[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[House]
[Pages 19930-19938]
[From the U.S. Government Publishing Office, www.gpo.gov]




             CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2005

  Mr. YOUNG of Florida. Mr. Speaker, pursuant to House Resolution 802, 
I call up the joint resolution (H.J. Res. 107) making continuing 
appropriations for the fiscal year 2005, and for other purposes, and 
ask for its immediate consideration.
  The Clerk read the title of the joint resolution.
  The text of House Joint Resolution 107 is as follows:

                             H.J. Res. 107

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That the 
     following sums are hereby appropriated, out of any money in 
     the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for fiscal year 
     2005, and for other purposes, namely:
       Sec. 101. Such amounts as may be necessary under the 
     authority and conditions provided in the applicable 
     appropriations Act for fiscal year 2004 for continuing 
     projects or activities including the costs of direct loans 
     and loan guarantees (not otherwise specifically provided for 
     in this joint resolution) which were conducted in fiscal year 
     2004, at a rate for operations not exceeding the current 
     rate, and for which appropriations, funds, or other authority 
     was made available in the following appropriations Acts:
       (1) The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 
     2004.
       (2) The Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 2004, 
     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 (50 U.S.C. 414(a)(1)).
       (3) The District of Columbia Appropriations Act, 2004.
       (4) The Energy and Water Development Appropriations Act, 
     2004, notwithstanding section 504(a)(1) of the National 
     Security Act of 1947 (50 U.S.C. 414(a)(1)).
       (5) The Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 2004, notwithstanding section 10 
     of Public Law 91-672 and section 15 of the State Department 
     Basic Authorities Act of 1956.
       (6) The Department of Homeland Security Appropriations Act, 
     2004.
       (7) The Department of the Interior and Related Agencies 
     Appropriations Act, 2004.
       (8) The Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Act, 2004.
       (9) The Legislative Branch Appropriations Act, 2004.
       (10) The Military Construction Appropriations Act, 2004.
       (11) The Transportation, Treasury, and Independent Agencies 
     Appropriations Act, 2004.
       (12) The Departments of Veterans Affairs and Housing and 
     Urban Development, and Independent Agencies Appropriations 
     Act, 2004.
       Sec. 102. Appropriations made by section 101 shall be 
     available to the extent and in the manner which would be 
     provided by the pertinent appropriations Act.
       Sec. 103. The appropriations Acts listed in section 101 
     shall be deemed to include miscellaneous and supplemental 
     appropriation laws enacted during fiscal year 2004.
       Sec. 104. No appropriation or funds made available or 
     authority granted pursuant to section 101 shall be used to 
     initiate or resume any project or activity for which 
     appropriations, funds, or other authority were not available 
     during fiscal year 2004.
       Sec. 105. Appropriations made and authority granted 
     pursuant to this joint resolution shall cover all obligations 
     or expenditures incurred for any program, project, or 
     activity during the period for which funds or authority for 
     such project or activity are available under this joint 
     resolution.
       Sec. 106. Activities authorized for 2004 by sections 
     1902(a)(10)(E)(iv) and 1933 of the Social Security Act shall 
     continue through the date specified in section 107(c) of this 
     joint resolution: Provided, That for purposes of the budget 
     scoring guidance in effect for the Congress and the Executive 
     branch respectively, and notwithstanding rule 3 of the Budget 
     Scorekeeping Guidelines set forth in the joint explanatory 
     statement of the committee of conference accompanying 
     Conference Report 105-217, the provisions of this section 
     shall be deemed to be direct spending.
       Sec. 107. Unless otherwise provided for in this joint 
     resolution or in the applicable appropriations Act, 
     appropriations and funds made available and authority granted 
     pursuant to this joint resolution shall be available until 
     (a) enactment into law of an appropriation for any project or 
     activity provided for in this joint resolution, or (b) the 
     enactment into law of the applicable appropriations Act by 
     both Houses without any provision for such project or 
     activity, or (c) November 20, 2004, whichever first occurs.
       Sec. 108. Expenditures made pursuant to this joint 
     resolution shall be charged to the applicable appropriation, 
     fund, or authorization whenever a bill in which such 
     applicable appropriation, fund, or authorization is contained 
     is enacted into law.
       Sec. 109. Appropriations and funds made available by or 
     authority granted pursuant to this joint resolution may be 
     used without regard to the time limitations for submission 
     and approval of apportionments set forth in section 1513 of 
     title 31, United States Code, but nothing herein shall be 
     construed to waive any other provision of law governing the 
     apportionment of funds.
       Sec. 110. Notwithstanding any other provision of this joint 
     resolution, except section 107, for those programs that had 
     high initial rates of operation or complete distribution of 
     fiscal year 2004 appropriations at the beginning of that 
     fiscal year because of distributions of funding to States, 
     foreign countries, grantees or others, similar distributions 
     of funds for fiscal year 2005 shall not be made and no grants 
     shall be awarded for such programs funded by this resolution 
     that would impinge on final funding prerogatives.
       Sec. 111. This joint resolution shall be implemented so 
     that only the most limited funding action of that permitted 
     in the joint resolution shall be taken in order to provide 
     for continuation of projects and activities.
       Sec. 112. Activities authorized by section 403(f) of Public 
     Law 103-356, as amended by section 632 of the Transportation, 
     Treasury, and Independent Agencies Appropriations Act, 2004 
     (Public Law 108-199, division F), and activities authorized 
     under the heading ``Treasury Franchise Fund'' in the Treasury 
     Department Appropriations Act, 1997 (Public Law 104-208, 
     division A, section 101(f)), as amended by section 123 of the 
     Treasury Department Appropriations Act, 2003 (Public Law 108-
     7, division J), may continue through the date specified in 
     section 107(c) of this joint resolution.
       Sec. 113. The authority provided by section 2808 of the 
     Military Construction Authorization Act for Fiscal Year 2004 
     (division B of Public Law 108-136; 117 Stat. 1723) shall 
     continue in effect through the date specified in section 
     107(c) of this joint resolution: Provided, That such 
     authority shall not be available until after the date on 
     which the Secretary of Defense submits all of the quarterly 
     reports required for fiscal year 2004 under subsection (d) of 
     such section 2808.
       Sec. 114. Notwithstanding any other provision of this joint 
     resolution, except sections 107 and 108, amounts are made 
     available for

