, I rise today with an amendment that
deals with an area that was completely left out during the disaster
assistance to date, and that is agriculture and fisheries. The
gentleman from Texas talked about Texas and the damage to its
agriculture, to its forestries, to its fisheries, to its housing stock.
He mentioned 70,000 homes devastated or damaged in Texas. Katrina left
268,000 homes devastated or damaged in Louisiana.
I am not trying to make a comparison, I am just trying to make the
point that the devastation in Louisiana was beyond description, beyond
what anyone could comprehend without physically being on the ground and
seeing what has happened in Louisiana, Mississippi, Texas, and Alabama.
But we have got another problem in Louisiana. We have over $2 billion
worth of forestry, fisheries and agriculture that have been destroyed
and damaged. The infrastructure is gone. These numbers are based on
estimates of damage from the LSU Ag Center, and I have a list of those
crops and such, if any of the Members would wish to review it.
While many in Congress and the administration continue to put out
figures where assistance has been provided, we have had roughly $87
billion that has been appropriated. Of that $87 billion, I dare to
venture that 50 percent, or maybe even less, has hit the area, at least
in Louisiana. And that $87 billion that continues to be touted as spent
on damage for the hurricanes, Rita and Katrina, somewhere between
Washington and Louisiana, Mississippi, Alabama, Texas and, for that
matter, Florida, with Wilma, the money has not reached the people that
everyone believes it was intended to reach. There are a lot of
contractors making a lot of money, and there is a lot of people that
have had contracts with companies that had not even started that are
getting contracts.
So no direct assistance has been provided to agriculture, forestry,
fisheries in Louisiana and, to my knowledge, other than oysters getting
some funding, they have been shortchanged.
The bankers at Christmas were asking the farmers in Louisiana what
might the Congress do and the administration do to help them. For, you
see, these farmers were meeting with their bankers, who were telling
them that they can't loan them the money unless they know that they are
going to have some help from their government. So with that, we will be
folding up rural Louisiana, the agriculture community, the fisheries
community, and the forestry community, those items that drive the
economies in south Louisiana.
I had asked for a waiver yesterday. And, Mr. Chairman, as you are
aware, I didn't receive it. But I felt compelled to come to the floor,
as I did earlier. I believe that this Congress does not comprehend the
extensive enormity of the disaster, as I keep hearing from Members.
{time} 2145
I would like to again invite every Member of this Congress that has
not put a foot in Louisiana or Mississippi to come to see, to
understand, to talk to the people that have been devastated.
They are in Texas, too. They are in Alabama and Florida. But the
devastation that we have experienced is crippling to our State.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The Acting CHAIRMAN (Mrs. Drake). Is there objection to the request
of the gentleman from Louisiana?
There was no objection.
Amendment Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 73, line 10, after the dollar amount insert
``(increased by $800,000,000)''.
Mr. LEWIS of California. Madam Chairman, I reserve a point of order
on the gentlewoman's amendment.
The Acting CHAIRMAN. A point of order is reserved.
Pursuant to the order of the House of today, the gentlewoman from
Texas (Ms. Jackson-Lee) and the gentleman from Michigan (Mr.
Knollenberg) each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Madam Chairman, I yield myself such time as
I may consume.
I rise to discuss the amendment that I hope my colleagues will give
adequate consideration. The amendment is a simple one. It simply
intends to add $800 million to the amount of moneys to be utilized for
the repair and construction and rehabilitation of rental properties in
the impacted areas.
I am hoping that as my colleagues listen to some of the, if you will,
concerns that we have regarding housing assistance in the region and
the flexibility we are asking for they would see the legitimacy of
increasing the $1 billion to $1.8 billion. Rental housing impacts
people, and people are what are left in the gulf region, not
structures, not apartment buildings, but people. People who are without
trailers and, in many instances, without rental properties.
Many people would like to get into and repair their homes, but the
easier property to repair and reconstruct would be the rental
properties controlled by HUD. The impacted areas cover Mississippi,
Louisiana and Texas. For those of us who have been in the region, we
know that the region can be declared a war zone. The damage is
expansive.
