[Pages H5445-H5469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY,
THE DISTRICT OF COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT,
2006

The Committee resumed its sitting.
The Acting CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Of the amount made available under this heading,
$290,000,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the statement of managers
accompanying this Act: Provided, That none of the funds
provided under this paragraph may be used for program
operations.

HOME Investment Partnerships Program

(including transfer of funds)

For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,850,000,000 to remain available
until September 30, 2008: Provided, That of the total amount
provided in this paragraph, up to $41,700,000 shall be
available for housing counseling under section 106 of the
Housing and Urban Development Act of 1968, and $1,000,000
shall be transferred to the Working Capital Fund.
In addition to amounts otherwise made available under this
heading, $50,000,000, to remain available until September 30,
2008, for assistance to homebuyers as authorized under title
I of the American Dream Downpayment Act.

self-help and assisted homeownership opportunity program

For the Self-Help and Assisted Homeownership Opportunity
Program, $60,800,000, to remain available until September 30,
2008: Provided, That of the total amount provided in this
heading $23,800,000 shall be made available to the Self Help
Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996
as amended: Provided further, That $28,000,000 shall be made
available for capacity building, of which $27,000,000 shall
be for capacity building for Community Development and
affordable Housing for LISC and the Enterprise Foundation for
activities authorized by Section 4 of the HUD Demonstration
Act of 1993 (42 USC 9816 note), as in effect immediately
before June 12, 1997 and $1,000,000 shall be made available
for capacity building activities administered by Habitat for
Humanity International: Provided further, That $3,000,000
shall be made available to the Housing Assistance Council,
$1,000,000 shall be made available to the Native American
Indian Housing Council, $4,000,000 shall be made available to
the Housing Partnership Network, and $1,000,000 shall be made
available to the Special Olympics, to remain available until
September 30, 2008.

Homeless Assistance Grants

(including transfer of funds)

For the emergency shelter grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as
authorized under subtitle C of title IV of such Act; the
section 8 moderate rehabilitation single room occupancy
program as authorized under the United States Housing Act of
1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act;
and the shelter plus care program as authorized under
subtitle F of title IV of such Act, $1,340,000,000, of which
$1,320,000,000 shall remain available until September 30,
2008, and of which $20,000,000 shall remain available until
expended: Provided, That not less than 30 percent of funds
made available, excluding amounts provided for renewals under
the shelter plus care program, shall be used for permanent
housing: Provided further, That all funds awarded for
services shall be matched by 25 percent in funding by each
grantee: Provided further, That the Secretary shall renew on
an annual basis expiring contracts or amendments to contracts
funded under the shelter plus care program if the program is
determined to be needed under the applicable continuum of
care and meets appropriate program requirements and financial
standards, as determined by the Secretary: Provided further,
That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment
programs for which homeless populations may be eligible,
including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food
Stamps, and services funding through the Mental Health and
Substance Abuse Block Grant, Workforce Investment Act, and
the Welfare-to-Work

[[Page H5446]]

grant program: Provided further, That up to $11,674,000 of
the funds appropriated under this heading shall be available
for the national homeless data analysis project and technical
assistance: Provided further, That $1,000,000 of the funds
appropriated under this heading shall be transferred to the
Working Capital Fund: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter
Plus Care Renewal account and transferred to this account be
available, if recaptured, for Shelter Plus Care renewals in
fiscal year 2006.

Housing Programs

Housing for the Elderly

(including transfer of funds)

For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive
services associated with the housing, $741,000,000, to remain
available until September 30, 2009, of which amount
$49,600,000 shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects, and of which amount
up to $24,800,000 shall be for grants under section 202b of
the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of
eligible projects under such section to assisted living or
related use and for emergency capital repairs as determined
by the Secretary: Provided, That amounts made available under
this heading shall be available for Real Estate Assessment
Center inspections and inspection-related activities
associated with section 202 capital advance projects:
Provided further, That $400,000 shall be transferred to the
Working Capital Fund: Provided further, That the Secretary
may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the
initial contract term for such assistance shall not exceed 5
years in duration.

Housing for Persons With Disabilities

(including transfer of funds)

For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act, for
project rental assistance for supportive housing for persons
with disabilities under section 811(d)(2) of such Act,
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, and for tenant-based rental
assistance contracts entered into pursuant to section 811 of
such Act, $238,100,000 to remain available until September
30, 2009: Provided, That $400,000 shall be transferred to the
Working Capital Fund: Provided further, That, of the amount
provided under this heading $78,300,000 shall be for
amendments or renewal of tenant-based assistance contracts
entered into prior to fiscal year 2005 (only one amendment
authorized for any such contract): Provided further, That of
the amount provided under this heading, the Secretary may
make available up to $5,000,000 for incremental tenant-based
rental assistance, as authorized by section 811 of such Act
(which assistance is 5 years in duration): Provided further,
That all tenant-based assistance made available under this
heading shall continue to remain available only to persons
with disabilities: Provided further, That the Secretary may
waive the provisions of section 811 governing the terms and
conditions of project rental assistance and tenant-based
assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration: Provided
further That amounts made available under this heading shall
be available for Real Estate Assessment Center Inspections
and inspection-related activities associated with Section 811
Capital Advance Projects.

other assisted housing programs

rental housing assistance

For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, non-insured rental housing projects,
$26,400,000, to remain available until expended.

Flexible Subsidy Fund

(transfer of funds)

From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2005,
and any collections made during fiscal year 2006 and all
subsequent fiscal years, shall be transferred to the Flexible
Subsidy Fund, as authorized by section 236(g) of the National
Housing Act, as amended.

Payment to Manufactured Housing Fees Trust Fund

For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974, as amended (42 U.S.C. 5401 et seq.), up to $12,896,000
to remain available until expended, to be derived from the
Manufactured Housing Fees Trust Fund: Provided, That not to
exceed the total amount appropriated under this heading shall
be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount
made available under this heading from the general fund shall
be reduced as such collections are received during fiscal
year 2006 so as to result in a final fiscal year 2006
appropriation from the general fund estimated at not more
than $0 and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2006
appropriation.

Federal Housing Administration

mutual mortgage insurance program account

(including transfers of funds)

During fiscal year 2006, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
During fiscal year 2006, obligations to make direct loans
to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $50,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales
of single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the
guaranteed and direct loan program, $355,000,000, of which
not to exceed $351,000,000 shall be transferred to the
appropriation for ``Salaries and expenses''; and not to
exceed $4,000,000 shall be transferred to the appropriation
for ``Office of Inspector General''. In addition, for
administrative contract expenses, $62,600,000, of which
$18,281,000 shall be transferred to the Working Capital Fund:
Provided, That to the extent guaranteed loan commitments
exceed $65,500,000,000 on or before April 1, 2006, an
additional $1,400 for administrative contract expenses shall
be available for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $30,000,000.

General and Special Risk Program Account

(including transfers of funds)

For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z-3
and 1735c), including the cost of loan guarantee
modifications, as that term is defined in section 502 of the
Congressional Budget Act of 1974, as amended, $8,800,000, to
remain available until expended: Provided, That commitments
to guarantee loans shall not exceed $35,000,000,000 in total
loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $50,000,000, of
which not to exceed $30,000,000 shall be for bridge financing
in connection with the sale of multifamily real properties
owned by the Secretary and formerly insured under such Act;
and of which not to exceed $20,000,000 shall be for loans to
nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary
and formerly insured under such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $231,400,000, of
which $211,400,000 shall be transferred to the appropriation
for ``Salaries and Expenses''; and of which $20,000,000 shall
be transferred to the appropriation for ``Office of Inspector
General''.
In addition, for administrative contract expenses necessary
to carry out the guaranteed and direct loan programs,
$71,900,000, of which $10,800,000 shall be transferred to the
Working Capital Fund: Provided, That to the extent guaranteed
loan commitments exceed $8,426,000,000 on or before April 1,
2006, an additional $1,980 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments over $8,426,000,000 (including a
pro rata amount for any increment below $1,000,000), but in
no case shall funds made available by this proviso exceed
$14,400,000.

Government National Mortgage Association

Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

(including transfer of funds)

New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$200,000,000,000, to remain available until September 30,
2007.
For administrative expenses necessary to carry out the
guaranteed mortgage-backed securities program, $10,700,000,
to be derived from the GNMA guarantees of mortgage-backed
securities guaranteed loan receipt account, of which not to
exceed $10,700,000, shall be transferred to the appropriation
for ``Salaries and Expenses''.

Policy Development and Research

Research and Technology

For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970, as
amended (12 U.S.C. 1701z-1 et

[[Page H5447]]

seq.), including carrying out the functions of the Secretary
under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, $60,600,000, to remain available until September 30,
2007: Provided, That of the total amount provided under this
heading, $5,000,000 shall be for the Partnership for
Advancing Technology in Housing (PATH) Initiative: Provided
further, That of the amounts made available for PATH under
this heading, $2,500,000 shall not be subject to the
requirements of section 305 of this title: Provided further,
That of funds made available under this heading, $750,000
shall be transferred to the National Research Council for a
study in accordance with the accompanying Report: Provided
further, That $29,038,000 is for grants pursuant to section
107 of the Housing and Community Development Act of 1974, as
amended, as follows: $2,989,000 to support Alaska Native
serving institutions and Native Hawaiian serving institutions
as defined under the Higher Education Act, as amended;
$2,562,000 for tribal colleges and universities to build,
expand, renovate, and equip their facilities and to expand
the role of the colleges into the community through the
provision of needed services such as health programs, job
training and economic development activities; $8,967,000 for
Historically Black Colleges and Universities program, of
which up to $2,000,000 may be used for technical assistance;
$5,979,000 for the Community Outreach Partnership Program;
$5,979,000 for the Hispanic Serving Institutions Program; and
$2,562,000 for the Community Development Work Study Program.

Fair Housing and Equal Opportunity

Fair Housing Activities

For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $38,800,000, to remain
available until September 30, 2007, of which $16,100,000
shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this
heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a
specific contract, grant or loan.

Office of Lead Hazard Control

Lead Hazard Reduction

For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $119,000,000, to remain available
until September 30, 2007, of which $8,800,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970 that
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental review,
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act, a grant under the Healthy Homes
Initiative, Operation Lead Elimination Action Plan (LEAP), or
the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this
heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994.

Management and Administration

Salaries and Expenses

(including transfer of funds)

For necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms,
or allowances therefore, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109; and not to exceed $25,000 for official reception
and representation expenses, $1,152,535,000, of which
$562,400,000 shall be provided from the various funds of the
Federal Housing Administration, $10,700,000 shall be provided
from funds of the Government National Mortgage Association,
$150,000 shall be provided by transfer from the ``Native
American housing block grants'' account, $250,000 shall be
provided by transfer from the ``Indian housing loan guarantee
fund program'' account and $35,000 shall be transferred from
the ``Native Hawaiian housing loan guarantee fund'' account:
Provided, That funds made available under this heading shall
only be allocated in the manner specified in the Report
accompanying this Act unless the Committees on Appropriations
of both the House of Representatives and the Senate are
notified of any changes in an operating plan or
reprogramming: Provided further, That no official or employee
of the Department shall be designated as an allotment holder
unless the Office of the Chief Financial Officer (OCFO) has
determined that such allotment holder has implemented an
adequate system of funds control and has received training in
funds control procedures and directives: Provided further,
That the Chief Financial Officer shall establish positive
control of and maintain adequate systems of accounting for
appropriations and other available funds as required by 31
U.S.C. 1514: Provided further, That for purposes of funds
control and determining whether a violation exists under the
Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of
obligation shall be the executed agreement or contract,
except with respect to insurance and guarantee programs,
certain types of salaries and expenses funding, and
incremental funding that is authorized under an executed
agreement or contract, and shall be designated in the
approved funds control plan: Provided further, That the Chief
Financial Officer shall: (1) appoint qualified personnel to
conduct investigations of potential or actual violations; (2)
establish minimum training requirements and other
qualifications for personnel that may be appointed to conduct
investigations; (3) establish guidelines and timeframes for
the conduct and completion of investigations; (4) prescribe
the content, format and other requirements for the submission
of final reports on violations; and (5) prescribe such
additional policies and procedures as may be required for
conducting investigations of, and administering, processing,
and reporting on, potential and actual violations of the
Anti-Deficiency Act and all other statutes and regulations
governing the obligation and expenditure of funds made
available in this or any other Act: Provided further, That up
to $15,000,000 may be transferred to the Working Capital
Fund.

Working Capital Fund

For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide information technology
systems, for the continuing operation of both Department-wide
and program-specific information systems, and for program-
related development activities, $165,000,000, to remain
available until September 30, 2007: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts or from within this
Act may be used for the purposes specified under this Fund,
in addition to the purposes for which such amounts were
appropriated.

Office of Inspector General

(including transfer of funds)

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $103,000,000, of which $24,000,000 shall be provided
from the various funds of the Federal Housing Administration:
Provided, That the Inspector General shall have independent
authority over all personnel issues within this office.

Office of Federal Housing Enterprise Oversight

Salaries and Expenses

(including transfer of funds)

For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed
$500 for official reception and representation expenses,
$60,000,000, to remain available until expended, to be
derived from the Federal Housing Enterprises Oversight Fund:
Provided, That of the amount made available under this
heading, $5,000,000 is for litigation and to continue ongoing
special investigations of the Federal housing enterprises:
Provided further, That the Director shall submit a spending
plan for the amounts provided under this heading no later
than January 15, 2005: Provided further, That not less than
80 percent of total amount made available under this heading
shall be used only for examination, supervision, and capital
oversight of the enterprises (as such term is defined in
section 1303 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure
that the enterprises are operating in a financially safe and
sound manner and complying with the capital requirements
under Subtitle B of such Act: Provided further, That not to
exceed the amount provided herein shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received
during the fiscal year so as to result in a final
appropriation from the general fund estimated at not more
than $0.

