Ralph Regula

Mr. REGULA

Mr. REGULA. Mr. Speaker, I thank the gentleman for yielding me the time. A United States courthouse and Federal building is a symbol of liberty and justice for all. Tony Hall's career has been marked with a lifetime of working for the goals of justice and liberty for all people. A courthouse named after Tony Hall is a fitting tribute to a life well lived. All of us in Ohio take special pride in the accomplishments of our friend and colleague, Tony Hall.

Mr. REGULA

Mr. REGULA. Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, the Ohio recount requested by the other party, has been completed and has been verified. In every area of Ohio, bipartisan county boards have verified the integrity of these election results. This is the true message to the world: our system works with integrity. We keep hearing that Ohio's vote was rigged in some way. But this is not plausible when you have a system of 88 separate bipartisan county election boards. In Ohio, our boards take great pride in their administration of the election laws. I urge the Congress to accept the votes cast today by the State of Ohio for President Bush.

Mr. REGULA

Mr. REGULA. Mr. Speaker, I rise in support of H.R. 4818. We have put a lot of thoughtful deliberation into these bills, and we are pleased to get this job done. By taking into consideration the priorities of the President and the Members of this House, we have produced a bill that meets the needs of all Americans, 280 million. Let me share with you the funding we have provided in a few of the programs in the Labor, Health and Human Services and Education appropriations bill. I might say there are 500 programs in that bill, but I think there are some worth highlighting. First is education. It is essential to the preservation of democracy, and an investment in education is an investment in people. Mr. Speaker, Federal education spending has more than doubled since fiscal year 1996, from $23 billion to nearly $57 billion today. The bill supports teachers and students by increasing funding for title I by $500 million. Title I provides additional resources to low-income schools to help principals, teachers and students close education achievement gaps. Yesterday, we voted to reauthorize IDEA. Many of my colleagues speak with me about the financial demands of special education and the needs of the children in their local school districts. We hear from parents about the need to support adequate special education funding to ensure their special needs children receive a quality education. In this bill, funding for special education totals over $11 billion, a $607 million increase over fiscal year 2004, a 380 percent increase since 1996. Secondly, health care is a critical part of our Nation's economic development. To assist in protecting the health of all Americans and provide essential human services, the bill provides the Department of Health and Human Services over $64 billion for fiscal year 2005. Mr. Speaker, similar to the Department of Education, we have more than doubled funding for health and human services since fiscal year 1996. Funding for NIH, that is the place where they do the research on health needs, is increased by $800 million, bringing its total budget to $28.6 billion. As a result of our commitment to the National Institutes of Health, our citizens are living longer and better lives. Health centers operating at the community level provide regular access to high-quality, family-oriented comprehensive primary and preventive health care, regardless of ability to pay, and improve the health status of underserved populations living in inner city and rural areas. By the end of fiscal year 2004, it is estimated that these facilities around the country will have served more than 13 million patients. Funding is increased in this bill. Children's hospitals are the training grounds for pediatricians and pediatric specialists. Again, $303 million to educate these people to serve the children of this Nation. Mr. Speaker, our society is judged not only by the care we provide to our young but also how we treat the elderly. This bill provides over $1.4 billion to the Administration on Aging to enhance health care, nutrition and social supports to seniors and their family caregivers. The bill also includes $21 million for a Homeless Veterans Reintegration Program to operate employment programs that reach out to our homeless veterans.

Mr. REGULA

Mr. REGULA. Mr. Speaker, I thank the gentleman for yielding me time, and I certainly want to compliment the gentleman from Ohio (Chairman Boehner) and the gentleman from Delaware (Mr. Castle) for producing a good bill. In our committee, we hear a lot of testimony from parents and educators about the importance of this legislation, of these programs, and we have done everything possible to increase the funding each year to ensure that every student that has a need gets a quality experience in the IDEA program. One of the things that this bill strengthens is those features along with giving greater choice and control to parents and local school districts, and, therefore, it will ensure that we do meet the goal of recognizing the need of every student and respond to the educators and parents that testify in my committee about the importance of this to their child and to their school. I compliment them again, all the Members that participated in the conference committee, for producing a good bill that we can all take pride in.

Mr. REGULA

Mr. REGULA. Mr. Speaker, I rise to pay tribute to a committed soldier and citizen from the 16th District of Ohio who died protecting our Nation. Private First Class Ryan Martin died when a bomb exploded while he was on a mine clearing mission with the 216th Engineering Battalion of the Ohio National Guard. A graduate of Mount Vernon High School and of the carpentry program at the Knox County Career Center in Mount Vernon, Ohio, Pfc. Martin enjoyed fishing and working on cars and had a tremendous sense of humor. After his tour, he planned to either operate heavy equipment or help his father on the family farm. Pfc. Ryan acted as vital part of his unit in Iraq, often volunteering for dangerous missions. His bravery and service were an inspiration to his fellow soldiers and to us all. Ryan embodied all that is great about our Nation. Without young men and women like him, our Nation would fall. I send my most heartfelt prayers and sympathies to his family and friends. I pray for the homecoming of all of our service men and women and remember them as they continue to defend our freedom at home and abroad.