I have walked along the streets of HUD projects, housing developments
in disrepair, empty, needing repair so people could return. This is so
in East Texas, Port Arthur, Beaumont and areas where Hurricane Rita
traveled, and it certainly has risen its face in the Gulf region and in
Mississippi.
I want to say to my colleagues that I appreciate the generosity and
the, if you will, insight of the ranking member and chairman of the
full committee and of the subcommittee dealing with housing and the
$4.2 billion and the ceiling, if you will, or the floor of $1 billion.
But this amendment goes to the expansiveness of the devastation and the
need for rental assistance and reconstruction.
Frankly, I think it is important to note that the $1.8 billion is not
too much and does not disallow flexibility of the remaining dollars.
I would hope if it was not necessary to use $1.8 billion, this
particular dollar amount would not need to be utilized, and that is
because the language says ``not less than.'' I hope that my colleagues
would support this amendment.
Madam Chairman, I reserve the balance of my time.
Mr. KNOLLENBERG. Madam Chairman, I yield myself such time as I may
consume.
Madam Speaker, the gulf States are free to use any of the CDBG funds
for
[[Page H1044]]
low-income housing. They can use all of the $4.2 billion, or even all
of the $11.5 billion that we provided last year. What we are trying to
do is provide the maximum amount of flexibility, flexibility just as we
did for New York City after 9/11 but still preserve the low-income
housing. This is all very, very important for the Governors.
In my view, we have already struck a good balance between flexibility
and housing, while still allowing other development activities such as
water and sewer construction business, development of transportation
planning and debris removal, which is a big, big thing, as you know. We
have allowed those things to go on.
I thank the gentlewoman for her interest, but I ask for a ``no''
vote.
Madam Chairman, I yield back the balance of my time.
Ms. JACKSON-LEE of Texas. Madam Chairman, I yield myself the balance
of my time.
Madam Speaker, I appreciate the spirit in which the gentleman has
offered his rebuttal. I realize these dollars go specifically to
reconstruction repair, but might I just use an anecdotal story to show
that housing reconstruction repair and rental assistance is really a
large chunk of the need in the gulf coast because people do not have
housing.
Frankly, just as anecdotal story, for the City of Houston, even in
apartments that we have been able to utilize, isn't it interesting that
we cannot even get moneys paid to landowners, apartment owners, for the
renters who are on the premises who are Hurricane Katrina survivors.
It is a slightly different issue, but it shows the magnitude of the
housing need. The 200,000 individuals that are in the Houston area are
mostly in rental property, and much of it would be subject at some
point to repair and reconstruction. The point of this increase is to
highlight the need for rental housing in the devastated areas and to
somehow seek some flexibility to be able to use dollars for rental
assistance.
I would ask Mr. Knollenberg and certainly the chairman of the
committee to recognize that this should be the beginning of our work
and not the end. Frankly, my plea is to provide rental assistance
dollars, because we are getting inadequate response from FEMA.
My amendment was offered to provide the increase because rental
housing overall is needed, but the specific need obviously is rental
assistance and its payments.
Madam Chairman, I seek to withdraw the amendment; and I look forward
to further opportunity to ensure that the City of Houston and other
cities similarly situated would allow for us to be able to get rental
assistance and payment for those 200,000 who are living in rental
properties through our city and throughout East Texas and other areas.
Madam Chairman, I ask unanimous consent to withdraw the amendment.
The Acting CHAIRMAN. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
Amendment Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 74, lines 3 through 8, strike ``the Secretary may
waive the requirement that activities benefit persons of low
and moderate income, except that'' and ``unless the Secretary
otherwise makes a finding of compelling need''.
Mr. KNOLLENBERG. Madam Chairman, I reserve a point of order on the
gentlewoman's amendment.
The Acting CHAIRMAN. A point of order is reserved.
Pursuant to the order of the House of today, the gentlewoman from
Texas (Ms. Jackson-Lee) and the gentleman from Michigan (Mr.
Knollenberg) each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Madam Chairman, I yield myself such time as
I may consume.
Madam Chairman, let me suggest that I respect the good intentions of
this waiver language. I understand that it addresses the question of
flexibility, but, frankly, I believe that it should be the other way
around. That, in fact, if the Secretary believes that there needs to be
more dollars to be utilized for other income levels other than low and
moderate, then the Secretary needs to make a compelling need request.