Administrative Provisions

Sec. 301. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437
note) shall be rescinded, or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 302. None of the amounts made available under this Act
may be used during fiscal year 2006 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a non-

[[Page H5448]]

frivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government
official or entity, or a court of competent jurisdiction.
Sec. 303. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2006 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2006 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2006 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2006, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2006 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of New York, New York, on behalf of the New York-Wayne-
White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-
Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development
by: (1) allocating to the City of Jersey City, New Jersey,
the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is
located in Hudson County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to
the City of Paterson, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the
metropolitan area or division that is located in Bergen
County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The recipient cities
shall use amounts allocated under this subsection to carry
out eligible activities under section 855 of the AIDS Housing
Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New
Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2006 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas
with a higher than average per capita incidence of AIDS,
shall be adjusted by the Secretary on the basis of area
incidence reported over a three year period.
Sec. 304. (a) During fiscal year 2006, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan notwithstanding paragraphs (3) and (18)(B)(iii)
of such section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
Sec. 305. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title III of this Act shall be made on a competitive basis
and in accordance with section 102 of the Department of
Housing and Urban Development Reform Act of 1989.
Sec. 306. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 307. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 308. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, as amended, are hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the
budget for 2006 for such corporation or agency except as
hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or
mortgage purchase commitments only to the extent expressly
provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not
apply to the mortgage insurance or guaranty operations of
these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 309. None of the funds provided in this title for
technical assistance, training, or management improvements
may be obligated or expended unless HUD provides to the
Committees on Appropriations a description of each proposed
activity and a detailed budget estimate of the costs
associated with each program, project or activity as part of
the Budget Justifications. For fiscal year 2006, HUD shall
transmit this information to the Committees by March 15, 2006
for 30 days of review.
Sec. 310. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 311. Notwithstanding any other provision of law, in
fiscal year 2006, in managing and disposing of any
multifamily property that is owned or held by the Secretary
and is occupied primarily by elderly or disabled families,
the Secretary of Housing and Urban Development shall maintain
any rental assistance payments under section 8 of the United
States Housing Act of 1937 that are attached to any dwelling
units in the property. To the extent the Secretary determines
that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance
payments under such section 8, the Secretary may, in
consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties or provide other
rental assistance.
Sec. 312. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2006 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the City of Wilmington, Delaware, on behalf of
the Wilmington, Delaware-Maryland-New Jersey Metropolitan
Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2006 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Cary,
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2006 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number
of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated
to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.

[[Page H5449]]

Sec. 313. Notwithstanding any other provision of law, for
this fiscal year and every fiscal year thereafter, funds
appropriated for housing for the elderly, as authorized by
section 202 of the Housing Act of 1959, as amended, and for
supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act, shall be available for the cost of
maintaining and disposing of such properties that are
acquired or otherwise become the responsibility of the
Department.
Sec. 314. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2006
and annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted
units under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 315. The Department of Housing and Urban Development
shall submit the Department's fiscal year 2006 congressional
budget justifications to the Committees on Appropriations of
the House of Representatives and the Senate using the
identical structure provided under this Act and only in
accordance with the direction specified in the report
accompanying this Act.
Sec. 316. That incremental vouchers previously made
available under the heading ``Housing Certificate Fund'' or
renewed under the heading, ``Tenant-Based Rental
Assistance,'' for non-elderly disabled families shall, to the
extent practicable, continue to be provided to non-elderly
disabled families upon turnover.
Sec. 317. A public housing agency or such other entity that
administers Federal housing assistance in the States of
Alaska, Iowa, and Mississippi shall not be required to
include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 in the States of Alaska, Iowa and Mississippi
shall establish an advisory board of not less than 6
residents of public housing or recipients of section 8
assistance to provide advice and comment to the public
housing agency or other administering entity on issues
related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
Sec. 318. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 319. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 320. Clarification Regarding Mortgage Insurance for
Purchase of Existing Health Care Facilities.--Section
223(f)(1) of the National Housing Act is amended by inserting
``purchase or'' immediately before ``refinancing of existing
debt''.
Sec. 321. Notwithstanding any other provision of law, for
fiscal year 2006 and thereafter, all mortgagees receiving
interest reduction payments under section 236 of the National
Housing Act (12 U.S.C. 1715z-1) shall submit only electronic
invoices to the Department of Housing and Development in
order to receive such payments.The mortgagees shall comply
with this requirement no later than 90 days from the date of
enactment of this provision.
Sec. 322. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q-2) after December 26, 2000, in
accordance with the unnumbered paragraph at the end of
section 202b(b) of such Act, may, at its option, establish a
single-asset nonprofit entity to own the project and may lend
the grant funds to such entity, which may be a private
nonprofit organization described in section 831 of the
American Homeownership and Economic Opportunity Act of 2000.

Mr. KNOLLENBERG (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of the bill through page 109, line 12, be
considered as read, printed in the Record, and open to amendment at any
point.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
The Acting CHAIRMAN. Are there any amendments to that portion of the
bill?
If not, the Clerk will read.
The Clerk read as follows:

TITLE IV--THE JUDICIARY

Supreme Court of the United States

Salaries and Expenses

For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $60,730,000, of which $2,000,000 shall remain
available until expended.

Amendment Offered by Mr. King of Iowa

Mr. KING of Iowa. 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. King of Iowa:
Page 110, line 1, insert after the dollar figure the
following: ``(reduced by $1,500,000)''.

The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Iowa (Mr. King) and the gentleman from Michigan (Mr.
Knollenberg) each will control 5 minutes.
The Chair recognizes the gentleman from Iowa (Mr. King).
Mr. KING of Iowa. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I bring an amendment here before this body to address
an issue that we have discussed here in earlier amendments that has to
do with the fifth amendment decision by the Supreme Court.
American homes and businesses are no longer safe after the recent
Supreme Court ruling in the Kelo v. City of New London. The Supreme
Court allowed the government to seize private property for private use,
not public use, and without a justifiable public use, totally
contradicting our Constitution. The fifth amendment to our Constitution
is clear: the government can only seize private property for public
use; and when it does, it must pay just compensation.
The fifth amendment says: ``Nor shall private property be taken for
public use without just compensation.''
What good are the property rights protected by our Constitution if
the government can take your own home away from you whenever it wants?
Our free society is based upon property rights; and without the right
to private property, our economy would fail, and Americans would be
unable to keep or enjoy the fruits of their labor.
The use of eminent domain for private property is a perversion of
what eminent domain is supposed to be. Eminent domain can be used to
build roads and for other similar public-use projects, but the power of
eminent domain has been abused by State and local governments to
benefit private property development. That is simply wrong. The
homeowners should not be forced out of their homes or to sell their
other private interests by the strong arm of the Supreme Court. But the
Kelo v. City of New London in its recent decision this week does that,
Mr. Chairman; and it takes away the homes of a number of individuals,
at least 15 of them, and I would point these out.
This is the home of Susanne and Matt Dery. They may lose their home
of 20 years. And this is the home of Bill Von Winkle, it is his
business, it is one of the 15 properties condemned for economic
development, Mr. Von Winkle. Here is the subject of the lawsuit,
Susette Kelo. She received notice of condemnation of her New London
home from the Development Corporation of New London that had been
granted the authorization by the city council the day before
Thanksgiving in the year 2000.
This runs exactly contrary to the protection that we are to have in
the fifth amendment; and yet the Supreme Court has disregarded the
Constitution and, in fact, amended the Constitution in this rolling
constitutional convention that seems to be coming at us nearly every
week from the Supreme Court.
So my amendment strikes $1.5 million from the overall budget of the
Supreme Court, out of the $60 million; and it is roughly the amount,
the nominal amount of the homes that will be confiscated in New London.
It is a token. It is nominal. It is not the full value of those homes,
Mr. Chairman.

{time} 2100

But what it does is say is this Congress is going to speak up for the
people whose property rights have been significantly diminished by this
decision, this Kilo decision, and we are going to find a way to defend
the property rights of the people of this country.

[[Page H5450]]

Mr. Chairman, I reserve the balance of my time.
Mr. KNOLLENBERG. Mr. Chairman, I yield myself such time as I may
consume.
The committee provided additional support for the Supreme Court
salaries and expense accounts in order to hire additional police
officers and a threat assessment officer. I understand part of what the
gentleman is saying. He disagrees with the decision of the court. But I
think the idea of reducing funding is going in the wrong direction.
Reducing this funding would weaken security at the court at the very
time when threats and violence against judges is a real concern. And I
do understand the gentleman's concern with the recent imminent domain
ruling. But I do not want to jeopardize court security to make a
political point. I think it is the wrong decision.
Furthermore, I do not recall a single time in my tenure when this
House cut funding for the Supreme Court to punish it for a ruling. And
that is the part I disagree with very strongly. So I would urge a
``no'' vote.
Mr. Chairman, I yield to the gentleman from Massachusetts (Mr.
Olver), my ranking member for any thoughts he has on this amendment.
Mr. OLVER. Mr. Chairman, I thank the gentleman for yielding. I think
this puts us on a remarkably slippery slope, the proposal that has been
made by the gentleman from Indiana. Each of us take an oath to uphold
the Constitution, and that includes upholding the separation of powers
between the branches of this government, for one thing.
For a second thing, the Supreme Court is at this time, if I remember
correctly, six out of the nine justices have been named by Republican
conservative presidents or are supposedly from at least the Republican
side. And so this is not a liberal court. This is a centrist court, if
not a slightly conservative court. So here we are with a proposal. If I
remember correctly, there were, in fact, two decisions, each of them
taken by a five-to-four vote, and someone switched there. I do not
remember exactly which person switched, so that the commentators that I
saw commenting on this in columns suggested that the sum total of what
had been done with those two decisions left the situation essentially
what it was over the body of material that was being covered by the two
decisions. So I think this is a remarkably bold suggestion that we
should punish a court, a court in the situation that I have described
for a decision which really makes a very minor change in the
circumstances. And I would certainly oppose the gentleman's amendment.
Mr. KNOLLENBERG. Mr. Chairman, I reserve the balance of my time.
Mr. KING of Iowa. Mr. Chairman, I yield myself as much time as I may
consume.
Mr. Chairman, I would point out that we did increase the budget to
the Supreme Court this year and significantly. This is a $60 million
operating budget. About $2 million of that goes for the wages of the
Supreme Court Justices. The balance of that is for operations. This
simply goes to their administrative fees. They would be the ones that
could prioritize their security versus the overall cost. But if this is
a precedent to reduce funding, in fact, it is not reducing funding. It
is just reducing the increase in funding, $1.5 million. If this is a
precedent, then so be it. It is time we had a precedent. The judges in
the Supreme Court swear to uphold the Constitution just like we do, and
they are the last people on this continent that should be amending the
Constitution. They are charged to uphold the Constitution. This
Congress needs to send a message.
I would point out, too, that I am far from in the minority on this
opinion, and I do not look at the Supreme Court Justices as whether
they are appointed by the Republicans or by the Democrats. When they go
to court, they do not seem to maintain some of the semblance of their
previous party, and I think we all recognize that. But I will say, it
was a five-four decision. It was a decision as close as a decision can
be, and if one of justices had changed their mind, it would be five-
four the other way. And we have a Constitution that is at least
partially whole for the fifth amendment. But what we have particularly,
I want to point out on this Floor that Justice O'Connor is one who I
agree with on this case, and she said, and I quote in her opinion:
``The absurd argument that any single-family home that might be razed
to make way for an apartment building or any church that might be
replaced with a retail store, or any small business that might be more
lucrative if it were instead part of a national franchise, it is
inherently harmful to society and thus within the government's power to
condemn.''
I ask for a ``yes'' vote.
Mr. Chairman, I yield back the balance of my time.
Mr. KNOLLENBERG. Mr. Chairman, I yield myself such time as I may
consume.
Just in closing, I recognize the gentleman has some difficulty in
that decision. But as I said before, this is something that I have
never heard in the history, certainly in my history, where we were
asked to penalize the Supreme Court for a decision.
The thing I would say is, yes, there are individuals on the Supreme
Court that we may have more identification with, more support for and
would reinforce. But it is nine people that make the decision, not one.
And so I think that we should leave it as it is, and I urge a ``no''
vote on this amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. KING of Iowa. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Iowa (Mr. King) will be
postponed.
The Clerk will read.
The Clerk read as follows:

Care of the Building and Grounds

For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $5,624,000, which shall remain available until
expended.

United States Court of Appeals for the Federal Circuit

Salaries and Expenses

For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $24,613,000.

United States Court of International Trade

Salaries and Expenses

For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$15,480,000.

Courts of Appeals, District Courts, and Other Judicial Services

Salaries and Expenses

For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,348,780,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects; of which
$1,300,000 of the funds provided for the Judiciary
Information Technology Fund will be for the Edwin L. Nelson
Local Initiatives Program, within which $1,000,000 will be
reserved for local court grants.

Amendment Offered by Ms. Herseth

Ms. HERSETH. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Ms. Herseth:
Page 111, line 5, after the dollar amount, insert
``(increased by $6,900,000)''.
Page 164, line 12, after the first dollar amount, insert
``(reduced by $6,900,000)''.
Page 168, line 25, after the dollar amount, insert
``(reduced by $6,900,000)''.

The CHAIRMAN. Pursuant to the order of the House today, the
gentlewoman from South Dakota (Ms. Herseth) and the gentleman from
Michigan (Mr. Knollenberg) each will control 5 minutes.
The Chair recognizes the gentlewoman from South Dakota (Ms. Herseth).

[[Page H5451]]

Ms. HERSETH. Mr. Chairman, I yield myself such time as I may consume.
I would like to begin by thanking the gentleman from Michigan (Mr.
Knollenberg) and the gentleman from Massachusetts (Mr. Olver) and the
members of the subcommittee for their hard work on this appropriations
legislation. I realize that we are working with limited resources, and
I commend them for their bipartisan efforts to craft the best possible
legislation within the constraints of the budget resolution. But I am
compelled to offer this significant amendment to the Transportation,
Treasury and Housing appropriations bill.
Within this bill that funds large Federal agencies like the
Department of Transportation and the Department of Housing and Urban
Development, the Federal Judiciary often is overlooked. Yet, this year,
when the Congress has passed significant legislation that will increase
the workload of the courts, we need to remember our responsibility to
the Judiciary, our coequal branch of government.
I had the privilege of working not only with a Federal District Court
judge but also a Federal Appellate Court judge. I recognize their
workload, their commitment and their dedication to serving our country.
And I think that this amendment is fairly straightforward in
recognition of their continued hard work in light of the significant
legislation that increases their workload. It would add $6.9 million to
the salaries and expenditures account in the Court of Appeals, District
courts and other judicial services subsection of title IV of this act.
It would be fully offset from the Federal buildings fund of the General
Services Administration.
This amendment will provide our Federal court system with the
resources they need to manage the surge of complex litigation that they
will receive as a result of the recently enacted Class Action Fairness
Act of 2005. The administrative office of the U.S. courts has projected
that as many as 300 complex class action lawsuits will be moved out of
State courts and into Federal courts as a result of this new law, at an
estimated cost of $23,000 per case for a total cost of $6.9 million.
Federal courts are already burdened with a huge docket of criminal
and immigration cases. Failure to increase funding for Federal courts
to account for the increase in complicated class actions that will flow
from the Class Action Fairness Act will drastically delay the judicial
process for thousands of plaintiffs and defendants seeking civil
redress in our Federal courts.
The Senate has already recognized this need. In the 2005 emergency
supplemental appropriations bill, it sought to provide increased
funding to the Judiciary, but its language was stripped out in
conference. It is time for the House to take responsibility for the
anticipated impact of the Class Action Fairness Act when imposing
significant new costs on the coequal branch of government. We have a
duty to provide the necessary resources to meet those costs. My
amendment will provide this funding, and I urge my colleagues to
support it.
Mr. Chairman, I reserve the balance of my time.
Mr. KNOLLENBERG. Mr. Chairman, I yield myself such time as I may
consume. This amendment proposes to add $6.9 million to the Judiciary
to pay for class action lawsuits. And I am certainly familiar with
class action lawsuits. What I am not concerned about is class action
lawsuits but rather the fact that the money that is coming out of GSA
is becoming a burden, a big burden.
The Judiciary has received an increase of more than $325 million
above last year, or more than 6 percent. Of that total, the amendment
received a $223 million increase in the bill. That is $223 million up.
While I am sympathetic to the needs of the Judiciary, I believe that
sufficient funds are being provided in the bill to address the intent
of the amendment.
Furthermore, as I said, GSA is being threatened, it seems, with death
by a thousand cuts. I ask that the House not support amendment that
compromise GSA's ability to provide safe and clean facilities for
government agencies. And so therefore, I ask for a ``no'' vote.
Mr. Chairman, I reserve the balance of my time.
Ms. HERSETH. Mr. Chairman, I yield myself such time as I may consume.
I appreciate the Chairman's concern about the GSA account. However,
it is substantial. We know in our dealings with GSA that they can
withstand certain cuts. I know other amendments throughout the day and
this evening have been offered and have identified the GSA account for
offsets. However, this is $6.9 million. I know that the chairman has
acknowledged that the Judiciary has received an increase, but I would
contend that it is nowhere near what is necessary for our coequal
branch of government. Not only have we increased their jurisdiction
from the Class Action Fairness Act, but other legislation passed by
this body throughout this term. And I believe it is important
especially when we are dealing with litigants who are trying to get
civil relief.
I have seen for myself, in working at the District Court level, other
civil actions that keep getting pushed back and pushed back and pushed
back because of the need to handle the increased caseload in both
criminal law and immigration cases. And so I contend that the $6.9
million can be withstood out of the GSA account, and that is necessary
to increase this funding, particularly for the complex litigation that
will make its way from the State courts into the Federal courts.
So while I acknowledge the chairman's concern, I would continue to
urge my colleagues to take a close look; understand that this is not a
significant amount coming out of a very sizable account for GSA to help
our colleagues in the judicial branch.
Mr. Chairman, I reserve the balance of my time.
Mr. KNOLLENBERG. Mr. Chairman, I yield myself such time as I may
consume.
I said pretty much what I felt was at issue here. And I think again
it is GSA. If you remember when we started earlier in the day, GSA
became the focus for any kind of money for any kind of purpose. And if
anybody is doing any totaling, they will know that we are really
stretching what ultimately is going to become a difficult problem for
GSA. So when does the money have to flow back into GSA? At some point.
I would rather not even go that direction and say that, as I have said
before, that I would really prefer that the House not support
amendments that compromise GSA's ability to provide safe and clean
facilities for government agencies, and so I ask for a ``no'' vote.
Mr. Chairman, I reserve the balance of my time.