[[Page 19931]]

     the Strategic National Stockpile (``SNS'') at a rate for 
     operations not exceeding the lower of the amount which would 
     be made available under H.R. 5006, as passed by the House of 
     Representatives on September 9, 2004, or S. 2810, as reported 
     by the Committee on Appropriations of the Senate on September 
     15, 2004: Provided, That no funds shall be made available for 
     the SNS to the Department of Homeland Security under this 
     joint resolution: Provided further, That amounts made 
     available to the Department of Homeland Security under this 
     joint resolution are reduced by the amount otherwise 
     attributable to funding for the SNS: Provided further, That 
     the terms and conditions of H.R. 5006 shall apply to funds 
     made available under this section.
       Sec. 115. Section 503(f) of the Small Business Investment 
     Act of 1958 (15 U.S.C. 697(f)) shall be applied by 
     substituting the date specified in section 107(c) of this 
     joint resolution for ``October 1, 2004''.
       Sec. 116. The authorities provided by sections 344, 1023, 
     and 1306 of Public Law 108-136, sections 1318 and 1319 of 
     Public Law 108-11, and section 302j(a) of title 37, United 
     States Code, shall continue in effect through the date 
     specified in section 107(c) of this joint resolution or the 
     date of enactment into law of a defense authorization Act for 
     fiscal year 2005, whichever is earlier.
       Sec. 117. Section 6 of Public Law 107-57, as amended by 
     section 2213 of Public Law 108-106, shall be applied by 
     substituting the date specified in section 107(c) of this 
     joint resolution for ``October 1, 2004'', and sections 508 
     and 512 of the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 2004 (Public Law 108-
     199, division D), as made applicable to fiscal year 2005 by 
     the provisions of this joint resolution, shall not apply with 
     respect to Pakistan through the date specified in section 
     107(c) of this joint resolution.
       Sec. 118. Programs, activities, eligibility requirements, 
     and advisory committees authorized under the Higher Education 
     Act of 1965 (20 U.S.C. 1001 et seq.) through fiscal year 
     2004, shall remain in effect through the date specified in 
     section 107(c) of this joint resolution.
       Sec. 119. (a) Section 616(d) of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2004 (Public Law 108-199, division D) shall apply to funds 
     made available by this joint resolution pursuant to section 
     619(a) of such Act: Provided, That for purposes of funds made 
     available by this joint resolution that are used to carry out 
     section 616(d) of such Act, a candidate country is a country 
     that satisfies the requirements of subparagraphs (A) and (B) 
     of section 606(a)(2) of such Act.
       Sec. 120. Notwithstanding any other provision of this joint 
     resolution, except section 107, the District of Columbia may 
     expend local funds for programs and activities under the 
     heading, ``District of Columbia Funds--Operating Expenses'' 
     at the rate set forth for such programs and activities under 
     title II of H.R. 4850 of the 108th Congress, as passed by the 
     House of Representatives: Provided, That section 2302 of the 
     Emergency Wartime Supplemental Appropriations Act, 2003 
     (Public Law 108-11) shall be applied by substituting the date 
     specified in section 107(c) of this joint resolution for 
     ``September 30, 2004''.
       Sec. 121. Section 1302 of the Panama Canal Act of 1979 (22 
     U.S.C. 3712) is amended by adding the following new 
     subsection at the end:
       ``(e)(1) The Panama Canal Commission and the Office of 
     Transition Administration (described in section 3504 of 
     Public Law 106-65) shall terminate on October 1, 2004.
       ``(2) Upon termination pursuant to paragraph (1), the 
     Panama Canal Revolving Fund shall be transferred to the 
     General Services Administration (GSA). GSA shall use the 
     amounts in the Fund to make payments of any outstanding 
     liabilities of the Commission, as well as any expenses 
     associated with the termination of the Office of Transition 
     Administration and the Commission. The fund shall be the 
     exclusive source available for payment of any outstanding 
     liabilities of the Commission.''.
       Sec. 122. (a) Notwithstanding any other provision of law or 
     of this joint resolution, except section 107, such amounts as 
     may be necessary for administrative expenses of the following 
     operating administrations shall be available to the Secretary 
     of Transportation out of the Highway Trust Fund (other than 
     the Mass Transit Account) at a rate for operations not 
     exceeding the current rate and for which authority was made 
     available under the Transportation, Treasury, and Independent 
     Agencies Appropriations Act, 2004:
       (1) Federal Highway Administration, for purposes described 
     in 23 U.S.C. 104(a)(1)(A);
       (2) Bureau of Transportation Statistics, in accordance with 
     49 U.S.C. 111;
       (3) National Highway Traffic Safety Administration, in 
     accordance with chapter 301 of title 49, United States Code, 
     and part C of subtitle VI of title 49, United States Code;
       (4) National Highway Traffic Safety Administration, in 
     accordance with 23 U.S.C. 402, 403, 405, 410 and chapter 303 
     of title 49, United States Code; and
       (5) Federal Motor Carrier Safety Administration, for 
     purposes described in 23 U.S.C. 104(a)(1)(B):

     Provided, That funds authorized under this subsection shall 
     be available for obligation in the same manner as if the 
     funds were apportioned under chapter 1 of title 23, United 
     States Code: Provided further, That paragraphs (1), (2), and 
     (3) of this subsection shall be subject to any limitation on 
     obligations for Federal-aid highways and highway safety 
     construction programs.
       (b) Notwithstanding any other provision of law or of this 
     joint resolution, except section 107, such amounts as may be 
     necessary for administrative expenses of the Federal Transit 
     Administration, in accordance with the Federal Transit 
     Administration's programs authorized by chapter 53 of title 
     49, United States Code, shall be available to the Secretary 
     of Transportation out of the Mass Transit Account of the 
     Highway Trust Fund at a rate for operations not exceeding the 
     current rate and for which authority was made available under 
     the Transportation, Treasury, and Independent Agencies 
     Appropriations Act, 2004: Provided, That funds authorized 
     under this subsection shall be available for obligation in 
     the same manner provided under section 5338(g) of title 49, 
     United States Code.
       (c) Notwithstanding any other provision of law or of this 
     joint resolution, except section 107, such amounts as may be 
     necessary for the Federal Motor Carrier Safety Administration 
     to make grants to and enter into contracts with States for 
     personnel costs for implementation of 49 U.S.C. 31102, 
     commercial driver's license program improvements, border 
     enforcement operations, and section 210 of Public Law 106-159 
     shall be available to the Secretary of Transportation out of 
     the Highway Trust Fund (other than the Mass Transit Account) 
     at a rate not exceeding the current rate and for which 
     authority was made available under the Transportation, 
     Treasury, and Independent Agencies Appropriations Act, 2004: 
     Provided, That funds authorized under this subsection shall 
     be available for obligation in the same manner as if the 
     funds were apportioned under chapter 1 of title 23, United 
     States Code and shall be subject to any limitation on 
     obligations for Federal-aid highways and highway safety 
     construction programs.
       (d) For purposes of the budget scoring guidance in effect 
     for the Congress and the Executive branch respectively, and 
     notwithstanding rule 3 of the Budget Scorekeeping Guidelines 
     set forth in the joint explanatory statement of the committee 
     of conference accompanying Conference Report 105-217, the 
     provisions of subsections (a), (b), and (c) with regard to 
     contract authority shall be deemed to be direct spending.
       (e) Notwithstanding any other provision of law, amounts 
     shall continue to be appropriated or credited to the Highway 
     Trust Fund after the date of any expenditure pursuant to this 
     joint resolution.
       Sec. 123. Notwithstanding any other provision of law, the 
     Overseas Private Investment Corporation is authorized to 
     undertake any program authorized by title IV of the Foreign 
     Assistance Act of 1961 in Iraq, subject to the regular 
     notification procedures of the Committees on Appropriations, 
     through the date specified in section 107(c) of this joint 
     resolution.
       Sec. 124. Notwithstanding any other provision of this joint 
     resolution, and notwithstanding the language in the paragraph 
     under the heading ``Housing for Persons With Disabilities'' 
     in title II of the Departments of Veterans Affairs and 
     Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 2004, the Secretary of Housing and Urban 
     Development shall make $14,610,000 from amounts appropriated 
     under such heading in fiscal year 2004 available for 
     amendments to existing tenant-based assistance contracts 
     entered into prior to fiscal year 2004 pursuant to section 
     811 of the Cranston-Gonzalez National Affordable Housing Act 
     (with only one amendment authorized for any such contract).
       Sec. 125. Section 402(b) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1232(b)) shall be applied 
     by substituting the date specified in section 107(c) of this 
     joint resolution for ``September 30, 2004''.
       Sec. 126. For entitlements and other mandatory payments 
     whose budget authority was provided in appropriations Acts 
     for fiscal year 2004, and for activities under the Food Stamp 
     Act of 1977, activities shall be continued at the rate to 
     maintain program levels under current law, under the 
     authority and conditions provided in the applicable 
     appropriations Act for fiscal year 2004, to be continued 
     through the date specified in section 107(c): Provided, That 
     notwithstanding section 107, funds shall be available and 
     obligations for mandatory payments due on or about November 1 
     and December 1, 2004, may continue to be made.
       Sec. 127. Notwithstanding section 101 of this joint 
     resolution, amounts are provided for ``Special Supplemental 
     Nutrition Program for Women, Infants and Children (WIC),'' at 
     a rate for operations not to exceed $5,087,000,000.
       Sec. 128. Notwithstanding section 101 of this joint 
     resolution, amounts are provided for ``Election Assistance 
     Commission--Salaries and Expenses'', at a rate for operations 
     not to exceed $7,800,000: Provided, That such amounts may be 
     apportioned to reflect the agency activities associated with 
     a Federal election.
       Sec. 129. Funds available under this joint resolution for 
     ``Bureau of Indian Affairs--Indian Land and Water Claims 
     Settlements