These moneys were designated for low and moderate income. That is the
bulk of the impact in the gulf coast region where the dollars are
needed. My fear is, with the ability to waive utilization of these
funds for low and moderate income, we will find these funds being
utilized for economic development projects, putting in various
extraneous matters that do not address the question of human needs.
This amendment simply says, let us get ourselves focused, let us get
back on the point, let us realize that the devastating impact is
impacting mostly people who have lost everything and fall into the
category of low and moderate. Therefore, I feel there would be little
reason to have to seek a waiver in the first place because the need is
pointed. It points to a certain income, and those were the most
devastated.
We realize there are other issues dealing with insurance where those
individuals who had insurance are now in conflict with insurance
companies who are denying them their insurance recovery. That is one
issue. But people who have lost everything mostly have fallen into the
category of low and moderate income. These dollars should be directed
toward that body of people and not directed elsewhere, therefore,
taking away important dollars for helping to rebuild the gulf coast.
Just walk down in the area, travel through the areas of Mississippi
and Louisiana, visit some of the eastern parts of Texas, and you will
find that the language that exists that deals with low and moderate
income is the appropriate language that will serve the housing and
other infrastructure needs of those who have been devastated along the
gulf coast. To allow waiver opportunity for the Secretary to change
that formula and to begin to use it for many, many other aspects will
take it away from the rebuilding and reconstruction of that area. I ask
my colleagues to support my amendment.
Madam Chairman, I reserve the balance of my time.
Mr. KNOLLENBERG. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, our intent was to provide funds with the maximum
flexibility to help all the people in the affected gulf coast region.
This is really again an issue for the Governors of the affected States.
The Secretary does not implement these plans. The Governors create the
plans, and they also spend the money. Our language does not allow the
Secretary to provide a blanket waiver of the low and moderate income
provision. He must give notice of the waiver and explain why he granted
such a waiver.
{time} 2200
I would urge a ``no'' vote on this amendment. I recognize the
gentlewoman is very much an advocate of emphasizing and focusing on the
low income, and I appreciate that. But what we need to do is to let the
States use these funds in the way that will best rebuild the devastated
areas.
Madam Chairman, I yield back the balance of my time.
Ms. JACKSON-LEE of Texas. Madam Chairman, I yield myself such time as
I might consume.
We can see that we are having enormously genteel dialogue here, Madam
Chairman. Again, I respect the argument of the flexibility being
offered by way of the States. I guess I speak very passionately from
what I have seen day-to-day in our local communities, our cities, and
the impact that they have experienced in not getting the dollars that
are necessary to provide the engine to their local economy as they play
host, willingly, of course, to thousands of survivors, including those
who are impacted by Rita. I believe those dollars should be focused on
low and moderate income and frankly, when necessary, then the waiver
should be from the ground up, rather than top down. And so I would ask
my colleagues to support this amendment.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mrs. Drake). The question is on the amendment
offered by the gentlewoman from Texas (Ms. Jackson-Lee).
The amendment was rejected.
[[Page H1045]]
Ms. JACKSON-LEE of Texas. Madam Chairman, I would like to ask for the
yeas and nays.
The Acting CHAIRMAN. The gentlewoman's request is not timely.
Amendment Offered by Mr. Taylor of Mississippi
Mr. TAYLOR of Mississippi. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Taylor of Mississippi:
Page 65, line 10, after the dollar amount, insert the
following: ``(increased by $15,890,000)''.
Page 65, line 24, after the dollar amount, insert the
following: ``(increased by $40,000,000)''.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Mississippi (Mr. Taylor) and the gentleman from
California (Mr. Lewis) each will control 5 minutes.
The Chair recognizes the gentleman from Mississippi.
Mr. TAYLOR of Mississippi. Madam Chairman, may I ask the Clerk to
read the amendment? It is a very short amendment.
The Acting CHAIRMAN. Without objection, the amendment shall be read.
There was no objection.
The Clerk read the amendment.