{time} 2115

Ms. HERSETH. Mr. Chairman, I yield myself such time as I may consume.
Just a final point. It becomes difficult when we are trying to
allocate these limited resources, I know; and I would commend GSA for
the work that it has done. But I do believe that when we are looking at
our colleagues in the judiciary, a co-equal branch of government, and
in response to not only Supreme Court decisions that will increase the
workload in the area of sentencing for many of our judges, but again,
the continued increase that we have seen in the criminal case load,
immigration cases and elsewhere, that our primary concern should be
with civil litigants, and we should be able to find this offset from
GSA.
Mr. Chairman, I yield back the balance of my time.
Mr. KNOLLENBERG. Mr. Chairman, I yield myself such time as I may
consume.
Just briefly, the reason everybody is going to GSA is that is about
the only place they can go for money. There is not any out there. So I,
again, would ask strongly for a ``no'' vote on this amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from South Dakota (Ms. Herseth).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Ms. HERSETH. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentlewoman from South Dakota (Ms.
Herseth) will be postponed.
The CHAIRMAN. The Clerk will read.

[[Page H5452]]

The Clerk read as follows:

In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$3,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.

Defender Services

For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under the Criminal Justice Act
of 1964, as amended (18 U.S.C. 3006A); the compensation and
reimbursement of expenses of persons furnishing
investigative, expert and other services under the Criminal
Justice Act of 1964 as amended (18 U.S.C. 3006A(e)); the
compensation (in accordance with Criminal Justice Act
maximums) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the
defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of
guardians ad litem acting on behalf of financially eligible
minor or incompetent offenders in connection with transfers
from the United States to foreign countries with which the
United States has a treaty for the execution of penal
sentences; the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d); and for
necessary training and general administrative expenses,
$721,919,000, to remain available until expended.

Fees of Jurors and Commissioners

For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $60,053,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.

Court Security

(including transfer of funds)

For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $379,461,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.

Administrative Office of the United States Courts

Salaries and Expenses

For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $70,262,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.

Federal Judicial Center

Salaries and Expenses

For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $22,249,000; of which
$1,800,000 shall remain available through September 30, 2007,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.

Judicial Retirement Funds

Payment to Judiciary Trust Funds

For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $36,800,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$600,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$3,200,000.

United States Sentencing Commission

Salaries and Expenses

For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$14,046,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.

Administrative Provisions--The Judiciary

Sec. 401. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 810 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 403. Notwithstanding any other provision of law, the
salaries and expenses appropriation for Courts of Appeals,
District Courts, and Other Judicial Services shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.

TITLE V--THE DISTRICT OF COLUMBIA

Federal Funds

Federal Payment for Resident Tuition Support

For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $33,200,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District
of Columbia Chief Financial Officer, who shall use those
funds solely for the purposes of carrying out the Resident
Tuition Support Program: Provided further, That the Office of
the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations of the
House of Representatives and Senate for these funds showing,
by object class, the expenditures made and the purpose
therefor: Provided further, That not more than $1,200,000 of
the total amount appropriated for this program may be used
for administrative expenses.

Federal Payment for Emergency Planning and Security Costs in the
District of Columbia

For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$15,000,000, to remain available until expended, to reimburse
the District of Columbia for the costs of providing public
safety at events related to the presence of the national
capital in the District of Columbia and for the costs of
providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or
surrounding jurisdictions: Provided, That any amount provided
under this heading shall be available only after notice of
its proposed use has been transmitted by the President to
Congress and such amount has been apportioned pursuant to
chapter 15 of title 31, United States Code.

Federal Payment to the District of Columbia Courts

For salaries and expenses for the District of Columbia
Courts, $221,693,000, to be allocated as follows: for the
District of Columbia Court of Appeals, $9,198,000, of which
not to exceed $1,500 is for official reception and
representation expenses; for the District of Columbia
Superior Court, $87,342,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the
District of Columbia Court System, $41,643,000, of which not
to exceed $1,500 is for official reception and representation
expenses; and $83,510,000, to remain available until
September 30, 2007, for capital improvements for District of
Columbia courthouse facilities: Provided, That
notwithstanding any other provision of law, a single contract
or related contracts for development and construction of
facilities may be employed which collectively include the
full scope of the project: Provided further, That the
solicitation and contract shall contain the clause
``availability of Funds'' found at 48 CFR 52.232-18: Provided
further, That funds made available for capital improvements
shall be expended consistent with the General Services
Administration master plan study and building evaluation
report: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated

[[Page H5453]]

for salaries and expenses of other Federal agencies, with
payroll and financial services to be provided on a
contractual basis with the General Services Administration
(GSA), and such services shall include the preparation of
monthly financial reports, copies of which shall be submitted
directly by GSA to the President and to the Committees on
Appropriations of the House of Representatives and Senate,
the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of
the Senate: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and Senate, the District of Columbia
Courts may reallocate not more than $1,000,000 of the funds
provided under this heading among the items and entities
funded under this heading for operations, and not more than 4
percent of the funds provided under this heading for
facilities.

Defender Services in District of Columbia Courts

For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance and such
other services as are necessary to improve the quality of
guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Code, and payments for counsel authorized under
section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $45,000,000, to remain available until
expended: Provided, That the funds provided in this Act under
the heading ``Federal Payment to the District of Columbia
Courts'' (other than the $83,510,000 provided under such
heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under
this heading: Provided further, That in addition to the funds
provided under this heading, the Joint Committee on Judicial
Administration in the District of Columbia may use funds
provided in this Act under the heading ``Federal Payment to
the District of Columbia Courts'' (other than the $83,510,000
provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments
described under this heading for obligations incurred during
any fiscal year: Provided further, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided
futher, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided
on a contractual basis with the General Services
Administration (GSA), and such services shall include the
preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to
the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government
Reform of the House of Representatives, and the Committee on
Governmental Affairs of the Senate.

Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia

(including transfer of funds)

For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia and the
Public Defender Service for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $203,388,000, of which
not to exceed $2,000 is for official receptions and
representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which
$131,360,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons; of which $42,195,000 shall be available to
the Pretrial Services Agency; and of which $29,833,000 shall
be transferred to the Public Defender Service for the
District of Columbia: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That the Director is authorized
to accept and use gifts in the form of in-kind contributions
of space and hospitality to support offender and defendant
programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further,
That the Director shall keep accurate and detailed records of
the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for
audit and public inspection: Provided further, That the Court
Services and Offender Supervision Agency Director is
authorized to accept and use reimbursement from the D.C.
Government for space and services provided on a cost
reimbursable basis: Provided further, That the Public
Defender Service is authorized to charge fees to cover costs
of materials distributed and training provided to attendees
of educational events, including conferences, sponsored by
the Public Defender Service, and notwithstanding section 3302
of title 31, United States Code, said fees shall be credited
to the Public Defender Service account to be available for
use without further appropriation.

Federal Payment to the District of Columbia

Water and Sewer Authority

For a Federal payment to the District of Columbia Water and
Sewer Authority, $10,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.

Federal Payment for the Anacostia Waterfront Initiative

For a Federal payment to the District of Columbia
Department of Transportation, $5,000,000, to remain available
until September 30, 2007, for design and construction of a
continuous pedestrian and bicycle trail system from the
Potomac River to the District's border with Maryland.

Federal Payment to the Criminal Justice Coordinating Council

For a Federal payment to the Criminal Justice Coordinating
Council, $1,300,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.

Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia

For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $20,000,000: Provided,
That each entity that receives funding under this heading
shall submit to the Office of the Chief Financial Officer of
the District of Columbia (CFO) a report on the activities to
be carried out with such funds no later than March 15, 2006,
and the CFO shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives
and the Senate no later June 1, 2006.

Federal Payment for School Improvement

For a Federal payment for a school improvement program in
the District of Columbia, $41,616,000, to be allocated as
follows: for the District of Columbia Public Schools,
$13,525,000 to improve public school education in the
District of Columbia; for the State Education Office,
$13,525,000 to expand quality public charter schools in the
District of Columbia, to remain available until September 30,
2007; for the Secretary of the Department of Education,
$14,566,000 to provide opportunity scholarships for students
in the District of Columbia in accordance with division C,
title III of the District of Columbia Appropriations Act,
2004 (Public Law 108-199; 118 Stat. 126), of which up to
$1,000,000 may be used to administer and fund assessments.

Federal Payment for Bioterrorism and Forensics Laboratory

For a Federal payment to the District of Columbia,
$7,200,000, to remain available until September 30, 2007, for
design, planning, and procurement costs associated with the
construction of a bioterrorism and forensics laboratory:
Provided, That the District of Columbia shall provide an
additional $1,500,000 with local funds as a condition of
receiving this payment.

District of Columbia Funds

The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision
of law, except as provided in section 450A of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50a)
and provisions of this Act, the total amount appropriated in
this Act for operating expenses for the District of Columbia
for fiscal year 2006 under this heading shall not exceed the
lesser of the sum of the total revenues of the District of
Columbia for such fiscal year or $8,700,158,000 (of which
$5,007,344,000 shall be from local funds, $1,921,287,000
shall be from Federal grant funds, $1,754,399,000 shall be
from other funds, and $17,129,000 shall be from private
funds), in addition, $163,116,000 from funds previously
appropriated in this Act as Federal payments: Provided
further, That of the local funds, $466,830,000 shall be
derived from the District's general fund balance: Provided
further, That of these funds the District's intradistrict
authority shall be $468,486,000: Provided further, That the
amounts provided under this heading are to be allocated and
expended as proposed under ``Title II-District of Columbia
Funds'' of the Fiscal Year 2006 Proposed Budget and Financial
Plan submitted to the Congress of the United States by the
District of Columbia on June 6, 2005: Provided further, That
this amount may be increased by proceeds of one-time
transactions, which are expended for emergency or
unanticipated operating or capital needs:

[[Page H5454]]

Provided further, That such increases shall be approved by
enactment of local District law and shall comply with all
reserve requirements contained in the District of Columbia
Home Rule Act as amended by this Act: Provided further, That
the Chief Financial Officer of the District of Columbia shall
take such steps as are necessary to assure that the District
of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District
during fiscal year 2006, except that the Chief Financial
Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for
capital projects.

Governmental Direction and Support

Administrative Provisions--District of Columbia

Sec. 501. Whenever in this title, an amount is specified
within an appropriation for a particular purposes or objects
of expenditure, such amount, unless otherwise specified,
shall be considered as the maximum amount that may be
expended for said purpose or object rather than an amount set
apart exclusively therefor.
Sec. 502. Appropriations in this title shall be available
for expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor, or, in the
case of the Council of the District of Columbia, funds may be
expended with the authorization of the Chairman of the
Council.
Sec. 503. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 504. (a) Except as provided in subsection (b), no part
of this appropriation shall be used for publicity or
propaganda purposes or implementation of any policy including
boycott designed to support or defeat legislation pending
before Congress or any State legislature.
(b) The District of Columbia may use local funds provided
in this title to carry out lobbying activities on any matter
other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit
any elected official from advocating with respect to any of
the issues referred to in subsection (b).
Sec. 505. (a) None of the funds provided under this title
to the agencies funded by this title, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2006, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this title, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) reestablishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,

unless the Committees on Appropriations of the House of
Representatives and Senate are notified in writing 15 days in
advance of the reprogramming.
(b) None the local funds contained in this title may be
available for obligation or expenditure for an agency through
a transfer of any local funds in excess of $3,000,000 from
one appropriation heading to another unless the Committees on
Appropriations of the House of Representatives and Senate are
notified in writing 15 days in advance of the transfer,
except that in no event may the amount of any funds
transferred exceed 4 percent of the local funds in the
appropriations.
Sec. 506. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this
title shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
Sec. 507. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139;
D.C. Official Code, sec. 1-601.01 et seq.), enacted pursuant
to section 422(3) of the District of Columbia Home Rule Act
(D.C. Official Code, sec. 1-204l.22(3)), shall apply with
respect to the compensation of District of Columbia
employees. For pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of
title 5, United States Code.
Sec. 508. No later than 30 days after the end of the first
quarter of fiscal year 2006, the Mayor of the District of
Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year 2006 revenue
estimates as of the end of such quarter. These estimates
shall be used in the budget request for fiscal year 2007. The
officially revised estimates at midyear shall be used for the
midyear report.
Sec. 509. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85;
D.C. Official Code, sec. 2-303.03), except that the District
of Columbia government or any agency thereof may renew or
extend sole source contracts for which competition is not
feasible or practical, but only if the determination as to
whether to invoke the competitive bidding process has been
made in accordance with duly promulgated rules and procedures
and has been reviewed and certified by the Chief Financial
Officer of the District of Columbia.
Sec. 510. None of the Federal funds provided in this title
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 511. None of the Federal funds made available in this
title may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official
Code, sec. 32-701 et seq.) or to otherwise implement or
enforce any system of registration of unmarried, cohabiting
couples, including but not limited to registration for the
purpose of extending employment, health, or governmental
benefits to such couples on the same basis that such benefits
are extended to legally married couples.
Sec. 512. (a) Notwithstanding any other provision of this
title, the Mayor, in consultation with the Chief Financial
Officer of the District of Columbia may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this title.
(b)(1) No such Federal, private, or other grant may be
obligated, or expended pursuant to subsection (a) until--
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed
information regarding such grant; and
(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the obligation, and
expenditure of a grant if--
(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the
receipt of the report from the Chief Financial Officer under
paragraph (1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar
days of the initial receipt of the report from the Chief
Financial Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under
subsection (b)(2) or in anticipation of the approval or
receipt of a Federal, private, or other grant not subject to
such subsection.
(d) The Chief Financial Officer of the District of Columbia
may adjust the budget for Federal, private, and other grants
received by the District government reflected in the amounts
appropriated in this title, or approved and received under
subsection (b)(2) to reflect a change in the actual amount of
the grant.
(e) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted
to the Council of the District of Columbia and to the
Committees on Appropriations of the House of Representatives
and Senate not later than 15 days after the end of the
quarter covered by the report.
Sec. 513. (a) Except as otherwise provided in this section,
none of the funds made available by this title or by any
other title may be used to provide any officer or employee of
the District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this paragraph, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Fire Chief;
(3) the Mayor of the District of Columbia; and