[[Page 19932]]

     and Miscellaneous Payments to Indians'' shall be available 
     for payments by the United States pursuant to the settlement 
     of Seneca Nation of Indians v. State of New York.
       Sec. 130. Amounts available under this joint resolution to 
     carry out subtitle D of title XXXVI of Public Law 106-398 
     shall be deemed to include transfers of funds from other 
     accounts made during fiscal year 2004 to carry out the 
     purposes of the subtitle and the amounts available under this 
     joint resolution for the accounts from which funds were 
     transferred shall be adjusted for the transfer.
       Sec. 131. For the purposes of the Ricky Ray Hemophilia 
     Relief Fund Act of 1998 (Public Law 105-369), the term 
     ``expended'' in section 101(d) of such Act and the term 
     ``payment'' in section 103 of such Act shall mean ``delivered 
     orders-obligations unpaid'' as defined in the United States 
     Standard General Ledger Accounts and Definitions.
       Sec. 132. Notwithstanding any other provision of this joint 
     resolution, except section 108, for expenses necessary to 
     carry out the Presidential Transition Act of 1963, 
     $2,500,000.
       Sec. 133. Title II of Public Law 108-106 is amended under 
     the heading ``Iraq Relief and Reconstruction Fund'' by--
       (1) striking ``$3,243,000,000'' and inserting 
     ``$5,090,000,000'' for security and law enforcement;
       (2) striking ``$1,318,000,000'' and inserting 
     ``$1,960,000,000'' for justice, public safety infrastructure, 
     and civil society;
       (3) striking ``$5,560,000,000'' and inserting 
     ``$4,455,000,000'' for the electric sector;
       (4) striking ``$1,890,000,000'' and inserting 
     ``$1,723,000,000'' for oil infrastructure;
       (5) striking ``$4,332,000,000'' and inserting 
     ``$2,361,000,000'' for water resources and sanitation;
       (6) striking ``$153,000,000'' and inserting 
     ``$845,000,000'' for private sector development; and
       (7) striking ``$280,000,000'' and inserting 
     ``$342,000,000'' for education, refugees, human rights and 
     governance.
       Sec. 134. Title II of Public Law 108-106 is amended under 
     the heading ``Iraq Relief and Reconstruction Fund''--
       (1) in the sixth proviso, by striking ``$29,000,000'' and 
     inserting ``$119,000,000''; and
       (2) in the seventh proviso by--
       (A) striking ``Coalition Provisional Authority'' and 
     inserting ``United States Agency for International 
     Development''; and
       (B) striking ``to fully pay for its'' and inserting 
     ``for''.
       Sec. 135. Sections 569 and 574 of H.R. 4818, as passed by 
     the House of Representatives on July 15, 2004, are hereby 
     enacted into law: Provided, That not to exceed $360,000,000 
     of the funds made available by Public Law 108-106 under the 
     heading ``Iraq Relief and Reconstruction Fund'' may be made 
     available for the purposes of such section 569.
       Sec. 136. During the portion of fiscal year 2005 covered by 
     this joint resolution, the Corps of Engineers shall continue 
     work on all uncompleted projects underway in fiscal year 
     2004, notwithstanding budget proposals to withhold funding 
     for shore protection and certain construction projects, and 
     shall not divert funds into any reserve fund not specifically 
     authorized by an Act of Congress.

  The SPEAKER pro tempore. Pursuant to House Resolution 802, the 
gentleman from Florida (Mr. Young) and the gentleman from Wisconsin 
(Mr. Obey) each will control 30 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Young).
  Mr. YOUNG of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am doing something today that I had hoped throughout 
the year could have been avoided, and that is a continuing resolution 
because the Congress has not completed all of its appropriations bills. 
Before I get into that, though, I think it is important that I say just 
a brief word about the Committee on Appropriations in the House and the 
House of Representatives.
  The House Committee on Appropriations reported every one of its bills 
by July 22. Today is September 29. The House has passed 12 of those 
bills, and all of those bills have been at a level within the budget 
resolution, the budget resolution which in fact we do not really have. 
We did not pass a budget resolution this year, and finally about 6 
weeks after we should have passed it, we passed a deeming resolution 
that did allow us to set a 302(a) allocation and our 302(b) 
allocations.