Mr. TAYLOR of Mississippi. Madam Chairman, the President of the
United States came to Bay St. Louis, Mississippi about a month ago. He
stood on the floor of the gymnasium at Saint Stanislas High School and
made a solemn pledge to the people of Mississippi that he would repair
every Federal installation to pre-Katrina standards. In this
supplemental request that he sent to Congress, the President seeks to
fulfill a part of that pledge by rebuilding the commissaries at Keesler
Air Force Base, and at the Navy Construction Battalion in Gulfport,
Mississippi. The funds he requested would get them back to their pre-
Katrina standards.
It is my understanding that in committee, there were some concerns
expressed that because these are normally MWR funds, that there was not
a precedent for appropriated funds being used to repair MWR facilities.
I have provided to both the majority and the minority a lengthy list of
precedents where appropriated funds have been used on military
installations to repair MWR facilities.
I also understand that there were concerns about the authorization
for this. Again, on the publications that I have given to both the
majority and the minority, we point out Title 10 USC, 2854, it
authorizes appropriated funds to ``repair, restore or replace''
facilities damaged or destroyed by acts of God, natural disasters, fire
or terrorism, even MWR facilities normally constructed with non
appropriated funds which was incorporated in DOD policy, DOD 1015.10.
Madam Chairman, since, again, this is the President's request, it is
for facilities that were clearly destroyed by an act of God at the end
of August of 2005, that we have fulfilled the requirements of the
committee to show that again, there was precedent for this, it is
authorized, it is the President's request and, quite frankly, the
people who shop at that commissary, up to 20,000 young airmen, tens of
thousands of military retirees who paid their dues in Korea, in
Vietnam. Some of our World War II veterans still shop there, Gulf War
veterans shop there, and it is only trying to do for them what was
promised to them. They have made due with a very, very small commissary
that the base has funded with one of these small appropriations since
the storm. We are trying to put the base back like it was. The base was
spared in the BRAC rounds. It is actually going to grow a bit as a
result of BRAC. And so for any number of good reasons, we are put
trying to put this back, the appropriations sought by the President
back in this bill.
Madam Chairman, I reserve the balance of my time.
Mr. LEWIS of California. Madam Chairman, the Air Force and the Navy
together requested $55.9 million for base exchange projects at Keesler
Air Force base, and the Naval Construction Battalion Center Gulfport in
Mississippi. The request for Keesler was $40 million. The request for
two projects at Gulfport, $15.9 million. The committee has not included
funding for these facilities. Base exchanges, including construction,
are typically resourced through non appropriated funds. The exchanges
use their sales revenue to fund their operations as well as their
capital costs.
Congress provided $3.8 million to construct a temporary exchange at
Keesler in December in the December supplemental. But now we are being
asked to build a permanent facility at over 10 times that cost.
The committee is concerned about setting a precedent for using
military construction funds for exchanges. We have been told that the
Army and Air Force Exchange Service has a $251 million capital budget
for Fiscal Year 2006, and the Navy Exchange has a capital budget of $68
million. We believe that they should first look to their capital
budgets to prioritize and fund these projects.
The committee is also concerned about the exchanges policy of self
insuring these facilities. This means that when a disaster happens,
like Hurricane Katrina, a fire and so forth, the taxpayers will be
forced to foot the bill. That is why we had directed the Department of
Defense to take a hard look at the possibility of privately insuring
these facilities. We don't tell AAFES or NEX what to do with their non
appropriated funds. But we are concerned about them passing on these
risks and costs to taxpayers. The committee will continue to take a
look at this issue as we go into conference with the Senate. But at
this point, I must oppose the gentleman's amendment. I very much
appreciate the gentleman's cooperation and would appreciate his further
cooperation.
I yield back the balance of my time.
Mr. TAYLOR of Mississippi. Madam Chairman, again, I appreciate,
number one, both the majority and the minority giving me the
opportunity to bring this amendment up tonight. To the point that the
chairman raised, I have served on the authorizing committee for about
16 years now. In the span of that 16 years, I don't ever recall a
request from our colleagues on appropriation to pass language to either
force or encourage the commissaries to be self-insured. And I think I
am pretty keen on this issue and I am pretty confident in saying we
have never received a request from your committee to do that. So now
that the President is willing to make this commissary whole, that
obviously the need is there, that it was indeed an act of God, that it
is authorized, I find it strange that at this time Keesler Air Force
base and AAFES would be punished for not fulfilling a request that they
never got.
