Amendment Text: H.Amdt.213 — 111th Congress (2009-2010)

There is one version of the amendment.

Shown Here:
Amendment as Offered (06/17/2009)

This Amendment appears on page H6920 in the following article from the Congressional Record.



[Pages H6919-H6935]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2010

  The SPEAKER pro tempore. Pursuant to House Resolution 552 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 2847.

                              {time}  1523


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 2847) making appropriations for the Departments of 
Commerce, Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2010, with Mr. Blumenauer (Acting Chair) in the 
chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Tuesday, 
June 16, 2009, amendment No. 8 offered by the gentleman from Illinois 
(Mr. Schock) had been disposed of and the bill had been read through 
page 4, line 7.
  Pursuant to House Resolution 552, no further general debate shall be 
in order.
  No further amendment shall be in order except: (1) amendments 
numbered 3, 6, 19, 22, 25, 31, 35, 41, 59, 60, 62, 63, 69, 71, 93, 96, 
97, 98, 100, 102, 111, 114, and 118 printed in the Congressional Record 
of June 15, 2009, which may be offered only by the Member who submitted 
it for printing or a designee, and (2) not to exceed 10 of the 
following amendments if offered by the ranking minority member of the 
Committee on Appropriations or his designee: amendments numbered 76, 
77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 104, 105, 
106, 107, and 108 printed in the Congressional Record of June 15, 2009. 
Each amendment shall be considered as read, shall be debatable for 10 
minutes equally divided and controlled by the proponent and opponent, 
and shall not be subject to a demand for division of the question. An 
amendment may be offered only at the appropriate point in the reading.
  The Chair and ranking minority member of the Committee on 
Appropriations or their designees each may offer a pro forma amendment 
for the purpose of debate following consideration of any amendment 
previously described.
  The Clerk will read.
  The Clerk read as follows:

                    Bureau of Industry and Security

                     operations and administration

       For necessary expenses for export administration and 
     national security activities of the Department of Commerce, 
     including costs associated with the performance of export 
     administration field activities both domestically and abroad; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas; employment of 
     Americans and aliens by contract for services abroad; payment 
     of tort claims, in the manner authorized in the first 
     paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $15,000 for official representation 
     expenses abroad; awards of compensation to informers under 
     the Export Administration Act of 1979, and as authorized by 
     22 U.S.C. 401(b); and purchase of passenger motor vehicles 
     for official use and motor vehicles for law enforcement use 
     with special requirement vehicles eligible for purchase 
     without regard to any price limitation otherwise established 
     by law, $100,342,000, to remain available until expended, of 
     which $14,767,000 shall be for inspections and other 
     activities related to national security: Provided, That the 
     provisions of the first sentence of section 105(f) and all of 
     section 108(c) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
     apply in carrying out these activities: Provided further, 
     That payments and contributions collected and accepted for 
     materials or services provided as part of such activities may 
     be retained for use in covering the cost of such activities, 
     and for providing information to the public with respect to 
     the export administration and national security activities of 
     the Department of Commerce and other export control programs 
     of the United States and other governments.

                  Economic Development Administration

                economic development assistance programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, and 
     for trade adjustment assistance, $255,000,000, to remain 
     available until expended.

                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $38,000,000: Provided, That these funds may be used to 
     monitor projects approved pursuant to title I of the Public 
     Works Employment Act of 1976, title II of the Trade Act of 
     1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

       For necessary expenses of the Department of Commerce in 
     fostering, promoting, and developing minority business 
     enterprise, including expenses of grants, contracts, and 
     other agreements with public or private organizations, 
     $31,000,000: Provided, That within the amounts appropriated, 
     $900,000 shall be used for the projects, and in the amounts, 
     specified in the table titled ``Congressionally-designated 
     items'' in the report of the Committee on Appropriations of 
     the House of Representatives to accompany this Act.

                   Economic and Statistical Analysis

                         salaries and expenses

       For necessary expenses, as authorized by law, of economic 
     and statistical analysis programs of the Department of 
     Commerce, $97,255,000, to remain available until September 
     30, 2011.