                              {time}  1500

  The House has done a good job. Unfortunately, only one of those bills 
has actually become law because the House and the Senate must agree on 
legislation before it can be sent to the desk of the President for his 
signature. That has only happened on one bill, despite the fact the 
House has passed 12 appropriations bills and several supple-
mentals.
  This continuing resolution would keep the government functioning at 
existing levels until November 20, 2004. This will allow Congress to 
recess for a brief period of campaigning for the election which happens 
on November 2. But we will be back. We will be back the week of 
November 15 in order to conclude the balance of the appropriations 
bills.
  The Senate has passed a total of six appropriations bills. We will 
have one of those in conference, hopefully tomorrow, the homeland 
security bill. There are four other bills that we believe we can 
conference and report to the House sometime next week before we adjourn 
for the election. In the meantime, an omnibus bill is going to be 
necessary. Between the October 8 recess and November 15, the 
appropriations committees in both Houses will work to conclude the work 
on an omnibus bill so the Members will have a chance to vote on it 
prior to sine die adjournment.
  The CR includes a continuation of funding for all agencies except 
those included in the Defense appropriations bill because it has 
already been enacted into law. We are continuing to work on the other 
bills, as I mentioned.
  Let me say something about what is included in this CR, because there 
are some anomalies that are time sensitive that must be taken care of. 
As I said, the CR will go to November 20. As in past continuing 
resolutions, it does not permit any new starts, and it restricts 
obligations on high initial spend-out programs so the annualized 
funding levels in this bill will not impinge on our final budget 
deliberations.
  It includes provisions that allow for the continuation of programs 
and fee collections that would otherwise expire, such as entitlements 
under the food stamp program, Medicare part B premium assistance, 
certain child nutrition programs, the WIC program, and certain SBA loan 
programs.
  The CR also allows for continuation of Department of Defense 
authorities that expire on September 30. We have worked with the 
Committee on Armed Services to ensure that these authorities are 
extended through the period of the CR, and they include something very 
important to the families of those of our military who were wounded in 
Iraq, Afghanistan and who are in hospitals or in VA hospitals getting 
treatment for their wounds. The authority to pay for travel and 
transportation benefits for those family members and clothing 
allowances for the military personnel injured during these operations 
would expire on September 30, tomorrow, at midnight. We provide a 
correction for that by extending that provision for the period of this 
CR.
  We also extend the authority to provide prepaid phone cards to all of 
our troops in certain combat zones. Also authority for bonuses and 
special pay for certain military personnel is extended. Authority for 
DOD to use funds available for drug interdiction and counterdrug 
activities to provide assistance to the government of Colombia in 
support of ongoing coun-
terterrorism efforts is extended. And also authority for a chemical 
weapons destruction facility in Russia is extended.
  A provision is also included that reallocates funds provided under 
the Iraq Relief and Reconstruction Fund in response to the request 
submitted to the Congress by the Secretary of State on September 14, 
2004, and through a reallocation of existing funds provides sufficient 
funding for operating costs of the Agency for International 
Development, continuation of oversight and Iraq debt forgiveness.
  The CR also allows the District of Columbia to spend local funds 
through the period of the CR at the budget levels passed by the House. 
The CR ensures that funding is available to conduct administrative 
oversight and to pay certain Department of Transportation personnel 
managing surface programs in the absence of reauthorizations for such 
programs. It also ensures sufficient funding for the Election 
Assistance Commission and funding for Presidential transition staff, if 
necessary, to be available immediately following the Presidential 
election.

[[Page 19933]]

  Mr. Speaker, I do not think this is a controversial CR at all, but it 
does include these important items that I mentioned. But it is 
important because tomorrow at midnight, the government runs out of 
money, so it is important to pass this continuing resolution, get it to 
the other body, and get it to the President. I hope we can pass this 
expeditiously.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield 5\1/2\ minutes to the gentlewoman from 
New York (Mrs. Lowey).
  Mrs. LOWEY. Mr. Speaker, I rise to express some concerns about the 
provisions in the continuing resolution allowing for the reprogramming 
of $3.46 billion in Iraq reconstruction funds.
  I would first like to take a moment to express my appreciation and 
respect for all military, civilian, and contractor personnel stationed 
in Iraq today. They are working to bring democracy and stability to 
Iraq in an atmosphere of extreme danger, and I have great admiration 
for their courage. We owe them a great deal for their sacrifices.
  This bill addresses the administration's request to shift $3.46 
billion within the $18 billion Congress approved for the reconstruction 
of Iraq. This shift moves funds away from essential rebuilding efforts 
in the water and electricity sectors to deal with the deteriorating 
security situation in Iraq and the upcoming elections. The bill 
specifies new amounts for the various sectors of reconstruction 
assistance while retaining the underlying set of requirements for 
congressional notification and reporting.
  I have great respect for General Petraeus and his staff who have put 
together this new plan. I am hopeful that the reprogramming will help 
address the dire security situation that has hindered much of our 
reconstruction work. But if we examine the facts, we find that since 
the start of combat operations in Iraq, 1,050 soldiers have been 
killed, 7,532 wounded; and since the end of major combat operations 
which the President declared on May 1, 2003, 909 have been killed and 
6,990 wounded.
  The statistics on the security situation are equally as staggering. 
In March of this year there were an average of 20 insurgent engagements 
per day. By September that number had increased more than fourfold, to 
87 per day.
  President Bush said earlier this month, and I quote, ``What is 
critical is that the President of the United States speak clearly and 
consistently at this time of great threat in our world, and not change 
positions because of expediency or pressure.'' We have given the 
President what he requested because we need to move aggressively to 
address the security situation. However, the administration must be 
honest with the American people.
  Before the war, we had the distinct impression from both the 
President and Vice President that the length of U.S. deployment and the 
cost of reconstruction would be minimal. Their assessments were 
hopelessly naive and ignored the lessons of history. Today, 1 year 
after Congress provided the $18 billion in reconstruction funds, only 
slightly more than $1 billion has been spent. The insecure environment 
has slowed the pace of reconstruction to a crawl. It has become crystal 
clear that we have no coherent plan to win the peace.
  The administration claims that there are 100,000 Iraqi security 
forces trained and operating in Iraq today and that 145,000 will be 
trained by January. The facts are that 22,700 security personnel have 
received enough basic training to make them minimally effective at 
their tasks. Only 8,200 police have even received a basic 8-week 
training course. At the current pace of training, we will not have the 
current 90,000-man force trained until February 2006. Today, only 4,800 
Iraqi Army personnel have been trained and equipped. By mid-October we 
may reach 8,000. Only eight of the 45 existing Iraqi National Guard 
battalions have reached initial operating capability. No border 
enforcement personnel have received centralized training.
  Despite administration claims to the contrary, Iraq is becoming less 
secure. The difficulties in training and recruiting Iraqi security 
forces means even these modest goals will be difficult to attain. 
Holding elections in January has become a cornerstone of the 
President's plan to democratize Iraq and has been a critical factor in 
gaining support across Iraqi society for the interim government.
  However, a stalemate between the Electoral Commission and the 
Ministry of Finance has meant that the commission has received only $7 
million of the $232 million in Iraqi funds set aside for them. Many of 
the critical elements for conduct of the elections, such as procurement 
of vehicles, voting equipment and ballots are incomplete and voter 
lists have not even been created yet. No actual parties have formed. 
There is no process in place for that to happen. The U.N. has yet to 
deploy enough people to Iraq to supervise the process. We all know of 
the necessity of these promised elections, but many obstacles remain.
  Beneath these numbers is the sad fact that overhead costs on all 
reconstruction activities in Iraq are now ranging between 30 and 50 
percent. This means that for every dollar we appropriate for 
reconstruction, we only get 50 cents' worth.
  We need to get this right. The battle for global stability and 
security is larger than Iraq. If American strategists cannot outsmart 
the terrorist insurgents, if we let them derail the bright future we 
have promised the Iraqi people, there will be serious consequences for 
U.S. national security objectives.
  I hope that this shift in funds helps to win the peace in Iraq and 
that this plan will succeed where others have failed. I remain firmly 
committed to bringing stability to Iraq and fighting terror. American 
lives are at stake. But we must be honest with each other about the 
pace at which progress can occur and stop the deliberate distortions.
  Mr. YOUNG of Florida. Mr. Speaker, I yield 3 minutes to the gentleman 
from Arizona (Mr. Kolbe), the distinguished chairman of the 
Subcommittee on Foreign Operations, Export Financing and Related 
Programs.
  Mr. KOLBE. Mr. Speaker, I thank the gentleman for yielding me this 
time, and I do rise in support of House Joint Resolution 107 to provide 
continuing resolutions for the operations of the United States 
Government. A number of sections in this continuing resolution do apply 
to the foreign operations appropriations and many of these items have a 
direct bearing in our war on terrorism.
  Section 117 allows Pakistan, our vital ally in the war on terror, to 
continue to be eligible for U.S. assistance during the period of the 
CR. As we know, Pakistan's active participation in the war on terror is 
critical to U.S. efforts in Afghanistan. Section 119 allows the 
Millennium Challenge Corporation to offer a limited assistance to those 
countries that meet some of the criteria for MCC assistance but cannot 
yet get over the threshold of the criteria that is required for that. 
The administration is working more slowly than I think a lot of us 
would like to establish which countries would be eligible for this 
additional special assistance.
  Section 123 allows the Overseas Private Investment Corporation to 
follow through on transactions to promote the private sector and 
greater employment opportunities for Iraqis during the period of the 
CR. Ideally, these transactions will help create some of the 
preconditions for stability as Iraq moves towards elections in January.
  The heart, Mr. Speaker, is section 133. This will enable the 
Secretary of State to rebalance the assistance in the Iraq Relief and 
Reconstruction Fund with a significantly greater amount, $1.8 billion, 
going to train and equip Iraq's security forces. The legislated change 
is necessary because the supplemental enacted last November allocated 
funding for specific sectors with flexibility for transfers between 
sectors. This sectoral allocation was intended to provide transparency 
and to improve oversight of the use of the funds.
  However, due to circumstances that have developed on the ground, the