On the other hand, I think we could fulfill requirements of the
President's request, fulfill what is best for AAFES, fulfill what is
best for the airmen, for the retirees and the active duty personnel.
The people who flew the missions into the hurricane shop at this
commissary. People who fly missions in Iraq shop at this commissary. It
is a part of their compensation that was promised. It is a part of the
compensation that has been denied.
Anyone who has visited Mississippi gulf coast knows that the shopping
opportunities in the private sector have been greatly diminished as a
result of the storm. So you can't say just go out in town, because in
the case of Waveland, Mississippi, in the case of Bay St. Louis
Mississippi, Long Beach, Mississippi, Pass Christian, Mississippi,
those stores are no longer there. So for all of those reasons, I would
encourage my colleagues to put back the money that the President has
asked for.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Mississippi (Mr. Taylor).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. TAYLOR of Mississippi. Madam Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Mississippi
(Mr. Taylor) will be postponed.
{time} 2215
Amendment Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Madam Chairman, I ask unanimous consent to
[[Page H1046]]
now call up the election amendment regarding gulf coast elections.
The Acting CHAIRMAN (Mrs. Drake). Is there objection to the request
of the gentlewoman from Texas?
There was no objection.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Ms. Jackson-Lee of Texas:
At the end of the bill, and before the short title, insert
the following:
Sec. 3013. None of the funds made available by this Act may
be used to prohibit registered and legal, but displaced,
residents of the Gulf Coast region from the right to legally
vote in any officially designated election of the Gulf Coast
region.
Mr. WOLF. In the interest of time, if this is the one with regard to
the election, we accept the amendment.
Ms. JACKSON-LEE of Texas. Madam Chairman, if I may have a moment of
explanation, I thank the gentleman for his acceptance.
The Acting CHAIRMAN (Mrs. Drake). Pursuant to the order of the House
today, the gentlewoman from Texas (Ms. Jackson-Lee) and a Member
opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Madam Chairman, I thank the distinguished
Chair. I thank also the chairman of the subcommittee, Mr. Wolf, for his
generosity.
Let me just be brief, but also be very pointed. We have a number of
difficulties in the gulf region, for many of us who serve on the
Homeland Security Committee had the opportunity to travel on several
occasions to the region, most recently, with Speaker Hastert and Leader
Pelosi, and heard a number of concerns. One of the major concerns, of
course, was the pending election in New Orleans, Louisiana, on April
22, dealing with a number of challenges to ensure, one vote, one
person.
This amendment simply argues against any Federal dollars being used
to prohibit the legal voting of any displaced persons. I hope in the
course of this amendment passing through, that we will find at least
support in the Department of Justice to assist with the number of
issues deal with absentee balloting, dealing with satellite voting,
dealing with making sure that the precincts are in place and also
making sure that many of the thousands of individuals living in
Houston, Texas, who claim Louisiana as a residence and New Orleans as
their residence, are facilitated in their right to vote.
I would hope that no dollars be utilized by the State, by the local
authorities and FEMA to thwart or prohibit anyone from voting on that
day or any days after in Alabama, Mississippi, Texas and Louisiana and
other impacted States.
With that, let me ask my colleagues to support this amendment to
ensure one person, one vote, and to ensure the utilization of the Voter
Rights Act in protecting the rights of individuals to vote.
Madam Chairman, I reserve the balance of my time.
Mr. WOLF. We have no objection and support the amendment.
Ms. JACKSON-LEE of Texas. Madam Chairman, I thank my colleague and I
ask my colleagues to support the amendment.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson-Lee).
The amendment was agreed to.
Amendment Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Madam Chairman, I offer an amendment and
ask unanimous consent that it be considered out of order.
The Acting CHAIRMAN. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Ms. Jackson-Lee of Texas:
At the end of the bill (before the short title), insert the
following new section:
Sec. __.
None of the funds made available in this Act may be used to
prohibit the approval of disaster loans under section 7(b) of
the Small Business Act (15 U.S.C. 636(b)) at a rate of at
least 70 percent.
Mr. LEWIS of California. Madam Chairman, I reserve a point of order
on the gentlewoman's amendment.
The Acting CHAIRMAN. A point of order is reserved.