[[Page H5455]]

(4) the Chairman of the Council of the District of
Columbia.
(b) The Chief Financial Officer of the District of Columbia
shall submit by March 1, 2006, an inventory, as of September
30, 2005, of all vehicles owned, leased or operated by the
District of Columbia government. The inventory shall include,
but not be limited to, the department to which the vehicle is
assigned; the year and make of the vehicle; the acquisition
date and cost; the general condition of the vehicle; annual
operating and maintenance costs; current mileage; and whether
the vehicle is allowed to be taken home by a District officer
or employee and if so, the officer or employee's title and
resident location.
Sec. 514. None of the funds contained in this title may be
used for purposes of the annual independent audit of the
District of Columbia government for fiscal year 2006 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief
Financial Officer of the District of Columbia, pursuant to
section 208(a)(4) of the District of Columbia Procurement
Practices Act of 1985 (D.C. Official Code, sec. 2-302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the
revenues submitted in the budget document for such year and
the appropriations enacted into law for such year using the
format, terminology, and classifications contained in the law
making the appropriations for the year and its legislative
history.
Sec. 515. (a) None of the funds contained in this title may
be used by the District of Columbia Corporation Counsel or
any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 516. (a) None of the funds contained in this title may
be used for any program of distributing sterile needles or
syringes for the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds
contained in this title and who carries out any program
described in subsection (a) shall account for all funds used
for such program separately from any funds contained in this
title.
Sec. 517. None of the funds contained in this title may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this title to pay the salary of
any chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District of Columbia) who has not filed a certification with
the Mayor and the Chief Financial Officer of the District of
Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's
agency as a result of this title (and the amendments made by
this title), including any duty to prepare a report requested
either in the title or in any of the reports accompanying the
title and the deadline by which each report must be
submitted: Provided, That the Chief Financial Officer of the
District of Columbia shall provide to the Committees on
Appropriations of the House of Representatives and Senate by
the 10th day after the end of each quarter a summary list
showing each report, the due date, and the date submitted to
the Committees.
Sec. 518. Nothing in this title may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 519. The Mayor of the District of Columbia shall
submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government
Reform of the House of Representatives, and the Committee on
Governmental Affairs of the Senate quarterly reports
addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps
taken to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in
consultation with the District of Columbia Public Schools and
the District of Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the
District was eligible but failed to apply and the number and
type of grants awarded to the District but for which the
District failed to spend the amounts received; and
(7) indicators of child well-being.
Sec. 520. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer of
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2006 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal-services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency where the
Chief Financial Officer of the District of Columbia certifies
that a reallocation is required to address unanticipated
changes in program requirements.
Sec. 521. None of the Federal funds made available in this
title may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
Sec. 522. Notwithstanding any other law, in fiscal year
2006 and in each subsequent fiscal year, the District of
Columbia Courts shall transfer to the general treasury of the
District of Columbia all fines levied and collected by the
Courts under section 10(b)(1) and (2) of the District of
Columbia Traffic Act (D.C. Official Code, sec. 50-
2201.05(b)(1) and (2)): Provided, that the transferred funds
are hereby made available and shall remain available until
expended and shall be used by the Office of the Attorney
General of the District of Columbia for enforcement and
prosecution of District traffic alcohol laws in accordance
with section 10(b)(3) of the District of Columbia Traffic Act
(D.C. Official Code, sec. 50-2201.05(b)(3)).
Sec. 523. (a) None of the funds contained in this Act may
be made available to pay--
(1) the fees of an attorney who represents a party in an
action or an attorney who defends an action brought against
the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) in
excess of $4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief
Financial Officer of the District of Columbia determines to
have a pecuniary interest, either through an attorney,
officer, or employee of the firm, in any special education
diagnostic services, schools, or other special education
service providers.
(b) In this section, the term ``action'' includes an
administrative proceeding and any ensuing or related
proceedings before a court of competent jurisdiction.
Sec. 524. The Chief Financial Officer of the District of
Columbia shall require attorneys in special education cases
brought under the Individuals with Disabilities Education Act
(IDEA) in the District of Columbia to certify in writing that
the attorney or representative rendered any and all services
for which they receive awards, including those received under
a settlement agreement or as part of an administrative
proceeding, under the IDEA from the District of Columbia. As
part of the certification, the Chief Financial Officer of the
District of Columbia shall require all attorneys in IDEA
cases to disclose any financial, corporate, legal,
memberships on boards of directors, or other relationships
with any special education diagnostic services, schools, or
other special education service providers to which the
attorneys have referred any clients as part of this
certification. The Chief Financial Officer shall prepare and
submit quarterly reports to the Committees on Appropriations
of the House of Representatives and Senate on the
certification of and the amount paid by the government of the
District of Columbia, including the District of Columbia
Public Schools, to attorneys in cases brought under IDEA. The
Inspector General of the District of Columbia may conduct
investigations to determine the accuracy of the
certifications.
Sec. 525. The amount appropriated by this title may be
increased by no more than $42,000,000 from funds identified
in the comprehensive annual financial report as the
District's fiscal year 2005 unexpended general fund surplus.
The District may obligate and expend these amounts only in
accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of
each such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The amounts may not be obligated or expended unless the
Mayor notifies the Committees on Appropriations of the House
of

[[Page H5456]]

Representatives and Senate not fewer than 30 days in advance
of the obligation or expenditure.
Sec. 526. (a) The fourth proviso in the item relating to
``Federal Payment for School Improvement'' in the District of
Columbia Appropriations Act, 2005 (Public Law 108-335; 118
Stat. 1327) is amended--
(1) by striking ``$4,000,000'' and inserting ``$4,000,000,
to remain available until expended,''; and
(2) by striking ``$2,000,000 shall be for a new incentive
fund'' and inserting ``$2,000,000, to remain available until
expended, shall be for a new incentive fund''.
(b) The amendments made by subsection (a) shall take effect
as if included in the enactment of the District of Columbia
Appropriations Act, 2005.
Sec. 527. (a) To account for an unanticipated growth of
revenue collections, the amount appropriated as District of
Columbia Funds pursuant to this Act may be increased--
(1) by an aggregate amount of not more than 25 percent, in
the case of amounts proposed to be allocated as ``Other-Type
Funds'' in the Fiscal Year 2006 Proposed Budget and Financial
Plan submitted to Congress by the District of Columbia on
June 6, 2005; and
(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in
such Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any
increase in the amount of funds authorized under this section
only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated to have
a negative impact on the long-term financial, fiscal, or
economic health of the District.
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District
of Columbia in support of each such obligation and
expenditure, consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered
receivership.
(4) The amounts may not be obligated or expended unless the
Mayor has notified the Committees on Appropriations of the
House of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
Sec. 528. (a) Notwithstanding section 450A of the District
of Columbia Home Rule Act, during fiscal year 2006 the
District of Columbia may allocate amounts from the emergency
reserve fund established under section 450A(a) of such Act
and the contingency reserve fund established under section
450A(b) of such Act and use such amounts to fund the
operations of the District government during such fiscal year
(consistent with the requirements of this Act and other
applicable law).
(b) The aggregate amount allocated from the emergency
reserve fund or the contingency reserve fund under this
section may not exceed 50 percent of the balance of the fund
involved as of October 1, 2005.
(c) If the District of Columbia allocates any amounts from
a reserve fund under this section, the District shall fully
replenish the fund for the amounts allocated not later than
February 15, 2007.
Sec. 529. Notwithstanding any other provision of this Act,
there is hereby appropriated for the Office of the Inspector
General such amounts in local funds, as are consistent with
the annual estimates for the expenditures and appropriations
necessary for the operation of the Office of the Inspector
General as prepared by the Inspector General and submitted to
the Mayor and forwarded to the Council pursuant to D.C.
Official Code 2-302.08(a)(2)(A) for fiscal year 2005:
Provided, That the Office of the Chief Financial Officer
shall take such steps as are necessary to implement the
provisions of this subsection.
Sec. 530. (a) None of the funds contained in this title may
be used to enact or carry out any law, rule, or regulation to
legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 802) or any
tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 531. None of the funds appropriated under this title
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.

Mr. LEWIS of California (during the reading). Mr. Chairman, I ask
unanimous consent that the bill through page 148, line 23, be
considered as read, printed in the Record, and open to amendment at any
point.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

TITLE VI--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT

Compensation of the President

For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any
other purpose and any unused amount shall revert to the
Treasury pursuant to section 1552 of title 31, United States
Code.

White House Office

salaries and expenses

For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103);
and not to exceed $19,000 for official entertainment
expenses, to be available for allocation within the Executive
Office of the President, $53,830,000: Provided, That of the
funds appropriated under this heading, $750,000 shall be for
the Privacy and Civil Liberties Oversight Board.

Amendment No. 8 Offered by Mrs. Maloney

Mrs. MALONEY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 8 offered by Mrs. Maloney:
Page 150, line 1, strike ``$750,000'' and insert
``$3,000,000''.

Modification to Amendment Offered by Mrs. Maloney

Mrs. MALONEY. Mr. Chairman, I ask unanimous consent that the
amendment be modified in the form at the desk.
The CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:

Modification to amendment No. 8 offered by Mrs. Maloney:
Page 150, line 1, strike ``$750,000'' and insert
``$1,500,000''.

The CHAIRMAN. Is there objection to the modification offered by the
gentlewoman from New York?
There was no objection.
The CHAIRMAN. Pursuant to the order of the House of today, the
gentlewoman from New York (Mrs. Maloney) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from New York (Mrs. Maloney).
Mrs. MALONEY. Mr. Chairman, I yield myself such time as I may
consume.
(Mrs. MALONEY asked and was given permission to revise and extend her
remarks.)
Mrs. MALONEY. Mr. Chairman, I thank very much the gentleman from
Michigan (Mr. Knollenberg) and the ranking member, the gentleman from
Massachusetts (Mr. Olver), for accepting my amendment and this
modification which we worked on together with the gentleman from
Connecticut (Mr. Shays) and the gentleman from New Mexico (Mr. Udall).
Our amendment would double the funding for the government wide
Privacy and Civil Liberties Board.
Mr. Chairman, one way Congress and the President can show their
support for a program is the level of funding appropriated.
When we passed the Intelligence Reform and Terrorism Prevention Act
last year a key aspect of this legislation was the creation of a
government-wide Privacy and Civil Liberties Board.
In the legislation, Congress and the President negotiated that this
board would receive ``such sums necessary'' for the board's operations.
We recognized that a robust civil liberties board is a critical tool in
the fight against terrorism.
The board we have is a giant step toward this goal and I am pleased
that the necessary appointments to this board have been made. Right now
we are awaiting Senate confirmation of the chair and vice-chair.
The appropriations bill before us today and the budget the President
submitted both include a sum of $750,000 for this board. This board is
to be funded from the $53 million account provided for the Executive
Office of the President.
Since the President made the request of $750,000, there has been
concern that this was not an adequate funding level for a board charged
with monitoring civil liberties and privacy government-wide. That is
why we are offering an amendment to today's bill to increase funding
for the board from $750,000 to $1.5 million.
Our amendment would increase the amount reserved for the board in the
funding for the

[[Page H5457]]