[[Page 19934]]

flexibility in current law is insufficient to allow the State 
Department to provide significantly greater funding for security and 
employment activities, and I think we all understand that security must 
be the top priority.

                              {time}  1515

  Section 134 provides the Agency for International Development with 
the authority to use $90 million from within already appropriated 
amounts for the costs of operating its assistance programs in Iraq. 
Effective implementation of these programs is important if we are to 
help Iraq's economic and political systems evolve.
  Finally, section 135 allows the U.S. to continue its leadership in 
pushing for reduction of Iraq's debt. It provides former Secretary of 
State James Baker with the tools for upcoming debt negotiations in the 
Paris Club this fall. It would enable the U.S. to forgive nearly $4 
billion of debt owed by Iraq, thus spurring vastly greater amounts of 
debt forgiveness by Iraq's other creditors. This section also makes the 
modest technical changes to allow the Secretary of State to take 
responsibility for future reports to Congress on Iraq's reconstruction 
and to enable greater congressional oversight over the use of agency 
administrative expenses in Iraq.
  On balance, I think this is a good bill and provides some important 
considerations to keep the foreign policy of the United States moving 
forward. I urge my colleagues to support this joint resolution.
  Mr. OBEY. Mr. Speaker, I yield 6\1/2\ minutes to the distinguished 
gentleman from Maryland (Mr. Hoyer), the distinguished minority whip.
  Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Mr. Speaker, today, our Republican friends are waving a white flag, 
announcing what has become so obvious to so many, that they have 
surrendered to their own intransigence, that they cannot get their work 
done.
  The sad fact is that the gentleman presenting this bill is not 
responsible for this failure. In fact, his leadership of the committee 
was consistent with doing our work on time. But his colleagues did not 
assist him in that effort.
  This continuing resolution is nothing less than an admission of 
failure by the House Republican leadership. But it is a fitting 
capstone to the least productive session of Congress that I have been a 
part of since I was elected to this body in 1981.
  We are setting a record today, Mr. Speaker, but not a record that any 
of us can be proud of. So far, and all of my colleagues ought to listen 
to this, so far in this second session of the 108th Congress, we are on 
course to work fewer days, 93 as of today, than any other single 
session since 1948; 1948 was the famous ``Do Nothing Congress.'' This 
Congress is doing even less than the ``Do Nothing Congress.''
  Yet while this Republican Congress keeps banker's hours, it has 
failed to enact a budget. It has failed to enact a comprehensive energy 
bill. It has failed to enact intelligence reform. It has failed to 
enact a bill to eliminate European Union trade sanctions on American 
manufacturers. And it has failed to enact and pass a highway bill, a 
reauthorization which would create 42,000 American jobs for every $1 
billion spent on repairing and building highways, repairing and 
building bridges, and fixing and providing for mass transit systems in 
America so that commerce and people could move effectively.
  And now, now, this Republican leadership must pass this continuing 
resolution because it has enacted only one of 13 appropriation bills 
within the time frame established for it. This is the leadership that 
said in the Contract with America that we are going to bring efficiency 
and effectiveness to the management of the House of Representatives.
  Joe Scarborough the other day said in an article, ``We said all this 
and we lied.'' Joe Scarborough, conservative Republican from Florida.
  I intend to vote, of course, Mr. Speaker, for this continuing 
resolution, as the chairman will, because it is necessary and 
responsible to do so. But let no one be mistaken, this CR is far more 
than a mere formality. The Republicans' failure to pass appropriation 
bills on time has real-world consequences to real people, to States, 
localities, municipalities and every individual.
  Because they failed to enact the Homeland Security bill, critical 
funding for the SAFER program is not available, money to hire 
additional firefighters and emergency response teams. That means fire 
departments across the Nation will be delayed in their efforts to hire, 
recruit and retain firefighters.
  Because they have failed to enact the Transportation-Treasury bill, 
nearly $1 billion in airport improvement grants is not available. That 
means airport security fencing and the construction of airport rescue 
and firefighting stations will be delayed. Because they failed to enact 
the Commerce, Justice, and State bill, $658 million in worldwide 
security upgrades at U.S. facilities, for instance, in Kabul, 
Afghanistan, are not available.
  Mr. Speaker, the list goes on. The majority's failure to pass 
appropriation bills on time will delay funding for everything from 
construction at Veterans' Administration facilities to humanitarian 
assistance to the victims of genocide in Sudan, to additional funding 
for food safety inspections here at home.
  Mr. Speaker, in February, former House majority leader, the majority 
leader in the last Congress, commented ``Republicans own the town 
now.'' What he meant was Republicans control the presidency, the House 
and the Senate. Democrats cannot stop and, frankly, cannot get it to go 
so that the failure lies solely at the desk and feet of the Republican 
leadership in both Houses. But everyone can see today their record is 
not an enviable one, notwithstanding the fact that they own the town. 
It is an embarrassment. The American people deserve better.
  Mr. Speaker, as I said, I will vote for this continuing resolution. 
It was originally scheduled to be until October 8. The gentleman from 
Texas (Mr. DeLay) and I have a colloquy at the end of every week, and 
in that colloquy last week, I asked the gentleman from Texas (Mr. 
DeLay) how long this CR was going to be. He said he did not know 
specifically but he thought October 8. But they have decided, no, it 
will be November 20, after the election, after the American people will 
be able to make a judgment on what they are really going to do. How 
sad. How failing in our responsibility to this institution, to the 
American people and to our Nation.
  And I thank the gentleman for yielding me this time.
  Mr. YOUNG of Florida. Mr. Speaker, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself 8 minutes.
  Mr. Speaker, the basic job of Congress is to pass the annual budget 
and appropriation bills in order to keep the government running and to 
fund the most important functions of government. To do that under our 
processes, we are first supposed to pass a budget resolution which sets 
the outline for spending for the coming year, and then we are supposed 
to follow that on by passing 13 appropriation bills which fill in the 
blanks in detail.
  This continuing resolution is here because, on the domestic side of 
the budget, none of that has happened. We have passed only one of the 
13 appropriation bills that were supposed to pass by the end of the 
fiscal year. That is for the Department of Defense. But even other 
national security bills have not been passed, and certainly, nothing 
has been passed that meets our obligations on the domestic side of the 
ledger.
  The majority party controls this body by a very narrow margin. 
Ordinarily, if this institution were being run in a rational way, that 
would mean that the majority leadership would try to reach out, broaden 
its base of support for basic legislation by making an occasional 
compromise here and there so that we can broaden the number of people 
who are willing to support whatever products they bring to the floor. 
That has not happened either.