Pursuant to the order of the House of today, the gentlewoman from
Texas (Ms. Jackson-Lee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Madam Chairman, I thank the Chairwoman very
much. This is an amendment that really, I would ask my colleagues in
another time and another day, to waive the point of order. But I rise
to make the point on the amendment. I really believe that this Congress
should join together and admonish the Small Business Administration and
make it work for the people it was intended to work for.
A lot of the people who are impacted by the hurricane are now living
in Houston, Texas. Of course, the actions of the SBA not only impact
them, but impact my constituents. We are finding that there has been an
almost 80 percent rejection rate of those individuals requesting a
small business disaster loan.
I stood and listened to a gentleman by the name of Alvin, who before
the hurricane had a business in his home. He was doing what he thought
well and beginning to have a very effective small business. He
obviously lost everything, including his home and his equipment for his
business. He now comes and lives in Houston, comes to Houston and lives
there in Houston. In order to get on his feet, he applied for a small
business loan and was denied.
In a report we have determined just recently, that will be released
today, that business and home loan approval rates average about 60
percent after Hurricane Andrew devastated much of South Florida in
1992, the trend continued through the rest of this administration and
into the present administration, or the first George Bush
administration, and into the Clinton administration. But, however, we
have seen these numbers go decidedly down, in terms of the ability for
individuals to have small business loans.
In Louisiana, for example, nearly three in five applicants could not
meet credit standards, the SBA said. Another one in four said they
couldn't replay the loans. One in ten didn't make enough money. The
question is, what are these small business loans for if other than to
allow small business persons to get on their feet and to be able to
establish their business and to repay the loans back.
Over and over again, individuals have applied for the loans and been
denied. The SBA has drawn the ire of many lawmakers last month when it
announced it was almost out of disaster loan money. Lawmakers gave the
green light to the SBA to spend $100 million in early February. Late in
the month, the Senate approved additional monies. But, frankly, the
moneys are not getting to large numbers of small business owners. So
this amendment simply asks that the approval rate during this time not
be lower than 70 percent; that small business owners have the right to
be able to be reviewed in a fashion that acknowledges that they have
lost all that they have had, and that this loan gives them the
opportunity to regenerate their business, become independent, and pay
the loan back.
It is silly in the interpretation of the various SBA statutes to
insist that someone show themselves creditworthy when they have lost
everything. So the amendment really points out to the failures of the
SBA at this time, and I think it is appropriate that Congress makes
notice of this and asks for a consideration of the many people who have
applied and who have been denied. That is the only way we are going to
allow people to get on their feet.
Madam Chairman, let me just say that this amendment is to make a very
pointed statement on this floor: The SBA is not working as relates to
disaster loans and the people that it most needs to help. I would hope
we would have intense oversight to begin to insist that the loan
process works fairly to restore people to their feet.
Madam Chairman, as of February, months the Small Business
Administration had issued $4.12 billion in disaster assistance loans to
homeowners and businesses in declared disaster areas, processing
214,000 applications.
[[Page H1047]]
It has approved approximately $1 billion in loans to businesses
surviving the destructive attacks by hurricanes in 2005.
In my district of Houston: 55 disaster home loans approved for
$727,000; 27 disaster business loans approved for $1,750,800; 17
disaster economic injury loans approved for $750,100; and 99 total
disaster loans approved for $3,227,900.
If one just looks at the agency's performance on the surface it would
appear that agency is performing well. However, upon closer inspection,
citing Louisiana as a case study, reports indicate that of the roughly
185,000 applications made on behalf of homeowners, a shocking 60,000
were denied. The SBA is distributing a large amount of aid, but that
aid is not reaching all of those in serious need. This is evident by
the House Minority Small Business Committee's statement that 80 percent
of overall disaster loans have been denied.
My amendment requires of the Small Business Agency that no funds
prohibit the approval of disaster loans at a rate of at least 70
percent. The destruction caused by the hurricanes occurred on an
unprecedented scale, and the SBA should be approving disaster loans
with unprecedented efficiency. SBA disaster loans offer people who have
lost everything a chance to rebuild their life. It gives the survivors
of Rita, Katrina and Wilma the hope that one day they can be
contributing members of society.