Executive Office of the President. Should our amendment prevail, the
Executive Office of the President will still have discretion of over
$50 million of their $53 million budget.
Increasing funding from $750,000 to $1.5 million is a modest, but
important increase. Quite frankly, we provide much more than $750,000
to each Member to fund the operation of their Congressional Office. How
can we expect a board to monitor privacy and civil liberties
government-wide for less than the cost of funding one of our offices?
This funding will be the difference between a board that will
struggle standing itself up due to budget constraints, to a board that
is able to do their job with the staff and infrastructure needed to
appropriately monitor privacy and civil liberties. Supporting this
amendment will send a message that Congress fully intends to support
this important board and that we take the job of protecting the
American people's civil liberties seriously. To put this in
perspective, a $1.5 million funding level is still far less than the
$13 million budget for the Privacy Office at the Department of Homeland
Security.
It should be noted that the 9/11 Commission in their Reports stated
in their recommendation for the creation of a civil liberties board
stated: ``If our liberties are curtailed, we lose the value we are
struggling to defend.''
I know that I do not have to remind anyone here about the importance
of preventing a future attack, but in order to make sure that the
American people remain steadfast in our fight and we do not unduly
violate the privacy and civil liberties we must empower this board to
do their job.
I have a poster here of some very questionable headlines regarding
civil liberties. Including: A New York Times headline: ``Secret court
says F.B.I. misled judges in 75 cases'' or A Washington Times headline
``Bill seen as threat civil liberties'' and a CBS News headline of
``Patriot Act Abuses Seen'' They may speak the truth or they may be
hyperbole, but we may never know unless we appropriately fund this
board.
One issue that I would like the new board to investigate is the
Social Security's use of their ``adhoc'' authority to release Social
Security data after 9/11. While I have confidence that the Social
Security Administration acted properly in releasing data, a front page
story last week in the New York Times, as well as documents the
administration released in a FOIA request, raises more questions than
answers.
The story reported that the Social Security Administration has
relaxed its privacy restrictions and searched thousands of its files at
the request of the F.B.I. as part of terrorism investigations since the
Sept. 11, 2001, attacks.
This might be all above the board or there might be something that is
worth looking into. Regardless we need a board that has the resources
to undertake such a project.
I would also like to mention that I and the other sponsors of this
amendment have been advocates for an even more robust board. In the
future I think we need to consider such things as granting subpoena
power to the board. But today, we must make a commitment of funding to
this board.
To quote former 9/11 Commissioner Richard BenVeniste: ``The proposed
budget of $750,000 for the new Board is plainly inadequate to carry out
the robust oversight function the 9-11 Commission deemed critical to
ensuring that enhanced governmental powers to combat terrorism are not
misused.''
Mr. LEWIS of California. Mr. Chairman, will the gentlewoman yield?
Mrs. MALONEY. I yield to the gentleman from California.
Mr. LEWIS of California. Mr. Chairman, we will accept the amendment.
Mrs. MALONEY. Mr. Chairman, reclaiming my time, I thank the chairman
for accepting the amendment and for accepting the doubling of the
funding.
Mr. Chairman, I yield for the purpose of making a unanimous consent
request to the gentleman from Connecticut (Mr. Shays).
(Mr. SHAYS asked and was given permission to revise and extend his
remarks.)
Mr. SHAYS. Mr. Chairman, I thank the chairman for accepting the
amendment.
I rise in strong support of this amendment, which would increase
funding for the Privacy and Civil Liberties Oversight Board, created by
the Intelligence Reform and Terrorism Prevention Act (P.L. 108-458), to
$1.5 million.
The bill currently reserves $750,000 of the $53 million budget of the
Executive Office of the President for the Privacy and Civil Liberties
Oversight Board. The amendment would reserve $3 million of this $53
million budget. This level of funding is closer to what was initially
given to the 9/11 Commission.
The purpose of the Privacy and Civil Liberties Oversight Board is to
ensure the protection of civil liberties by the Federal Government. The
appropriate amount of funding is crucial in ensuring that privacy and
civil liberties concern are appropriately considered. This will prove
significant in the implementation of laws, regulations, and executive
branch policies related to efforts to protect our Nation against
terrorism.
In addition, the additional funding will allow the board to develop
the infrastructure they need to do their job and will demonstrate
Congress' intentions to fully support this significant board.
We certainly understand the need to aggressively fight the war on
terror, but the 9/11 Commission Report reminds us that, ``The choice
between security and liberty is a false choice, as nothing is more
likely to endanger America's liberties than the success of a terrorist
attack at home. Our history has shown that this insecurity threatens
liberty at home. Yet if our liberties are curtailed, we lose the values
that we are struggling to defend.''
The Privacy and Civil Liberties Oversight Board is an important body.
We must do everything we can to ensure its efficiency and operation.
Mrs. MALONEY. Mr. Chairman, I yield for the purpose of making a
unanimous consent request to the gentleman from New Mexico (Mr. Udall).
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Mr. Chairman, I thank the chairman for
graciously accepting this amendment.
Mr. Chairman, this amendment is a simple and straightforward way of
ensuring that our privacy rights and civil liberties are adequately
protected.
We all should applaud the creation of the Privacy and Civil Liberties
Board in the Intelligence Reform bill. Recognizing that many of their
recommendations called for increased government powers, the 9/11
Commissioners unanimously expressed the need for a viable Privacy and
Civil Liberties Board to strike the right balance. They said that the
choice between security and liberty is a false choice. They are right.
I was pleased that, after calling on President Bush last Spring to
put forth his nominations and appointments for the Privacy and Civil
Liberties Board, he did so on June 10th. The sooner we can get the
Board up and running, the better.
If we want to take this Board seriously the current level of funding
is clearly inadequate; $750,000 is simply not enough for a Board
charged with monitoring privacy and civil liberties implications of
Federal regulations, executive branch policies and procedures, and
public law. 9/11 Commissioner Richard Ben-Veniste agrees, saying that
the current amount is ``plainly inadequate to carry out the robust
oversight function the 9/11 Commission deemed critical to ensuring that
enhanced governmental powers to combat terrorism are not misused.''
The Maloney/Shays/Udall amendment increases the amount reserved for
the Board to $3 million--the same amount that was initially given to
the 9/11 Commission. And the level of funding in the bill for the
Executive Office of the President will remain the same.
To be clear, a vote on this amendment is not a question of the
Board's activities--which were laid out in the Intelligence Reform law.
It is simply of an issue of giving the Board the funding they need to
do the job it was created to do.
I urge a ``yes'' vote on this amendment.
Mrs. MALONEY. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from New York (Mrs. Maloney), as modified.
The amendment, as modified, was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

Executive Residence at the White House

operating expenses

For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of the
President, $12,436,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.

reimbursable expenses

For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall

[[Page H5458]]

be credited to this account and remain available until
expended: Provided further, That the Executive Residence
shall require the national committee of the political party
of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating
to reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount
owed for a reimbursable operating expense under this
paragraph is submitted to the person owing such amount within
60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall
charge interest and assess penalties and other charges on any
such amount that is not reimbursed within such 30 days, in
accordance with the interest and penalty provisions
applicable to an outstanding debt on a United States
Government claim under section 3717 of title 31, United
States Code: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.

White House Repair and Restoration

For the repair, alteration, and improvement of the
Executive Residence at the White House, $1,700,000, to remain
available until expended, for required maintenance, safety
and health issues, and continued preventative maintenance.

Council of Economic Advisers

salaries and expenses

For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021), $4,040,000.

Office of Policy Development

salaries and expenses

For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $3,500,000.

National Security Council

salaries and expenses

For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109,
$8,705,000.

Office of Administration

salaries and expenses

For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$89,322,000, of which $11,768,000 shall remain available
until expended for the Capital Investment Plan for continued
modernization of the information technology infrastructure
within the Executive Office of the President.

Office of Management and Budget

Salaries and Expenses

For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109 and to carry out the
provisions of chapter 35 of title 44, United States Code,
$76,930,000, of which not to exceed $3,000 shall be available
for official representation expenses: Provided, That, as
provided in 31 U.S.C. 1301(a), appropriations shall be
applied only to the objects for which appropriations were
made and shall be allocated in accordance with the terms and
conditions set forth in the accompanying Report except as
otherwise provided by law: Provided further, That none of the
funds appropriated in this Act for the Office of Management
and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for
the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further, That
the preceding shall not apply to printed hearings released by
the Committees on Appropriations.

Amendment Offered by Ms. Hooley

Ms. HOOLEY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Ms. Hooley:
Page 154, line 1, after the dollar amount insert the
following: ``(reduced by $9,000,000)''.
Page 156, line 6, after the dollar amount insert the
following: ``(increased by $9,000,000)''.

The CHAIRMAN. Pursuant to the order of the House of today, the
gentlewoman from Oregon (Ms. Hooley) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Oregon (Ms. Hooley).
Ms. HOOLEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, in my three decades of public service I do not think I
have ever seen a problem as pervasive and damaging as Oregon's meth
epidemic.
Meth is one of the fastest growing drug problems in the Nation. It is
cheap, easy to make, and give addicts an intense, long-lasting high;
but it destroys their brain, causes them to abuse and neglect their
children, and leads to paranoid acts of violence.
Meth production is also a serious threat to public health and safety.
In Oregon, experts have estimated that meth is tied to more than 75
percent of crime and meth labs produce toxic fumes that poison the air
in our neighborhoods and put our citizens in danger.
The cleanup of abandoned meth labs costs local governments and
private citizens tens of thousands of dollars to dispose of the toxic
materials left behind. As I traveled around Oregon talking to
policymakers and law enforcement leaders about the meth problem, I
heard one message loud and clear: law enforcement simply lacks the
resources needed to extinguish this meth wildfire.
In Oregon, we have seen many of the regional drug task forces fall
apart due to lack of funding and most other anti-meth efforts have
faced underfunding as well.
The High Intensity Drug Trafficking Areas program provides State and
local governments with enforcement that is critical to help our cities
and towns fight meth abuse. It is particularly effective because the
resources are targeted at those areas most adversely affected by drug
trafficking. It allows communities to develop a comprehensive assault
on meth and other illegal drugs, one that addresses law enforcement,
prevention, and treatment and control of precursor chemicals.
Yet, in the FY 2006 Transportation, Treasury appropriations bill, the
funding is level to this valuable program. I am offering an amendment
that would provide a modest $9 million increase to the HIDTA program
which will enable the Office of National Drug Control Policy to
maintain full funding of all existing HIDTAs and also expand into new
areas where necessary.
The HIDTA program not only helps law enforcement identify and
dismantle labs but helps break the cycle of other crimes associated
with meth use, crimes from domestic violence and child abuse to
identity theft.
We must continue to support this valuable initiative so our
communities have the resources they need to stop the spread of meth. I
urge Members to support this amendment.
Mr. Chairman, I yield 1 minute to the gentleman from Indiana (Mr.
Souder).
Mr. SOUDER. Mr. Chairman, I thank the gentlewoman for yielding me
time. I thank the gentlewoman for her amendment. I appreciate the
chairman's willingness to make sure that the HIDTAs are funded, but
this is the most effective organization we have at the grassroots
level. Almost all the new HIDTAs are dealing with meth. The demand for
new HIDTAs is great, and thus I support her amendment.
Ms. HOOLEY. Mr. Chairman, I yield 1 minute to the gentleman from
Washington (Mr. Baird).
Mr. BAIRD. Mr. Chairman, I want to commend my friend from Oregon for
her leadership on this issue and the gentleman from Indiana (Mr.
Souder) as well.
This meth problem is devastating our communities. When the President
comes before our Nation and talks about the war on terror, we need to
support that; but terror is happening in our families and in our homes
and in our communities, and it is methamphetamine. We need to fully
fund HIDTA, and we need to expand HIDTA resources.

[[Page H5459]]

I support the amendment. I encourage the gentlewoman to continue this
fight that she has been so strong on in the past.
Ms. HOOLEY. Mr. Chairman, I yield back the balance of my time.
Mr. KNOLLENBERG. Mr. Chairman, I claim the time in opposition to the
amendment.
Mr. Chairman, I am opposed to this amendment because it does not
significantly increase HIDTA, but would reduce the White House agency
by more than 10 percent, and HIDTA is fully funded. We brought it up to
its full funding level.
Given that HIDTA was fully funded in this bill, clearly such a trade-
off is not merited. A $9 million increase to HIDTA would be useful no
doubt, but this is not the right offset; and clearly the White House
will not stand for this amendment. So I would strongly urge defeat of
this amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Oregon (Ms. Hooley).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Ms. HOOLEY. Mr. Chairman, I demand a recorded vote, and pending that,
I make the point of order that a quorum is not present.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentlewoman from Oregon (Ms. Hooley)
will be postponed.
The point of no quorum is considered withdrawn.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:

Office of National Drug Control Policy

Salaries and Expenses

For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for
official reception and representation expenses; and for
participation in joint projects or in the provision of
services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or
without reimbursement, $26,908,000; of which $1,316,000 shall
remain available until expended for policy research and
evaluation: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.

Counterdrug Technology Assessment Center

(including transfer of funds)

For necessary expenses for the Counterdrug Technology
Assessment Center for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.), $30,000,000, which shall
remain available until expended, consisting of $18,000,000
for counternarcotics research and development projects, and
$12,000,000 for the continued operation of the technology
transfer program: Provided, That the $18,000,000 for
counternarcotics research and development projects shall be
available for transfer to other Federal departments or
agencies.

Federal Drug Control Programs

High Intensity Drug Trafficking Areas Program

(including transfer of funds)

For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $227,000,000, for drug control activities consistent
with the approved strategy for each of the designated High
Intensity Drug Trafficking Areas, of which no less than 51
percent shall be transferred to State and local entities for
drug control activities, which shall be obligated within 120
days of the date of the enactment of this Act: Provided, That
up to 49 percent, to remain available until September 30,
2007, may be transferred to Federal agencies and departments
at a rate to be determined by the Director, of which not less
than $2,000,000 shall be used for auditing services and
associated activities, and at least $500,000 of the
$2,000,000 shall be used to develop and implement a data
collection system to measure the performance of the High
Intensity Drug Trafficking Areas Program: Provided further,
That High Intensity Drug Trafficking Areas Programs
designated as of September 30, 2005, shall be funded at no
less than the fiscal year 2005 initial allocation levels
unless the Director submits to the Committees on
Appropriations, and the Committees approve, justification for
changes in those levels based on clearly articulated
priorities for the High Intensity Drug Trafficking Areas
Programs, as well as published Office of National Drug
Control Policy performance measures of effectiveness:
Provided further, That a request shall be submitted in
compliance with the reprogramming guidelines to the
Committees on Appropriations for approval prior to the
obligation of funds of an amount in excess of the fiscal year
2005 budget request: Provided further, That not to exceed
$2,000,000 of the funds made available under this heading in
excess of the fiscal year 2005 budget request shall be
available for the Consolidated Priority Organization Target
program.

Other Federal Drug Control Programs

(including transfer of funds)

For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of
National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701 et seq.), $213,292,000, to remain available until
expended, of which the following amounts are available as
follows: $120,000,000 to support a national media campaign,
as authorized by the Drug-Free Media Campaign Act of 1998:
Provided, That ONDCP shall maintain funding for non-
advertising services for the Media Campaign at no less than
the Fiscal Year 2003 ratio of service funding to total funds
and shall continue the corporate outreach program as it
operated prior to its cancellation: $80,000,000 to continue a
program of matching grants to drug-free communities, of which
$750,000 shall be a directed grant to the Community Anti-Drug
Coalitions of America for the National Community Anti-Drug
Coalition Institute, as authorized in chapter 2 of the
National Narcotics Leadership Act of 1988, as amended;
$1,000,000 for the National Drug Court Institute; $992,000
for the National Alliance for Model State Drug Laws;
$7,400,000 for the United States Anti-Doping Agency for anti-
doping activities; $2,900,000 for the United States
membership dues to the World Anti-Doping Agency; and
$1,000,000 for evaluations and research related to National
Drug Control Program performance measures: Provided further,
That such funds may be transferred to other Federal
departments and agencies to carry out such activities:
Provided further, That of the amounts appropriated for a
national media campaign, not to exceed 12 percent shall be
for administration, advertising production, research and
testing, labor and related costs of the national media
campaign.

Amendment No. 17 Offered by Mr. Souder

Mr. SOUDER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 17 offered by Mr. Souder:
In title VI, in the item relating to ``Federal Drug Control
Programs--other federal drug control programs'', after each
of the first and second dollar amounts, insert the following:
``(increased by $25,000,000)''.
In title VII, in the item relating to ``General Services
Administration--real property activities--federal buildings
fund''--
(1) after the aggregate dollar amount preceding paragraph
(1), insert the following: ``(reduced by $25,000,000)''; and
(2) after each of the dollar amounts in paragraphs (4) and
(5), insert the following: ``(reduced by $12,500,000)''.