Mr. REGULA

Mr. REGULA. Mr. Speaker, I rise to acknowledge Devin Grella, a constituent from the 16th District of Ohio, who sacrificed his life fighting for our country. Private First Class Devin Grella of the 706th Transportation Company of the Army Reserve died when incendiaries exploded near his convoy. A graduate of Medina High School, Pfc Grella was an Eagle Scout in Boy Scout Troop 503 and was active in choir and athletics, participating in both cross-country and lacrosse. Everyone who knew him regarded him as a happy, gentle, and caring man. After his term of service, he planned to go to college in Utah and join ROTC in order to become an officer. This exceptional young man exhibited valor and a commitment to serving our country. Without people of Pfc Grella's quality, the Nation would fail to carry out its task as a protector of freedom. My deepest sympathy and prayers are extended to his family and friends who are now in mourning. I pray for the safety of our servicemen and women and thank them for their dedication to the defense of our Nation.

Mr. REGULA

Mr. REGULA. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, well, we are getting down to a close on this, and I think the fact that most of our speakers have been from the Committee on Education and Workforce illustrates the fact that this is a legislative issue that ought to be debated and dealt with there, but, in reality, it is before us. But I want to just simply point out a few facts, and I hope that those of our colleagues who are listening will keep this in mind. That is that in the opinion of the Solicitor from the Department of Labor, if we pass this amendment, it will preclude the Department of Labor from enforcing regulations. That means that every employee that wants to get overtime will have to do it on their own. It would be a bonanza for the legal profession, because they would be filing lawsuit after lawsuit to claim their overtime, alleged overtime, rights. So that is fact number 1. Fact number 2, the allegation is that we would go back to the old regulations, but the truth of the matter is, they are gone. Therefore, the Obey amendment covers those people under $23,600. But anyone over that amount, which is about 34 million workers, would have no coverage. Now, they can say, oh, yes, the old regulations would be put in place, and even if the Secretary of Labor were to attempt to do that, it would be subject to the rulemaking requirements, the rulemaking process, because the law requires that. And it took 2 years to do the new regulations, and, therefore, it would take at least 2 years to put back in place the old regulations.

Mr. REGULA. I yield to the gentleman from Wisconsin.

Mr. REGULA. Mr. Chairman, reclaiming my time, I think that is an opinion that would be subject to legal action. But I think, in my judgment, as I understand this, once the new regulations were put in place, the old ones are gone, and, therefore, to put the old ones back in place will require a new round of the rulemaking process. So you have employees over $23,600 who are without coverage for a period of 2 years. They would have to try to enforce whatever might be perceived as overtime. Would the gentleman from Wisconsin admit that he precludes the Department of Labor from enforcing these regulations, but that does not mean that they will, and they may do nothing, if the Obey amendment passes?

Mr. REGULA. That is the CRS's opinion, and we would have to clarify that. I yield to the gentleman from Ohio (Mr. Boehner).

Mr. REGULA. Mr. Chairman, reclaiming my time, I think the gentleman makes the point very clear. I would say to my colleagues, when you vote on this, keep in mind that you are putting 34 million workers at risk who may end up with no coverage for as much as 2 years under the requirement of the rulemaking process to put anything back in place for these rules. I want to make one other point, and that is that it has been raised that we had a motion to instruct. Keep in mind that when the motion to instruct, when many Members voted for it was when the old rules were still in place, and the motion to instruct would have allowed, had it actually been consummated, would have allowed the old rules to be enforced, but they are gone. They are gone. Therefore, there would not be anything out there if we take away the Department's authority, which is being proposed by this amendment. So I have to reiterate that we are running a great risk that in passing this amendment, if it were to become law, that 34 million workers will be on their own. Let me make a couple of other points, and that is, under the proposal of the Department of Labor, contracts can cover any matters of overtime rules. They can be put into union contracts, and it would supersede any departmental regulations. So any way we look at it, we are not doing people a favor by voting for this. I think, in fact, we are putting their overtime very much in jeopardy, and I hope my colleagues will consider that as they vote on this issue and on this proposed amendment.

Mr. REGULA

Mr. REGULA. I yield to the gentleman from Wisconsin.

Mr. REGULA. Mr. Chairman, I yield back the balance of my time.

Mr. REGULA. Mr. Chairman, I yield myself such time as I may consume, and I rise in opposition to the amendment. Mr. Chairman, I understand the gentleman's concern. We have the same concern, and we will do as much as we can in conference. This is a serious problem, and we have put $42 million in CDC to combat West Nile virus, which is an increase over last year, but more needs to be done. I commend the gentleman for bringing this issue to our attention. And as I understand, the gentleman is going to withdraw his amendment, but we will be sensitive to it. Mr. Chairman, I might say for the benefit of Members that are watching, I believe this is the last amendment, so we should be able to wrap up here pretty fast, for those who have planes or whatever.

Mr. REGULA. Mr. Chairman, I rise to claim the time in opposition, although I will not oppose the amendment. It is my understanding this is a State issue, but that we are prepared to accept it because the Department of Education is in compliance. They are not doing anything to violate the section 505. I do not think it is necessary we have this. It really is something the States deal with in the funding of their higher education programs. So under those circumstances, we are prepared to accept the amendment.