Madam Chairman, I ask unanimous consent to withdraw my amendment, and
continue to work on this matter to ensure that small business loans go
to small business persons for them to be able to rebuild their lives
throughout the gulf region, including the State of Texas.
The Acting CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
Amendment Offered by Mr. Conaway
Mr. CONAWAY. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Conaway:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by section 3010
for fiscal year 2006 for the Low-Income Home Energy
Assistance Program may be used while there continues in
effect a Federal prohibition on the exploration, leasing,
development, or production of oil or natural gas in the
Arctic National Wildlife Refuge or the Outer Continental
Shelf.
Mr. LEWIS of California. Madam Chairman, I reserve a point of order
on the gentleman's amendment.
The Acting CHAIRMAN. A point of order is reserved. Pursuant to the
order of the House of today, the gentleman from Texas (Mr. Conaway) and
a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. CONAWAY. Madam Chairman, I rise tonight to support an amendment
that would address what I believe is a hypocrisy that permeates a very
important area of national policy. Section 3010 of this bill will pull
funding for LIHEAP, the Low Income Home Energy Assistance Program, from
fiscal 2007 into fiscal 2006. The idea is that certain low income folks
need help with high fuel prices, high home heating fuel bills or just
home heating bills in general.
The reason we have high bills is a lack of supply of crude oil and
natural gas. While we have this lack of supply, it is because we have
not drilled in certain areas, which I believe will provide prolific
reserves that would address the energy costs.
None of us like these high energy prices we are experiencing. There
are no short-term solutions. But the most immediate impact we can have
open prices is to drill in areas where we have reserves. These areas
include the Arctic National Wildlife Reserve, as well as the outer
continental shelf.
There have been many attempts, throughout my short time I have been
here, to open up these areas to drilling. The drilling contractors, the
operators today so, can do so in an environmentally sensitive way and a
responsible way, and it is hypocritical of us to, on the one hand, ask
the taxpayers of this country to underwrite the high energy bills, and
then, on the other hand, restrict supply that, in fact, drives up those
costs.
So my amendment would say that none of the LIHEAP money would be
available as long as we maintain restrictions on drilling in ANWR as
well as the outer continental shelf.
Another point, as to the safety of the drilling in these areas, if
you look at the experience we had as a result of Hurricane Katrina, you
cannot imagine, you cannot formulate a worse natural disaster in the
Gulf of Mexico as it relates to the producing and drilling platforms
than we had in the gulf that was Hurricane Katrina. You just cannot
imagine anything worse than that.
As a result of the great engineering, the hard work of many men and
women throughout this industry, there was not one oil spill, one
natural gas spill as a result of Hurricane Katrina sweeping through
there and destroying the surface equipment. All of the sub-surface
protections that are put in place to protect against that eventuality
did in fact work. I think the idea that we can't do so, we can't drill
offshore safely and responsibly has, in my mind, not played out.
So I encourage my colleagues to support this amendment to address
what I believe is a hypocritical position in national policy.
Madam Chairman, I reserve the balance of my time.
Point of Order
Mr. LEWIS of California. Madam Chairman, let me say how much I
appreciate the cooperation of Mr. Conaway this evening. He has been
helpful at every end of our business. But in the meantime, I have this
responsibility that causes me to make a point of order against the
amendment, because it proposes to change existing law and constitutes
legislation on appropriations bill and, therefore, violates clause 2 of
rule XXI. The rule states in pertinent part an amendment to a general
appropriations bill shall not be in order if it changes existing law.
In this case, this amendment imposes additional duties.
So, Madam Chairman, I ask for a ruling.
The Acting CHAIRMAN. Does any Member wish to be heard on the point of
order?
If not, the Chair will rule. The Chair finds that this amendment
includes language requiring a new determination of the Federal official
who oversees the LIHEAP program. The amendment, therefore, constitutes
legislation in violation of clause 2 of rule XXI.
The point of order is sustained and the amendment is not in order.
{time} 2230
Mr. CONAWAY. Madam Chairman, while I respectfully disagree, I accept
the ruling of the Chair.
Mr. LEWIS of California. Madam Chairman, I move that the Committee do
now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Conaway) having assumed the chair, Mrs. Drake, Acting Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 4939)
making emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes, had come to no resolution
thereon.
____________________