The CHAIRMAN. Pursuant to the order of the House today, the gentleman
from Indiana (Mr. Souder) and the gentleman from Michigan (Mr.
Knollenberg) each will control 5 minutes.
The Chair recognizes the gentleman from Indiana (Mr. Souder).
Mr. SOUDER. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, this is a relatively simple amendment. It increases the
national ad campaign run under the Office of National Drug Control
Policy by $25 million. The authorizing bill is moving through the
process. If we can get these additional funds, it will be spent on meth
and designated as such.
The offset comes from the GSA. They have a $338 million increase for
rental of space. They have $175 million building operations plus-up, so
net this particular account has increased by a half a billion dollars.
The national ad campaign has been reduced from 180 in the 90s down to
120. If we are going to continue its success combined with the
Partnership For Drug Free America, we need these additional dollars.
I think the meth crisis in America deserves these dollars and
deserves this focus. More is needed in GSA, but not to the tune of a
half a billion increase.
Mr. Chairman, I reserve the balance of my time.

{time} 2130

Mr. KNOLLENBERG. Mr. Chairman, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Shuster).
Mr. SHUSTER. Mr. Chairman, I also rise in opposition to the gentleman
from Indiana's amendment.
I applaud his work on drug control issues, but if this amendment is
enacted, once again, it will cause serious problems for Federal workers
nationwide and what we are able to do in the Federal buildings.

[[Page H5460]]

All day long, the GSA has come under attack. It is up to almost $1
billion we are trying to cut out of the GSA's budget, and I just want
to remind my colleagues that when they go home and there are seniors
and veterans and law enforcement workers and constituents that are
going to these Federal buildings, when the air conditioning is not
working, when different parts of the building are not up to standards,
they are going to have to answer that question: Why is the air
conditioning not working, or why are the ramps for access for the
disabled folks not up to the standards?
It is because tonight there has been an onslaught of cutting money
from the GSA. So I strongly oppose this amendment and would urge my
colleagues to once again look at what they are doing to the Federal
buildings and the ability to provide services to our constituents.
Mr. KNOLLENBERG. Mr. Chairman, I reserve my time.
Mr. SOUDER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Washington (Mr. Larsen), my colleague, the cosponsor of this
amendment and co-chairman of the Meth Caucus.
Mr. LARSEN of Washington. Mr. Chairman, I would like to express my
support for the Souder-Larsen amendment to restore adequate funding to
the National Youth and Anti-Drug Media Campaign.
I thank and recognize the subcommittee chair and ranking member for
their efforts on drafting this bill. They have done an admirable job
considering the tight budgetary restraints. Unfortunately, the funding
level for the media campaign is not adequate.
The media campaign is an important component in our fight against
drugs. It reduces demand for all drugs, not just marijuana. Reducing
demand means reducing the number of lives lost to the scourge of drugs,
particularly methamphetamine.
According to a leading global marketing firm, teens frequently
exposed to strong anti-drug messages are 38 percent less likely to have
tried meth and 31 percent less likely to have tried crack and cocaine.
When the media campaign began in 1998, it had a budget of $195
million. While the campaign has proven effective, it has continually
been cut. This last year it was funded at $120 million. Meanwhile, the
costs of advertising have skyrocketed. So in real advertising dollars,
the campaign is operating at less than half of its original strength.
A study by the Kaiser Family Foundation reports that the average
child watches 3 hours of television a day. That is about 21 hours a
week, 1,008 hours a year. The media campaign uses the amount of time
our kids are watching TV and gives them negative messages about drug
use. Without additional funds, the campaign would not be able to
produce our air-targeted ads against meth, ecstasy, or other emerging
drug threats.
This current level of funding will fund only the bare minimum for a
campaign that educates millions of young people on the dangers of drug
abuse. To increase the ads on meth, we must increase funding for this
important program.
I want to thank the gentleman from Indiana for his work on this
issue, and I urge a ``yes'' vote on the Souder-Larsen amendment.
Mr. KNOLLENBERG. Mr. Chairman, can I get an idea of how much time is
remaining?
The CHAIRMAN. The gentleman from Michigan (Mr. Knollenberg) has 4
minutes remaining. The gentleman from Indiana (Mr. Souder) has 2\1/2\
minutes remaining.
Mr. KNOLLENBERG. Mr. Chairman, I yield 2 minutes to the gentlewoman
from the District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Chairman, I thank the gentleman for yielding me time.
I associate myself with the remarks of the gentleman from
Pennsylvania (Chairman Shuster). I would not come to the Floor
particularly to make a case here, and the maker of this amendment knows
full well that I am on his subcommittee and have strongly supported
this effort and all of his efforts on drug reduction.
But the fact is this fund, the Federal Building Fund, has become a
habit, and when we get to the point where we have a $1 billion hit on
one fund, we have an unsustainable hit, and here comes $25 million
more.
The Members may be unaware that the courts, which have strong
homeland security issues, came to our subcommittee and asked to be
excused from putting any money into the Federal Building Fund. The
administration strongly opposed that because it would collapse the
Federal Building Fund.
I just want to draw to the attention of Members that this $1 billion
hit collapses the Federal Building Fund, and it is not just about
making sure that Federal workers are comfortable. It is about, for
example, an amendment that the gentleman from Pennsylvania (Mr.
Shuster) and I were going to put in and now are not going to put in,
although he is going to offer it I think and perhaps later withdraw it,
to transfer some funds from the GSA administration to glass refraction
because we cannot begin to make all of the Federal buildings secure
throughout the United States, but we can at least keep glass, should
there be some kind of bombing like Oklahoma City, from, in fact,
falling in on people with sharp metal and all the rest of it.
So I just ask that Members stop here, and we have got to find some
money for the Souder amendment. I think we should find it, and I think
we should find it in conference. I think we should defeat this
amendment now.
Mr. SOUDER. Mr. Chairman, I yield 2 minutes to the gentleman from
Nebraska (Mr. Osborne) who has been a leader in the fight against meth.
Mr. OSBORNE. Mr. Chairman, this is what the methamphetamine epidemic
looked like in 1990. These two States had 20 or more meth labs at that
time. This is what the methamphetamine epidemic looked like in 1998.
This is what it looked like in 2004. So we can see the spread of meth.
I think it is the biggest threat to the United States other than
possibly terrorism today.
We have heard statements on the floor tonight that education does not
work, advertising does not work. This is a picture of a young lady who
started taking meth at age 30. She was arrested every year for 10
years. This is the last picture, and she is in the morgue. She lasted
10 years. This is unusually long on meth.
But when we show these pictures to kids, when we get in the schools;
in my district, there are 200 schools. We have been in 100 schools in
the last 5 months. When we show this kind of Power Point, it does
affect them. We have kids every time come up and say, my folks have
been picked up, my folks ran a meth lab; this has affected me.
So I realize that where we are taking the money from is not popular.
I hope that in some way we can get this advertising money out there
because it does make a difference. This is a critical problem. I
appreciate what the gentleman from Indiana is doing and the gentleman
from Washington (Mr. Larsen) and I would really urge, Mr. Chairman,
that some way we get some of this money restored to this program
because it is so critical to this Nation at this time.
Mr. KNOLLENBERG. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. Olver), the ranking member.
Mr. OLVER. Mr. Chairman, I thank the gentleman for yielding me time.
This is an account which has been funded fully at the President's
request. There are so many accounts that have not been funded at the
President's request, number one.
Number two, I, of course, contributed to the great reduction in the
Federal Building Fund, the GSA account that was the subject of the
offset for the Amtrak amendment, and I even sat quietly while a couple
of amendments for $5, $6, $8 million had come along, maybe three of
them, but here we have a big one, and it is quite a sizeable number of
dollars. I really do at this point feel that we have gone beyond what
can be reasonably taken out of the building fund.
I supported the first one in large measure because the authorizers
who authorized the GSA were saying that that was doable at that point.
I think we have passed that point, and I would hope that we would not
adopt this amendment.
Mr. SOUDER. Mr. Chairman, how much time do I have remaining?
The CHAIRMAN. The gentleman from Indiana (Mr. Souder) has 1 minute
remaining.

[[Page H5461]]

Mr. SOUDER. Mr. Chairman, I yield myself the balance of the time.
As a member of the Committee on Government Reform, I understand the
difficulty on the government buildings. They were plussed up nearly
over half a billion dollars to start with. Clearly, at the very
beginning of this, we transferred a lot to Amtrak, two lines of which
are closing in my district. That is why we are here. It is about
priorities.
I believe we need to make changes in our government buildings. Quite
frankly, we have a meth crisis in America that is knocking at the doors
of homes across this country, and it is about to steamroll all of us.
The question is, are we going to attack this before it runs us over?
Are we going to attack it aggressively? Are we going to rue the day and
spend hundreds of millions trying to address it after it has moved into
our suburbs and cities just as crack cocaine did, and then we spent 10
or 15 years fighting it?
We have had the warnings. It is moving into rural areas. It is moving
into suburban areas. It is moving in some urban areas, and this is a
freight train coming, and we need to get at the front end of it.
We are here about priorities. I believe $25 million does not
irrevocably damage GSA. I know it has been a difficult night, but I
urge the passage of the Souder-Larsen amendment because this is one way
we can address meth.
Mr. KNOLLENBERG. Mr. Chairman, I yield myself the remaining time.
I want to say that the gentleman from Nebraska's (Mr. Osborne)
presentation was startling, and it is one that makes us think about how
can we help.
I must say, this amendment will significantly impact all of GSA's
owned and leased buildings, the tenants in those buildings and the
visiting public. Already, today, this afternoon, we have taken over $1
billion out of GSA. We cannot go back to the same pool over and over.
With this amendment, GSA will not be able to make all of its lease
payments for property it is leasing on behalf of government agencies.
These reductions to the building operations account cannot be absorbed
without a corresponding negative impact on the operating programs
within the Federal Buildings Fund.
Funding for this account is GSA's highest priority. So let me note
that many of these costs are fixed, for example, like fuels, cleaning,
maintenance and utilities, and for that reason, I ask for a ``no''
vote.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Indiana (Mr. Souder).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. SOUDER. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Indiana (Mr. Souder)
will be postponed.
Mr. KNOLLENBERG. Mr. Chairman, I ask unanimous consent that the
remainder of the bill through page 163, line 6, be considered as read,
printed in the Record and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Michigan?
There was no objection.
The remainder of the bill through page 163, line 6, is as follows:

Unanticipated Needs

For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000.

Special Assistance to the President

Salaries and Expenses

For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,455,000.

Official Residence of the Vice President

Operating Expenses

(including transfer of funds)

For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official
entertainment expenses of the Vice President, to be accounted
for solely on his certificate, $325,000: Provided, That
advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of
carrying out such activities.

TITLE VII--INDEPENDENT AGENCIES

Architectural and Transportation Barriers Compliance Board

Salaries and Expenses

For expenses necessary for the Architectural and
Transportation Barriers Compliance Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended,
$5,941,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.

Consumer Product Safety Commission

Salaries and Expenses

For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $500 for official
reception and representation expenses, $62,449,000.

Election Assistance Commission

Salaries and Expenses

(including transfer of funds)

For necessary expenses to carry out the Help America Vote
Act of 2002, $15,877,000, of which $2,800,000 shall be
transferred to the National Institute of Standards and
Technology for election reform activities authorized under
the Help America Vote Act of 2002.

Federal Deposit Insurance Corporation

Office of Inspector General

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended $29,965,000, to be derived from the Bank
Insurance Fund, the Savings Association Insurance Fund, and
the FSLIC Resolution Fund.

Federal Election Commission

Salaries and Expenses

For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended,
$54,700,000, of which no less than $4,700,000 shall be
available for internal automated data processing systems, and
of which not to exceed $5,000 shall be available for
reception and representation expenses.

Federal Labor Relations Authority

Salaries and Expenses

For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and rental of conference rooms in the
District of Columbia and elsewhere, $25,468,000: Provided,
That public members of the Federal Service Impasses Panel may
be paid travel expenses and per diem in lieu of subsistence
as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with
this account, to be available without further appropriation
for the costs of carrying out these conferences.

Federal Maritime Commission

Salaries and Expenses

For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902,
$20,499,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.

The CHAIRMAN. Are there any amendments? If not, the Clerk will read.
The Clerk read as follows:

General Services Administration

Real Property Activities

Federal Buildings Fund

limitations on availability of revenue

(including transfer of funds)

To carry out the purposes of the Fund established pursuant
to section 210(f) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 592), the
revenues and collections deposited into the Fund shall be
available for necessary expenses of real property management
and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving governmental
agencies (including space

[[Page H5462]]

adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally
owned buildings including grounds, approaches and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $7,768,795,000,
of which: (1) $708,106,000 shall remain available until
expended for construction (including funds for sites and
expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
California:
San Diego, United States Courthouse, $230,803,000.
Colorado:
Lakewood, Denver Federal Center Infrastructure, $4,658,000.
District of Columbia:
Coast Guard Consolidation, $24,900,000.
Saint Elizabeths West Campus Infrastructure, $13,095,000.
Southeast Federal Center Site Remediation, $15,000,000.
Maine:
Calais, Border Station, $50,146,000.
Jackman, Border Station, $12,788,000.
Maryland:
Montgomery County, Food and Drug Administration
Consolidation, $127,600,000.
New York:
Champlain, Border Station, $52,510,000.
Massena, Border Station, $49,783,000.
Texas:
Austin, United States Courthouse, $3,000,000.
Washington:
Blaine, Peace Arch Border Station, $46,534,000.
Material Price increases, various projects, $67,789,000.
Nonprospectus Construction, $9,500,000:
Provided, That each of the foregoing limits of costs on new
construction projects may be exceeded to the extent that
savings are effected in other such projects, but not to
exceed 10 percent of the amounts included in an approved
prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of a greater amount:
Provided further, That all funds for direct construction
projects shall expire on September 30, 2007, and remain in
the Federal Buildings Fund except for funds for projects as
to which funds for design or other funds have been obligated
in whole or in part prior to such date; (2) $961,376,000
shall remain available until expended for repairs and
alterations, which includes associated design and
construction services:
Repairs and Alterations:
Arizona:
Tucson, James A. Walsh Courthouse, $16,136,000.
District of Columbia:
Eisenhower Executive Office Building, $133,417,000.
Federal Office Building 8, $47,769,000.
Heating, Operation, and Transmission District Repair,
$18,783,000.
Herbert C. Hoover Building, $54,491,000.
Main Interior Building, $41,399,000.
Georgia:
Atlanta, Martin Luther King, Jr. Federal Building,
$30,129,000.
New York:
Brooklyn, Emanuel Celler Courthouse, $96,924,000.
New York City, James Watson Federal Building and
Courthouse, $9,721,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $10,000,000.
Energy Program, $30,000,000.
Glass Fragment Retention, $15,700,000.
Design Program, $21,915,000.
Basic Repairs and Alterations, $434,992,000:
Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the
amount identified for each project, except each project in
this or any previous Act may be increased by an amount not to
exceed 10 percent unless advance approval is obtained from
the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the
funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used
to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 2007, and
remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have
been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects
under the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects; (3) $168,180,000
for installment acquisition payments including payments on
purchase contracts which shall remain available until
expended; (4) $4,046,031,000 for rental of space which shall
remain available until expended; and (5) $1,885,102,000 for
building operations which shall remain available until
expended: Provided further, That funds available to the
General Services Administration shall not be available for
expenses of any construction, repair, alteration and
acquisition project for which a prospectus, if required by
the Public Buildings Act of 1959, as amended, has not been
approved, except that necessary funds may be expended for
each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available
in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That amounts necessary
to provide reimbursable special services to other agencies
under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.
592(b)(2)) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections:
Provided further, That revenues and collections and any other
sums accruing to this Fund during fiscal year 2006, excluding
reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
592(b)(2)) in excess of the aggregate new obligational
authority authorized for Real Property Activities of the
Federal Buildings Fund in this Act shall remain in the Fund
and shall not be available for expenditure except as
authorized in appropriations Acts.