[[Page 19935]]

  When I chaired this committee, we had a bipartisan allocation between 
the 13 subcommittees. Both parties agreed on how much should go into 
each of those 13 appropriation bills. That is why we were able that 
year to finish every single appropriation bill by the end of the fiscal 
year. The minority has not been afforded that opportunity this year 
because the majority leadership has been held captive by the most 
extreme members of the majority party caucus. As a result, they have 
produced highly ideological appropriation bills which have provided 
little incentive for other members of their own party to support those 
bills.
  The domestic appropriations have been so stingy in the area of 
education, in the area of health care, in the area of veterans' health, 
in the area of law enforcement, and in the area of transportation that 
their Republican counterparts in the Senate have not wanted to pass 
those bills. If we take a look at the appropriation bills that have 
passed the Senate, those bills contain about $7 billion more on the 
domestic side of the ledger than the appropriation bills in this House. 
We could probably have reached bipartisan agreement if that $7 billion 
had been made available here. But oh, no, it was so necessary for the 
majority party to preserve every single dollar to provide $128,000 tax 
cuts for people who make a million bucks a year that they were not 
willing to provide additional funding in the area of health and 
education and the like.
  So now we have what I call a duck-and-run approach to governance. The 
majority party does not want a vote on the level of veterans' health 
care funding, so the veterans' appropriation bill is not even coming to 
the floor. And the majority party is avoiding having to choose between 
the wishes on the Senate side and the wishes on the House side by 
simply going to a continuing resolution which ducks all of these 
questions until after the election. This strategy is being followed 
either by design or as the result of sheer incompetence, and I am not 
sure which.
  I want to make it clear, as did the minority whip, that that does not 
apply to the gentleman who chairs the committee. He got every single 
bill out of his committee on time and passed them out of the House 
except for VA/HUD, and even though they were extremely short on 
necessary funding, on the minority side, we indicated that even though 
we strenuously objected to the stringent limitation of funding in a 
number of areas, we still procedurally cooperated with the majority 
party to toss those bills over to the Senate in the hopes that 
rationality would prevail and we would wind up with a product that 
could be supported when those bills came by the conference.

                              {time}  1530

  But at this point, I guess the bill that passed the House last week 
is a perfect metaphor for this session, because there was an internal 
triangular fight within the majority party in this House on that 
transportation bill, and, as a result, we passed a transportation bill 
that had been stripped of aid to states for highways, it had been 
stripped of the mass transit programs, it had been stripped of the 
funding for airport construction and development. So the only thing 
left in the transportation bill was the title of the bill.
  If you take a look at other legislation, national parks, the 
President made a promise when he campaigned 4 years ago that he would 
send down a 5-year plan to attack the maintenance backlog in our 
national parks. Well, it is 4 years later, folks, and what has 
happened? The President and this Congress have provided only 12 percent 
of the funding needed to meet those backlog needs.
  As the gentleman from Maryland indicated, we have done nothing to 
deal with the problems of 45 million Americans who have no health 
insurance. We have done nothing to expand Pell grants, even though the 
President in his spectacularly disingenuous performance at the 
Republican Convention told the world that we needed more money for Pell 
grants, even though his administration has blocked the increase in Pell 
grants for the last 2 years.
  So, Mr. Speaker, the fact that this continuing resolution is here 
today is a monument to ideological zealotry. It is also a monument to 
institutional failure. This Congress is failing to meet even the most 
basic and minimal expectations that the country has for it by way of 
doing our routine business. This is governing in a pitiful way, and I 
wish that I could say something more positive about it, but, indeed, I 
cannot.
  We have no choice but to vote for this resolution in order to keep 
the government functioning, but this is a pitiful way to run a railroad 
or a legislative body.
  Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I think earlier my first comment was that I am doing 
something today that I am reluctant to do and I hoped I would not have 
to do it, and that is to ask the House to pass a continuing resolution 
inasmuch as the appropriations process has not been concluded.
  There have been some criticisms of the majority party leadership in 
the House. It is easy to criticize anybody, but I would suggest that 
our leadership has done a pretty good job, considering the fact that we 
are a bicameral legislature. We have two bodies in this Congress, and 
one body cannot determine totally the legislative program, any more 
than the other one can. So as hard as our leaders have struggled to try 
to make the process work, they have had some difficulties with their 
counterparts in the other body.
  I want to make sure that the Members know that the Committee on 
Appropriations, and I will repeat this from what I said earlier, 
completed all of its work, reported all of its bills, by the 22nd of 
July. That was quite a long time ago. We passed 12 of the 
appropriations bills, plus a supplemental. There is still one other 
appropriations bill remaining that has some difficulties that will be 
dealt with at a later time, probably in the omnibus bill.
  And we have worked in a bipartisan fashion. We have tried to keep the 
minority party at the subcommittee level advised every step of the way. 
We have tried to make sure they knew what we were planning to do, and 
to get their input. We did not surprise anybody.
  I think that good proof of that bipartisanship, Mr. Speaker, is that 
we have developed a pretty good record here in the committee and in the 
House. For example, our appropriations bill for Interior passed on June 
17 with a vote of 334 to 86. The Homeland Security bill passed on June 
18 with a vote of 400 to 5. On June 22 we passed the defense 
appropriations bill, 403 to 17. The conference report later was passed 
with a vote of 410 to 12. On June 25, the energy and water bill passed 
370 to 16.
  On the 8th of July the Commerce-Justice-State Department bill passed 
with a vote of 397 to 18. On July 12, the legislative branch bill 
passed with a vote of 327 to 43. The agriculture bill passed on the 
13th of July, 389 to 31. On the 15th of July, the foreign ops bill 
passed 365 to 41. On the 20th of July, the District of Columbia bill 
passed 371 to 54. On the 22nd of July, the military construction bill 
passed 420 to 1.
  We then passed on September 7 a supplemental to deal with Hurricane 
Charlie, which was devastating to certain parts of my State of Florida. 
We passed that on a voice vote. On the 9th of September we passed the 
Labor-HHS bill, 388 to 13. On the 22nd of September we passed the 
transportation appropriations bill, 397 to 12.
  So I make the case that the House has worked together very well, 
majority party and minority party. The committee has worked together 
very well, majority party and minority party. But we are only half of 
the equation. We are the House of Representatives. We are the people's 
House. The other body, for whatever their reasons, did not pass these 
bills, and we cannot pass a bill in the House and send it to the 
President without having the other body agree to it, or at least go to 
conference and have an agreement on what that conference decides.
  So, all in all, the criticisms of the House leadership I think are 
not really

