[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.

                          ____________________