Amendment No. 13 Offered by Mr. Shuster

Mr. SHUSTER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 13 offered by Mr. Shuster:
Page 164, line 12, insert after the first dollar amount
``(increased by $2,000,000)''.
Page 166, line 9, insert after the dollar amount
``(increased by $2,000,000)''.
Page 167, line 12, insert after the dollar amount
``(increased by $2,000,000)''.
Page 171, line 4, after the dollar amount insert ``(reduced
by $2,000,000)''.

The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Pennsylvania (Mr. Shuster) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Shuster).
Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
This evening I intended to offer a bipartisan amendment with the
gentlewoman from the District of Columbia (Ms. Norton) that would have
reduced by $2 million the amount of money available to the
administrator of the General Services and transferred that money
elsewhere.
People are wondering why am I standing up now and wanting to cut GSA
funding. It is because my amendment is going to hold GSA's feet to the
fire and be responsive to the Congress because, over the past several
years, the GSA has not delivered documents, information to Congress
that is needed to authorize new projects on a timely basis.
Despite the fact these projects are included in the President's
budget submission in February, there is actually no reason why GSA
should take until May and sometimes even longer to forward detailed
project information to Congress.
From fiscal year 1996 until 2001, 5 out of 6 years, GSA submitted a
complete program before March 31. Since that time, the trend has been
just the opposite; 4 out of 5 years, the program has not been submitted
until after March 31. This year, it was the latest it had ever been. In
fact, we did not receive a complete program until June.
In doing so, the GSA makes it difficult for the Subcommittee on
Economic Development, Public Buildings and Emergency Management, which
I chair and the gentlewoman from the

[[Page H5463]]

District of Columbia (Ms. Norton) serves as the ranking member, to do
our jobs and authorize before the Committee on Appropriations is able
to act.

{time} 2145

While there is no deadline in law for the submission of this
information, practically speaking we have to get them by the end of
March if we are to authorize these projects so that the Committee on
Appropriations can do its work.
When they became aware of our amendment, I received a call from the
administrator, Steve Perry, who has assured me GSA would do better in
the future. And in fact has committed to me he would have that
information to Congress by February for the fiscal year 2007 capital
investment program, a deadline I plan to hold GSA to without exception.
I look forward to continuing working with the GSA and the
subcommittee, as we have in the past, making sure we receive this
information in a timely manner so that Congress may carry out its
authorizing and appropriation functions as required by law.
Mr. Chairman, may I inquire as to how much time I have left.
The CHAIRMAN. The gentleman from Pennsylvania has 3 minutes left.
Mr. SHUSTER. Mr. Chairman, I yield 2 minutes to the gentlewoman from
the District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Chairman, I thank the gentleman for yielding me this
time, and I want to strongly support his amendment. You see that this
is a committee that is not adverse to reducing funding. We were not
simply going to reduce it; we were going to put this funding where it
was most needed, in the glass refraction program.
On the other hand, what led us to this moment was, of course, GSA's
failures for the subcommittee, and those failures apparently have
gotten the attention, at least the amendment of the gentleman from
Pennsylvania (Mr. Shuster) has gotten the attention of GSA.
I share his frustration. GSA has not come forward with the
information we wanted about its own housing. It wanted to move. We
wanted to understand why it wanted to move out of owned space. Only
cursory responses. We learned the courts want to waive any contribution
to the building fund not initially through GSA. It was an outrage, and
we learned it very late. And, of course, the prospectuses did not come
before us, and the administrator himself was out of town when the
hearing was to be held.
For that reason, I agreed entirely with the chairman that they needed
to understand the professionalism that the subcommittee requires. They
apparently now understand it. We want, frankly, to preserve as much of
the Federal building fund now as is left, since it looks like we have
virtually bankrupted it. So I would defer to the chairman as to what
disposition he now wants to make of his original amendment.
Mr. SHUSTER. Mr. Chairman, I yield myself the balance of my time, and
I want to thank the gentlewoman from the District of Columbia for her
support and also encourage the chairman of the Committee on
Appropriations, when we go to conference, to restore the almost $1
billion we have taken out of the GSA fund, because it is vital to the
government buildings and to the services that those Federal employees
provide to our constituents.
Mr. Chairman, I ask unanimous consent that I be allowed to withdraw
my amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Pennsylvania?
There was no objection.
Mr. KNOLLENBERG. Mr. Chairman, I ask unanimous consent that the
remainder of the bill through page 194, line 7, be considered as read,
printed in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Michigan?
There was no objection.
The text of the bill through page 194, line 7, is as follows:

General Activities

Government-wide Policy

For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; and services as authorized by
5 U.S.C. 3109, $52,796,000.

Operating Expenses

For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; providing Internet access to Federal information
and services; agency-wide policy direction and management,
and Board of Contract Appeals; accounting, records
management, and other support services incident to
adjudication of Indian Tribal Claims by the United States
Court of Federal Claims; services as authorized by 5 U.S.C.
3109; and not to exceed $7,500 for official reception and
representation expenses, $99,890,000.

Office of Inspector General

For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $43,410,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.

Electronic Government Fund

(including transfer of funds)

For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development
and implementation of innovative uses of the Internet and
other electronic methods, $3,000,000, to remain available
until expended: Provided, That these funds may be transferred
to Federal agencies to carry out the purposes of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this
Act: Provided further, That such transfers may not be made
until 10 days after a proposed spending plan and
justification for each project to be undertaken has been
submitted to the Committees on Appropriations.

Allowances and Office Staff for Former Presidents

(including transfer of funds)

For carrying out the provisions of the Act of August 25,
1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$2,952,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.

Federal Citizen Information Center Fund

For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109,
$15,030,000, to be deposited into the Federal Citizen
Information Center Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to
exceed $32,000,000. Appropriations, revenues, and collections
accruing to this Fund during fiscal year 2006 in excess of
such amount shall remain in the Fund and shall not be
available for expenditure except as authorized in
appropriations Acts.

Administrative Provisions--General Services Administration

Sec. 701. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep,
repair, and improvement, included as part of rentals received
from Government corporations pursuant to law (40 U.S.C. 129).
Sec. 702. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 703. Funds in the Federal Buildings Fund made
available for fiscal year 2006 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations.
Sec. 704. No funds made available by this Act shall be used
to transmit a fiscal year 2007 request for United States
Courthouse construction that: (1) does not meet the design
guide standards for construction as established and approved
by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management
and Budget; and (2) does not reflect the priorities of the
Judicial Conference of the United States as set out in its
approved 5-year construction plan: Provided, That the fiscal
year 2007 request must be accompanied by a standardized
courtroom utilization study of each facility to be
constructed, replaced, or expanded.
Sec. 705. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by

[[Page H5464]]

the General Services Administration in compliance with the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 706. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 707. No funds in this Act shall be used to dispose of
the GSA property located at 522 North Central Avenue, on the
southwest corner of Central Avenue and Fillmore Street in
Phoenix, Arizona.

Merit Systems Protection Board

Salaries and Expenses

(including transfer of funds)

For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), as amended, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of
Columbia and elsewhere, hire of passenger motor vehicles,
direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$35,600,000 together with not to exceed $2,605,000 for
administrative expenses to adjudicate retirement appeals to
be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.

Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation

Morris K. Udall Scholarship and Excellence in National Environmental
Policy Trust Fund

(including transfer of funds)

For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act
of 1992 (20 U.S.C. 5601 et seq.), $2,000,000, to remain
available until expended, of which up to $50,000 shall be
used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-
289) notwithstanding sections 8 and 9 of Public Law 102-259:
Provided, That up to 60 percent of such funds may be
transferred by the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Foundation for the necessary
expenses of the Native Nations Institute.

Environmental Dispute Resolution Fund

For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $1,900,000, to remain
available until expended.

National Archives and Records Administration

Operating Expenses

For necessary expenses in connection with the
administration of the National Archives and Records
Administration (including the Information Security Oversight
Office) and archived Federal records and related activities,
as provided by law, and for expenses necessary for the review
and declassification of documents, and for the hire of
passenger motor vehicles, $283,975,000: Provided, That the
Archivist of the United States is authorized to use any
excess funds available from the amount borrowed for
construction of the National Archives facility, for expenses
necessary to provide adequate storage for holdings: Provided
further, That of the funds provided in this paragraph,
$2,930,000 shall be for initial move of records, staffing,
and operations of the Nixon Library.

Electronic Records Archives

For necessary expenses in connection with the development
of the electronic records archives, to include all direct
project costs associated with research, analysis, design,
development, and program management, $35,914,000.

Repairs and Restoration

For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$6,182,000, to remain available until expended.

National Historical Publications and Records Commission

grants program

(including transfer of funds)

For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $7,500,000, to remain available
until expended: Provided, That of the funds provided in this
paragraph, $2,000,000 shall be transferred to the operating
expenses account for operating expenses of the National
Historical Publications and Records Administration.

National Credit Union Administration

central liquidity facility

(including transfer of funds)

During fiscal year 2006, gross obligations of the Central
Liquidity Facility for the principal amount of new direct
loans to member credit unions, as authorized by 12 U.S.C.
1795 et seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2006 shall not exceed $323,000.

community development revolving loan fund

For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822, and 9910, $950,000
shall be available until September 30, 2007, for technical
assistance to low-income designated credit unions, and
amounts of principal and interest on loans repaid shall be
available until expended for low-income designated credit
unions.

National Transportation Safety Board

Salaries and Expenses

For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902)
$76,700,000, of which not to exceed $2,000 may be used for
official reception and representation expenses.

(Rescission)

Of the available unobligated balances made available under
Public Law 106-246, $1,000,000 are rescinded.

Neighborhood Reinvestment Corporation

Payment to the Neighborhood Reinvestment Corporation

For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $118,000,000.

Office of Government Ethics

Salaries and Expenses

For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended and the Ethics Reform Act of 1989,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses,
$11,148,000.

Office of Personnel Management

Salaries and Expenses

(including transfer of trust funds)

For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain overnight
at his or her post of duty, $119,952,000, of which $6,983,000
shall remain available until expended for the Enterprise
Human Resources Integration project; $1,450,000 shall remain
available until expended for the Human Resources Line of
Business project; $500,000 shall remain available until
expended for the E-Training project; and $1,412,000 shall
remain available until expended until September 30, 2007 for
the E-Payroll project; and in addition $102,679,000 for
administrative expenses, to be transferred from the
appropriate trust funds of the Office of Personnel Management
without regard to other statutes, including direct
procurement of printed materials, for the retirement and
insurance programs: Provided, That the provisions of this
appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
and 9004(f)(2)(A) of title 5, United States Code: Provided
further, That no part of this appropriation shall be
available for salaries and expenses of the Legal Examining
Unit of the Office of Personnel Management established
pursuant to Executive Order No. 9358 of July 1, 1943, or any
successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during
fiscal year 2006, accept donations of money, property, and
personal services: Provided further, That such donations,
including those from prior years, may be used for the
development of publicity materials to provide information
about the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such
Commission.

Office of Inspector General

salaries and expenses

(including transfer of trust funds)

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act,
as amended, including services as authorized by 5 U.S.C.
3109, hire of passenger motor vehicles, $1,614,000, and in
addition, not to exceed $16,786,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is

[[Page H5465]]

authorized to rent conference rooms in the District of
Columbia and elsewhere.

Government Payment for Annuitants, Employees Health Benefits

For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, such sums as may be
necessary.

Government Payment for Annuitants, Employee Life Insurance

For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may
be necessary.

Payment to Civil Service Retirement and Disability Fund

For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement
and Disability Fund, such sums as may be necessary: Provided,
That annuities authorized by the Act of May 29, 1944, as
amended, and the Act of August 19, 1950, as amended (33
U.S.C. 771-775), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.

Office of Special Counsel

Salaries and Expenses

For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), as amended, the Whistleblower Protection Act of 1989
(Public Law 101-12), as amended, Public Law 107-304, and the
Uniformed Services Employment and Reemployment Act of 1994
(Public Law 103-353), including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $15,325,000.

Selective Service System

Salaries and Expenses

For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation
expenses; $24,000,000: Provided, That during the current
fiscal year, the President may exempt this appropriation from
the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the
United States.

United States Interagency Council on Homelessness

Operating Expenses

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$1,499,000.

United States Postal Service

Payment to the Postal Service Fund

For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$116,350,000, of which $73,000,000 shall not be available for
obligation until October 1, 2006: Provided, That mail for
overseas voting and mail for the blind shall continue to be
free: Provided further, That 6-day delivery and rural
delivery of mail shall continue at not less than the 1983
level: Provided further, That none of the funds made
available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support
enforcement agency, or any individual participating in a
State or local program of child support enforcement, a fee
for information requested or provided concerning an address
of a postal customer: Provided further, That none of the
funds provided in this Act shall be used to consolidate or
close small rural and other small post offices in fiscal year
2006.

United States Tax Court

Salaries and Expenses

For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $48,998,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.