Mr. REGULA. Mr. Chairman, I claim the time in opposition, and I yield myself such time as I may consume. I understand my colleague's concern about international travel. I think that Secretary Thompson has done a good job of trying to get guidelines established in the agency. William Steiger, who is the son of one of our former highly respected House colleagues, is a point person in the agency. They are reviewing their travel requirements. I am not going to object to the amendment, but I think that Secretary Thompson is very much aware of this problem, and I think he will address it certainly in the way in which he administers the Department. He has done a superb job in handling a very difficult agency in HHS. There may be special occasions when it requires more than 50, particularly when many of these meetings are in Canada. But in any event, we will address this as we go along, and we are not going to object to it today.

Mr. REGULA. Mr. Chairman, I commend the gentleman for his concern. We have the same concern in the subcommittee. We have put lots of money in the State grants. We have put $100 million in this program. I think it is important that we prove the efficacy of it, give the agency a chance to demonstrate that it will work. But in the meantime, we are constrained by parliamentary rules, and under the parliamentary requirements, this does require some additional expenditure. Therefore, Mr. Chairman, I make a point of order against the amendment, because it provides an appropriation for an unauthorized program and, therefore, violates clause 2 of Rule XXI. Clause 2 of Rule XXI states in pertinent part: ``An appropriation may not be in order as an amendment for an expenditure not previously authorized by law.'' Mr. Chairman, the authorization for this program has not been signed into law. The amendment, therefore, violates clause 2 of Rule XXI, and I ask for a ruling from the Chair.

Mr. REGULA. Mr. Chairman, I claim the time in opposition.

Mr. REGULA. Mr. Chairman, I move to strike the last word. Mr. Chairman, I just want to thank the gentleman for his cooperation. It really has been a team effort in many ways, and I think this bill does reflect, maybe not in total numbers of dollars, but certainly in terms of what we had available, I think we have reflected the Members' priorities pretty well across the board, both sides of the aisle, and we have tried to reflect the needs of the American people. I think the bill is very fair. It is very well balanced. We have had the support of the minority in the subcommittee and the full committee that reflects that. Obviously, many would like to have more money, but we have to work with what we have. And given what was available, I think we worked together to produce a very responsible bill, so I would urge all of our Members to support this bill on final passage. I think the membership can point to it with satisfaction; maybe not with complete agreement, but satisfaction that it reflects as well as possible the aspirations and priorities of Members given the amount of money that was available to us through the budget process. Amendment Offered by Mr. Hayworth

Mr. REGULA. Mr. Chairman, I just want to reserve a point of order. I understand that the plan is to withdraw the amendment.

Mr. REGULA. Mr. Chairman, I yield back the balance of my time.

Mr. REGULA. Mr. Chairman, I make a point of order.

Mr. REGULA. Mr. Chairman, I yield back the balance of my time.

Mr. REGULA. Mr. Chairman, I reserve a point of order against this amendment.

Mr. REGULA

Mr. REGULA. Mr. Speaker, in the interests of expediting the rest of the afternoon and getting people out at a reasonable time, I ask unanimous consent that during further consideration of H.R. 5006 in the Committee of the Whole, pursuant to House Resolution 754, no further amendment to the bill may be offered except: Pro forma amendments offered at any point by the chairman or ranking minority member of the Committee on Appropriations or their designees for the purpose of debate; Amendments 1 and 2; Amendment 6, which shall be debatable for 30 minutes; An amendment by Mr. Stark regarding Centers for Medicare and Medicaid Services, which shall be debatable for 20 minutes; An amendment by Mr. Neugebauer regarding NIMH gants; An amendment by Mr. Hayworth regarding totalization agreements with Mexico, which shall be debatable for 30 minutes; An amendment by Mr. Garrett of New Jersey regarding participation by Federal employees in conferences; An amendment by Mr. Oberstar regarding fatal chronic illness; An amendment by Mr. Ramstad regarding SAMHSA; An amendment by Mr. Brown of Ohio regarding Centers for Medicare and Medicaid Services; An amendment by Mrs. Wilson of New Mexico regarding Head Start; An amendment by Mr. King of Iowa regarding section 505 of the Illegal Immigration Reform and Responsibility Act; An amendment by Mr. John regarding mosquito control; An amendment by Mr. Kildee regarding education funding, which shall be debatable for 20 minutes; and An amendment by Ms. Bordallo regarding Medicaid funding. Each such amendment may be offered only by the Member named in this request or a designee, or the Member who caused it to be printed in the Record or a designee, shall be considered as read, shall not be subject to amendment, except pro forma amendments offered by the chairman or ranking minority member of the Committee on Appropriations or their designees for the purpose of debate, and shall not be subject to a demand for a division of the question in the House or in the Committee of the Whole. Except as otherwise specified, each amendment shall be debatable for 10 minutes, equally divided and controlled by the proponent and an opponent. An amendment shall be considered to fit the description stated in this request if it addresses in whole or in part the object described.