[[Page 19936]]

in order, but I understand that we are getting close to election time, 
so I am not offended by that. I just do not think that the criticisms 
really stand.
  Our leadership has worked hard with us to pass these good bills with 
good votes. I do not like the fact that we did not complete our work. 
But I would say, again, the House Committee on Appropriations and the 
House of Representatives, we completed our work, except for one bill 
that will be held to become part of the omnibus appropriations bill. 
So, all in all, criticize if you like, but the House has done a really 
good job in getting its work done.
  Now, because we have not concluded the bicameral work on these bills, 
it is important that we pass this continuing resolution. None of us 
want the government to shut down, and, without a CR, as of midnight 
tomorrow night the end of the fiscal year comes and goes, and without 
an appropriations bill, people would not be reporting to work on 
Friday.
  So we are going to pass this CR now, the other body is going to pass 
this CR, and we are going to get it to the President in plenty of time 
so there will not be a government shutdown. We are just not going to do 
that anymore. We had an experience with that some years back. We are 
not going to do that again. That is not responsible, and it is 
important that we meet our responsibility.
  Mr. Speaker, I would just appeal for a good strong vote on this 
continuing resolution. I ask for a ``yes'' vote.
  Mr. Speaker, I yield back my time.
  The SPEAKER pro tempore (Mr. Foley). All time for debate has expired.
  The joint resolution is considered as having been read for amendment.
  Pursuant to House Resolution 802, the previous question is ordered.
  The question is on engrossment and third reading of the joint 
resolution.
  The joint resolution was ordered to be engrossed and read a third 
time, and was read the third time.


                 Motion to Recommit Offered by Mr. Obey

  Mr. OBEY. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the joint 
resolution?
  Mr. OBEY. For the moment I am, yes.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Obey moves to recommit the joint resolution, H. J. Res. 
     107, to the Committee on Appropriations with instructions to 
     report the same back to the House promptly with the following 
     amendments:
       At the end of the bill, add the following new section:
       ``Sec.   . Section 2883(g)(1) of title 10, United States 
     Code, is amended by striking `$850,000,000' and inserting 
     `$1,350,000,000'.''
       At the appropriate place in the bill, add the following new 
     section:
       ``Sec.   . Notwithstanding section 101 of this joint 
     resolution, amounts provided to the Department of Veterans 
     Affairs under the heading ``Veterans Health Administration, 
     Medical Services'' in Public Law 108-199, in the first 
     proviso, delete `$17,867,220,000' and insert 
     `20,798,600,000'.''
       At the appropriate place in the bill, add the following new 
     section:
       ``Sec.   . Notwithstanding any other provision of law or of 
     this joint resolution, the State Children's Health Insurance 
     Program authorized under title XXI of the Social Security Act 
     shall be implemented under the terms and conditions of H.R. 
     4936, the Children's Health Protection and Improvement Act of 
     2004.''
       At the appropriate place in the bill, add the following new 
     section:
       ``Sec.   . Special Allowance for Loans From the Proceeds of 
     Tax Exempt Issues--Section 438(b)(2)(B) of the Higher 
     Education Act (20 U.S.C. 1087-1(b)(2)(B)) is amended--
       ``(1) in clause (iv), by inserting `or refunded on or after 
     October 1, 2004 and before October 1, 2005,' after `October 
     1, 1993'.; and
       ``(2) by adding at the end the following new clause:
       ```(v) Notwithstanding clause (i) and (ii), the quarterly 
     rate of the special allowance shall be the rate determined 
     under subparagraph (A), (E), (F), (G), (H), or (I) of this 
     paragraph, or paragraph (4), as the case may be, for loans--
       ```(I) originated, transferred, or purchased between 
     October 1, 2004 and October 1, 2005;
       ```(II) financed by an obligation that has matured, been 
     retired, or defeased on or after October 1, 2004 and on or 
     before September 30, 2005;
       ```(III) which the special allowance was determined under 
     such paragraphs on or after October 1, 2004 and on or before 
     September 30, 2005;
       ```(IV) for which the maturity date of the obligation from 
     which funds were obtained for such loans was extended on or 
     after October 1, 2004 and on or before September 30, 2005; or
       ```(V) sold or transferred to any other holder on or after 
     October 1, 2004 and on or before September 30, 2005.'.''
       At the appropriate place in the bill, add the following new 
     section:
       ``Sec.  . Notwithstanding section 101 of this joint 
     resolution, amounts provided to the Federal Bureau of 
     Investigation for counterterrorism and counterintelligence 
     activities shall be provided at a rate of operations which is 
     the higher of the following:
       ```H.R. 4754, as passed by the House on July 8, 2004; or
       ```S. 2809 as passed by the Senate Committee on 
     Appropriations on September 15, 2004.'.''
       At the appropriate place in the bill, add the following new 
     section:
       ``Sec.  . Notwithstanding section 101 of this joint 
     resolution, amounts provided for education, health and other 
     programs, projects and activities shall be continued at a 
     rate of operations which is the higher of the amounts which 
     would be made available under the following:
       ```H.R. 5006, as passed by the House of Representatives on 
     September 9, 2004; or
       ```S. 2810 as reported by the Senate Committee on 
     Appropriations on September 15, 2004.'.''
       At the appropriate place in the bill, add the following new 
     section:
       ``Sec.  . Public Law 108-217 shall be applied by 
     substituting the date specified in section 107 of this joint 
     resolution for `September 30, 2004' each place it appears and 
     by substituting the date specified in section 107 of this 
     joint resolution for `October 1, 2004' and the provisions of 
     Sec. 6(a)(1) of Public Law 107-100 shall continue in effect 
     through the date specified in section 107 of the joint 
     resolution.''