TITLE VIII--GENERAL PROVISIONS THIS ACT

(including transfers of funds)

Sec. 801. Such sums as may be necessary for fiscal year
2006 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 802. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 803. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 804. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 805. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 806. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
Sec. 807. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 808. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy America Act'').
Sec. 809. No funds appropriated or otherwise made available
under this Act shall be made available to any person or
entity that has been convicted of violating the Buy American
Act (41 U.S.C. 10a-10c).
Sec. 810. None of the funds provided in this Act, provided
by previous appropriations Acts to the agencies or entities
funded in this Act that remain available for obligation or
expenditure in fiscal year 2005, or provided from any
accounts in the Treasury derived by the collection of fees
and available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds that: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects,
or activities in excess of $2,000,000 or 10 percent,
whichever is greater; (6) reduces existing programs,
projects, or activities by $2,000,000 or 10 percent,
whichever is greater; or (7) creates, reorganizes, or
restructures a branch, division, office, bureau, board,
commission, agency, administration, or department different
from the budget justifications submitted to the Committees on
Appropriations or the table accompanying the statement of the
managers accompanying this Act, whichever is more detailed,
unless prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committee on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation both by
object class and program, project, and activity as detailed
in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 811. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2006 from appropriations
made available for salaries and expenses for fiscal year 2006
in this Act, shall remain available through September 30,
2007, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the Committees
on Appropriations for approval prior to the expenditure of

[[Page H5466]]

such funds: Provided further, That these requests shall be
made in compliance with reprogramming guidelines.
Sec. 812. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 813. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 814. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
Sec. 815. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 816. The provision of section 815 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 817. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in the Buy American Act (41 U.S.C. 10a et seq.), shall
not apply to the acquisition by the Federal Government of
information technology (as defined in section 11101 of title
40, United States Code), that is a commercial item (as
defined in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).
Sec. 818. None of the funds made available in the Act may
be used to finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in
nature or incidental to a financial activity published in the
Federal Register on January 3, 2001 (66 Fed. Reg. 307 et
seq.); or
(2) the revision proposed in such rule to section 1501.2 of
title 12 of the Code of Federal Regulations.
Sec. 819. Of the funds provided in title I of this Act
under the heading, ``Office of the Secretary, Transportation
Planning, Research, and Development'', $3,000,000 shall be
available for necessary expenses to reimburse fixed-based
general aviation operators and the providers of general
aviation ground support services at Ronald Reagan Washington
National Airport, and airports within 15 miles of Ronald
Reagan Washington National Airport, for financial losses
incurred by these operators while such airports were closed
due to the actions of the Federal Government following the
terrorist attacks on the United States that occurred on
September 11, 2001: Provided, That such funds shall remain
available until expended: Provided further, That obligation
and expenditure of these funds shall be made conditional upon
full release of the U.S. Government for all claims arising
from the closing of these general aviation facilities.
Sec. 820. Section 640(c) of the Treasury and General
Government Appropriations Act, 2000 (Public Law 106-58; 2
U.S.C. 437g note), as amended by section 642 of the Treasury
and General Government Appropriations Act, 2002 (Public Law
107-67) and by section 639 of the Transportation, Treasury,
and Independent Agencies Appropriations Act, 2004 (Public Law
108-199), is amended by striking ``December 31, 2005'' and
inserting ``December 31, 2008''.

Point of Order

Mr. TOM DAVIS of Virginia. Mr. Chairman, I raise a point of order
against section 808. This provision violates clause 2(b) of House rule
XXI. It proposes to change existing law within the jurisdiction of the
Committee on Government Reform and therefore constitutes legislation on
an appropriation bill in violation of House rules.
The CHAIRMAN. Does any Member wish to be heard on the point of order?
If not, the Chair is prepared to rule.
The Chair finds that this section, though in the form of a limitation
on funds, conditions the use of those funds on compliance with an act
not otherwise applicable. As such, the section constitutes legislation
in violation of clause 2 of rule XXI. The point of order is sustained
and the section is stricken from the bill.

Sequential Votes Postponed in Committee of the Whole

The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will
now resume on those amendments on which further proceedings were
postponed in the following order: amendment offered by the gentleman
from Iowa (Mr. King), amendment offered by the gentlewoman from South
Dakota (Ms. Herseth), amendment offered by the gentlewoman from Oregon
(Ms. Hooley), amendment offered by the gentleman from Indiana (Mr.
Souder).
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.

Amendment Offered by Mr. King of Iowa

The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Iowa (Mr. King) on which
further proceedings were postponed and on which the noes prevailed by
voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 42,
noes 374, not voting 17, as follows:

[Roll No. 341]

AYES--42

Akin
Bishop (UT)
Blackburn
Chabot
Cubin
Davis, Jo Ann
Drake
Duncan
Foxx
Franks (AZ)
Gibbons
Gingrey
Gohmert
Goode
Gutknecht
Harris
Hart
Hayworth
Hefley
Herger
Johnson (IL)
Kelly
King (IA)
Lewis (KY)
Mack
McHenry
McIntyre
Miller (FL)
Musgrave
Myrick
Neugebauer
Paul
Pearce
Pitts
Poe
Pombo
Renzi
Rohrabacher
Shuster
Simmons
Taylor (MS)
Wilson (SC)

NOES--374

Abercrombie
Ackerman
Aderholt
Alexander
Allen
Andrews
Baca
Baird
Baker
Baldwin
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (NY)
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Case
Castle
Chandler
Chocola
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Costa
Costello
Cox
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doolittle
Doyle
Dreier
Edwards
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Frank (MA)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gillmor
Gonzalez
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall
Harman
Hastings (FL)
Hastings (WA)
Hayes
Hensarling
Herseth
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Holt
Honda
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McKeon
McKinney
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Murtha
Nadler
Napolitano
Northup
Norwood
Nunes
Nussle
Oberstar
Obey

[[Page H5467]]

Olver
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pelosi
Pence
Peterson (MN)
Petri
Pickering
Platts
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Regula
Rehberg
Reichert
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (NC)
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Waters
Watson
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wolf
Woolsey
Wu
Wynn
Young (FL)

NOT VOTING--17

Bachus
Barrow
Bishop (GA)
Cooper
Higgins
Lewis (GA)
Neal (MA)
Ney
Peterson (PA)
Rangel
Ross
Scott (GA)
Stark
Thomas
Watt
Westmoreland
Young (AK)

{time} 2213

Messrs. WYNN, ACKERMAN, and GRAVES changed their vote from ``aye'' to
``no.''
Mr. POMBO changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment Offered by Ms. Herseth

The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentlewoman from South Dakota (Ms.
Herseth) on which further proceedings were postponed and on which the
noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 188,
noes 232, not voting 13, as follows:

[Roll No. 342]

AYES--188

Abercrombie
Ackerman
Allen
Andrews
Baca
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Case
Chandler
Clay
Cleaver
Clyburn
Coble
Conyers
Costa
Costello
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Fitzpatrick (PA)
Ford
Gohmert
Goodlatte
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kelly
Kennedy (RI)
Kildee
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Levin
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Millender-McDonald
Miller (NC)
Miller, George
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Payne
Pelosi
Peterson (MN)
Pomeroy
Porter
Price (NC)
Rahall
Reyes
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Serrano
Sherman
Simpson
Skelton
Slaughter
Smith (TX)
Smith (WA)
Snyder
Solis
Spratt
Strickland
Stupak
Tancredo
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn

NOES--232

Aderholt
Akin
Alexander
Baird
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carson
Carter
Castle
Chabot
Chocola
Cole (OK)
Conaway
Cox
Cramer
Crenshaw
Cubin
Culberson
Cunningham
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Filner
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kaptur
Keller
Kennedy (MN)
Kilpatrick (MI)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lee
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Pastor
Paul
Pearce
Pence
Petri
Pickering
Pitts
Platts
Poe
Pombo
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Scott (VA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Smith (NJ)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Taylor (NC)
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Waters
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (FL)

NOT VOTING--13

Bachus
Barrow
Bishop (GA)
Cooper
Lewis (GA)
Neal (MA)
Peterson (PA)
Ross
Scott (GA)
Stark
Thomas
Westmoreland
Young (AK)

{time} 2222

So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. HINOJOSA. Mr. Chairman, on rollcall No. 342, I inadvertently
voted ``yes'' (by mistake) I wanted to vote ``no''. Please show me
voting ``no'' on the Herseth amendment.

Amendment Offered by Ms. Hooley

The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentlewoman from Oregon (Ms. Hooley) on
which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 343]

AYES--315

Abercrombie
Ackerman
Alexander
Allen
Andrews
Baca
Baird
Baldwin
Barton (TX)
Bass
Bean
Becerra
Berkley
Berry
Biggert
Bilirakis
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Boehlert
Boehner
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Butterfield
Calvert

[[Page H5468]]

Camp
Cannon
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Castle
Chabot
Chandler
Clay
Cleaver
Clyburn
Coble
Conaway
Conyers
Costa
Costello
Cramer
Crowley
Cubin
Cuellar
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Doyle
Drake
Dreier
Duncan
Edwards
Emanuel
Emerson
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Fitzpatrick (PA)
Foley
Forbes
Ford
Fortenberry
Fossella
Franks (AZ)
Gallegly
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Graves
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Harris
Hastings (FL)
Hayworth
Hefley
Herger
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hyde
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kirk
Kline
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (KY)
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Maloney
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McCotter
McDermott
McGovern
McHenry
McHugh
McIntyre
McKinney
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Moore (KS)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Nadler
Napolitano
Ney
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Petri
Pickering
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Reichert
Renzi
Reyes
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (VA)
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stearns
Strickland
Stupak
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thompson (CA)
Thompson (MS)
Tiberi
Tierney
Towns
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (PA)
Weller
Wexler
Whitfield
Wilson (NM)
Woolsey
Wu
Wynn

NOES--103

Aderholt
Akin
Baker
Barrett (SC)
Bartlett (MD)
Beauprez
Blunt
Bonilla
Bonner
Bono
Boozman
Brady (TX)
Brown (SC)
Burton (IN)
Cantor
Carter
Chocola
Cole (OK)
Cox
Crenshaw
Culberson
Deal (GA)
DeLay
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Ehlers
English (PA)
Everett
Feeney
Ferguson
Flake
Foxx
Frank (MA)
Frelinghuysen
Garrett (NJ)
Granger
Gutknecht
Hall
Hart
Hastings (WA)
Hayes
Hensarling
Hobson
Hoekstra
Hostettler
Hunter
Inglis (SC)
Istook
Johnson (CT)
Johnson, Sam
Kingston
Knollenberg
Kolbe
Lewis (CA)
Linder
Mack
Marchant
McCaul (TX)
McCrery
McKeon
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moore (WI)
Myrick
Neugebauer
Northup
Norwood
Paul
Pearce
Pence
Pitts
Platts
Pryce (OH)
Regula
Rehberg
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Sessions
Simpson
Smith (TX)
Sodrel
Sullivan
Sweeney
Thornberry
Tiahrt
Turner
Walsh
Weldon (FL)
Wicker
Wilson (SC)
Wolf
Young (FL)

NOT VOTING--15

Bachus
Barrow
Berman
Bishop (GA)
Buyer
Cooper
Lewis (GA)
Neal (MA)
Peterson (PA)
Ross
Scott (GA)
Stark
Thomas
Westmoreland
Young (AK)

{time} 2228

So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 17 Offered by Mr. Souder

The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Indiana (Mr. Souder) on
which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 344]

AYES--268

Abercrombie
Ackerman
Akin
Alexander
Andrews
Baca
Baird
Baker
Baldwin
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bishop (NY)
Bishop (UT)
Blackburn
Boehner
Bonner
Boren
Boswell
Boustany
Boyd
Brady (PA)
Brown, Corrine
Brown-Waite, Ginny
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Capito
Capps
Cardin
Cardoza
Carnahan
Case
Chabot
Chandler
Chocola
Coble
Conaway
Conyers
Costa
Costello
Cramer
Crowley
Cubin
Cuellar
Cummings
Davis (AL)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
Delahunt
Dent
Diaz-Balart, M.
Dicks
Dingell
Doyle
Duncan
Edwards
Ehlers
Engel
English (PA)
Eshoo
Etheridge
Everett
Farr
Fattah
Filner
Fitzpatrick (PA)
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Gallegly
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goodlatte
Gordon
Graves
Green (WI)
Green, Al
Gutknecht
Hall
Harman
Harris
Hart
Hayworth
Herseth
Higgins
Hinchey
Holden
Holt
Honda
Hooley
Hostettler
Hulshof
Inslee
Israel
Issa
Jefferson
Jenkins
Johnson, Sam
Jones (NC)
Kaptur
Kelly
Kennedy (MN)
Kennedy (RI)
Kind
King (IA)
King (NY)
Kirk
Kline
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Latham
Levin
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lucas
Lynch
Mack
Manzullo
Marchant
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McDermott
McHenry
McIntyre
McKinney
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Miller (MI)
Miller (NC)
Moore (KS)
Moore (WI)
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neugebauer
Ney
Norwood
Nunes
Nussle
Oberstar
Ortiz
Osborne
Otter
Owens
Pallone
Payne
Pence
Peterson (MN)
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Reichert
Renzi
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rothman
Ruppersberger
Ryan (WI)
Salazar
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Simmons
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Sodrel
Souder
Spratt
Stearns
Strickland
Stupak
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Terry
Thompson (CA)
Thornberry
Tiberi
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Walden (OR)
Wamp
Wasserman Schultz
Waters
Waxman
Weiner
Weldon (PA)
Weller
Wexler
Wilson (NM)
Wilson (SC)
Woolsey
Wu

NOES--151

Aderholt
Allen
Bilirakis
Blumenauer
Blunt
Boehlert
Bonilla
Bono
Boozman
Boucher
Bradley (NH)
Brady (TX)
Brown (OH)
Brown (SC)
Burgess
Cantor
Capuano
Carson
Carter
Castle
Clay
Cleaver
Clyburn
Cole (OK)
Cox
Crenshaw
Culberson
Cunningham
Davis (CA)
DeGette
DeLauro
DeLay
Diaz-Balart, L.
Doggett
Doolittle
Drake
Dreier
Emanuel
Emerson
Evans
Feeney
Ferguson
Flake
Frank (MA)
Frelinghuysen
Garrett (NJ)
Gonzalez
Goode
Granger
Green, Gene
Grijalva
Gutierrez
Hastings (FL)
Hastings (WA)
Hayes
Hefley
Hensarling
Herger
Hinojosa
Hobson
Hoekstra
Hoyer
Hunter
Hyde
Inglis (SC)
Jackson (IL)
Jackson-Lee (TX)
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kanjorski
Keller
Kildee
Kilpatrick (MI)
Kingston
Knollenberg
Kolbe
Kucinich
Larson (CT)
LaTourette
Leach
Lee
Lewis (CA)
Lowey

[[Page H5469]]

Lungren, Daniel E.
Maloney
Markey
McCrery
McGovern
McHugh
McKeon
Michaud
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Mollohan
Moran (VA)
Northup
Obey
Olver
Oxley
Pascrell
Pastor
Paul
Pearce
Pelosi
Petri
Pombo
Pryce (OH)
Regula
Rehberg
Reyes
Reynolds
Rohrabacher
Ros-Lehtinen
Roybal-Allard
Royce
Rush
Ryan (OH)
Ryun (KS)
Sabo
Sanchez, Linda T.
Saxton
Scott (VA)
Sherman
Sherwood
Shimkus
Shuster
Simpson
Smith (TX)
Solis
Sullivan
Taylor (NC)
Thompson (MS)
Tiahrt
Tierney
Towns
Turner
Visclosky
Walsh
Watson
Watt
Weldon (FL)
Whitfield
Wicker
Wolf
Wynn
Young (FL)

NOT VOTING--14

Bachus
Barrow
Bishop (GA)
Cooper
Istook
Lewis (GA)
Neal (MA)
Peterson (PA)
Ross
Scott (GA)
Stark
Thomas
Westmoreland
Young (AK)

{time} 2236

Mr. ROHRABACHER changed his vote from ``aye'' to ``no.''
Mr. CONYERS and Mr. JONES of North Carolina changed their vote from
``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Mr. KNOLLENBERG. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
McHenry) having assumed the chair, Mr. McHugh, 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. 3058)
making appropriations for the Departments of Transportation, Treasury,
and Housing and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending September 30, 2006,
and for other purposes, had come to no resolution thereon.

____________________