  Mr. OBEY (during the reading). Mr. Speaker, I ask unanimous consent 
that the motion to recommit be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. Obey) is 
recognized for 5 minutes.
  Mr. OBEY. Mr. Speaker, if Members oppose this motion to recommit, 
they will deny 28,165 renovated homes for military families throughout 
the military housing privatization initiative. If they oppose this 
motion to recommit, they will deny many of America's veterans access to 
VA health care, which ought to be their right. This motion would 
provide an additional $2.5 billion above the President's request to 
help cut waiting lists, renovate crumbling VA facilities and ensure 
timely quality health care for America's veterans.
  The FBI is the Nation's lead agency for domestic counterterrorism, 
yet it is the only component of our national security apparatus that 
will not have its funding for fiscal year 2005 in place. The motion 
would ensure that the FBI gets its funding now, not later.
  Failure to pass this motion to recommit would also shut down the 
Terrorist Threat Integration Center and the Terrorist Screening Center. 
Neither received funding in last year's spending bill, so neither would 
have their funding extended by the continuing resolution without this 
motion.
  The motion to recommit, Mr. Speaker, would also eliminate the nearly 
$1 billion in special student loan subsidies being paid to lenders that 
instead could be put to better use by helping students and families 
afford a college education. This House passed that amendment earlier 
this month on the Labor-HHS bill in the form of the Kildee amendment.
  Also, Mr. Speaker, failure to pass this motion to recommit would deny 
health insurance to 750,000 children who could be covered under the 
State Children's Health Insurance Program, or SCHIP. Currently $1.1 
billion of SCHIP funds are available to States to provide health 
insurance to children. These funds were accumulated while the SCHIP 
programs were just being organized, but current law requires that these 
funds be returned to the Treasury if they are not used by October 1. 
With more than 8 million children lacking health coverage, it makes 
sense to give States more time to use these funds and enroll children 
in the SCHIP programs. We ought not be robbing these funds from 
children's health

[[Page 19937]]

insurance programs because of an arbitrary deadline.
  We also by this motion would provide additional funding for education 
and health care programs funded by the Labor-HHS-Education bill. We ask 
that in each case in the education and health area that this bill be 
adjusted to reflect the higher of the numbers between the House and the 
Senate bill. The result of that, for instance, would be to add $367 
million to NIH to maintain momentum in research on diseases like 
cancer, Parkinson's, Alzheimer's, et cetera. We also would try to deal 
with the section 7 small business loan program that was dealt with by 
this House on a similar motion several weeks ago.
  Mr. Speaker, I would urge support for the motion to recommit.
  Mr. YOUNG of Florida. Mr. Speaker, I am opposed to the motion to 
recommit.
  The SPEAKER pro tempore. The gentleman from Florida is recognized for 
5 minutes.
  Mr. YOUNG of Florida. Mr. Speaker, this motion to recommit actually 
would be an appropriations bill. The continuing resolution merely 
extends existing appropriations. All of the issues in this motion are 
in the process of being considered on regular appropriations bills.

                              {time}  1545

  For example, I would remind the Members that we had the issue of the 
military housing cap in our appropriations bill that our committee 
strongly supported; but on a point of order raised by the Committee on 
the Budget, we lost that section of the military construction bill. But 
as we produce the military construction bill in conference, that 
provision will be in there.
  The other issues in this motion are VA medical, children's health, 
higher education; all of these issues are being addressed as we address 
the balance of the appropriations bills.
  So this motion to recommit, if it were successful, and I hope it will 
not be, would actually turn this into an appropriations bill that would 
likely require conferencing and probably would not be concluded by 
midnight tomorrow night, just because of the amount of time it takes to 
conference a bill and go to the other body and then come back here for 
conference, and then to appoint the conferees. We are running a 
deadline as of midnight tomorrow night.
  So I would hope that while all of these are very important issues in 
this motion, and, frankly, I am supportive of all of the issues that 
the gentleman from Wisconsin (Mr. Obey) would have in this motion to 
instruct, this is not the place to do it. This is a continuing 
resolution that has to be on the President's desk and signed before 
midnight tomorrow night. We just really do not have the time to deal 
with these issues on this bill. We will deal with all of those issues 
on the other bills that will be working through the Congress in the 
next few weeks.
  So, Mr. Speaker, having said that, basically all I can say is that I 
would urge the Members to oppose this motion and to get on with the 
passage of the continuing resolution.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Foley). Without objection, the previous 
question is ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. OBEY. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes 
the minimum time for any electronic vote on the question of passage.
  The vote was taken by electronic device, and there were--yeas 200, 
nays 221, not voting 11, as follows:

                             [Roll No. 478]

                               YEAS--200

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Chandler
     Clay
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Herseth
     Hill
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NAYS--221

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter

[[Page 19938]]


     Walden (OR)
     Walsh
     Wamp
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--11

     Boehlert
     Cannon
     Gephardt
     Hastings (FL)
     Hoeffel
     Lewis (GA)
     Meek (FL)
     Nethercutt
     Putnam
     Tauzin
     Weldon (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Foley) (during the vote). Members are 
advised there are 2 minutes remaining in this vote.

                              {time}  1610

  Mr. PETERSON of Pennsylvania changed his vote from ``yea'' to 
``nay.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the joint resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. OBEY. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 389, 
noes 32, not voting 11, as follows:

                             [Roll No. 479]

                               AYES--389

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballenger
     Barton (TX)
     Bass
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Burgess
     Burns
     Burr
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Carter
     Case
     Castle
     Chandler
     Chocola
     Clay
     Clyburn
     Coble
     Cole
     Collins
     Conyers
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Filner
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Hall
     Harman
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kingston
     Kirk
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Pickering
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryun (KS)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--32

     Akin
     Barrett (SC)
     Bartlett (MD)
     Beauprez
     Chabot
     Cooper
     Cubin
     Duncan
     Feeney
     Flake
     Franks (AZ)
     Garrett (NJ)
     Green (WI)
     Gutknecht
     Hensarling
     Hostettler
     Jones (NC)
     King (IA)
     Manzullo
     Miller (FL)
     Myrick
     Paul
     Pence
     Petri
     Pitts
     Royce
     Ryan (WI)
     Sensenbrenner
     Shadegg
     Smith (MI)
     Stearns
     Toomey

                             NOT VOTING--11

     Boehlert
     Brown-Waite, Ginny
     Cannon
     Gephardt
     Hastings (FL)
     Hoeffel
     Meek (FL)
     Nethercutt
     Putnam
     Tauzin
     Weldon (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining in this vote.

                              {time}  1619

  Mr. DeMINT changed his vote from ``no'' to ``aye.''
  So the joint resolution was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________