                          Bureau of the Census

                         salaries and expenses

       For expenses necessary for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $259,024,000.

                     periodic censuses and programs

       For necessary expenses to collect and publish statistics 
     for periodic censuses and programs provided for by law, 
     $7,115,707,000, of which $206,000,000 shall be derived from 
     available unobligated balances previously appropriated under 
     this heading, to remain available until September 30, 2011: 
     Provided, That none of the funds provided in this or any 
     other Act for any fiscal year may be used for the collection 
     of census data on race identification that does not include 
     ``some other race'' as a category: Provided further, That 
     from amounts provided herein, funds may be used for 
     additional promotion, outreach, and marketing activities.

       National Telecommunications and Information Administration

                         salaries and expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration 
     (NTIA), $19,999,000, to remain available until September 30, 
     2011: Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, operations, and 
     related services, and such fees shall be retained and used as 
     offsetting collections for costs of such spectrum services, 
     to remain available until expended: Provided further, That 
     the Secretary of Commerce is authorized to retain and use as 
     offsetting collections all funds transferred, or previously 
     transferred, from other Government agencies for all costs 
     incurred in telecommunications research, engineering, and 
     related activities by the Institute for Telecommunication 
     Sciences of NTIA, in furtherance of its assigned functions 
     under this paragraph, and such funds received from other 
     Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

       For the administration of grants, authorized by section 392 
     of the Communications Act of 1934, $20,000,000, to remain 
     available until expended as authorized by section 391 of the 
     Act: Provided, That not to exceed $2,000,000 shall be 
     available for program administration as authorized by section 
     391 of the Act: Provided further, That, notwithstanding the 
     provisions of section 391 of the Act, the prior year 
     unobligated balances may be made available for grants for 
     projects for which applications have been submitted and 
     approved during any fiscal year.

               United States Patent and Trademark Office

                         salaries and expenses

       For necessary expenses of the United States Patent and 
     Trademark Office (USPTO) provided for by law, including 
     defense of suits instituted against the Under Secretary of 
     Commerce for Intellectual Property and Director of the United 
     States Patent and Trademark Office, $1,930,361,000, to remain 
     available until expended: Provided, That the sum herein 
     appropriated from the general fund shall be reduced as 
     offsetting collections assessed and collected pursuant to 15 
     U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during 
     fiscal year 2010, so as to result in a fiscal year 2010 
     appropriation from the general fund estimated at $0: Provided 
     further, That during fiscal year 2010, should the total 
     amount of offsetting fee collections be less than 
     $1,930,361,000, this amount shall be reduced accordingly: 
     Provided further,

[[Page H6920]]

     That any amount received in excess of $1,930,361,000 in 
     fiscal year 2010, in an amount up to $100,000,000 shall 
     remain available until expended: Provided further, That from 
     amounts provided herein, not to exceed $1,000 shall be made 
     available in fiscal year 2010 for official reception and 
     representation expenses: Provided further, That in fiscal 
     year 2010 and hereafter, from the amounts made available for 
     ``Salaries and Expenses'' for the USPTO, the amounts 
     necessary to pay: (1) the difference between the percentage 
     of basic pay contributed by the USPTO and employees under 
     section 8334(a) of title 5, United States Code, and the 
     normal cost percentage (as defined by section 8331(17) of 
     that title) of basic pay, of employees subject to subchapter 
     III of chapter 83 of that title; and (2) the present value of 
     the otherwise unfunded accruing costs, as determined by the 
     Office of Personnel Management, of post-retirement life 
     insurance and post-retirement health benefits coverage for 
     all USPTO employees, shall be transferred to the Civil 
     Service Retirement and Disability Fund, the Employees Life 
     Insurance Fund, and the Employees Health Benefits Fund, as 
     appropriate, and shall be available for the authorized 
     purposes of those accounts: Provided further, That sections 
     801, 802, and 803 of division B, Public Law 108-447 shall 
     remain in effect during fiscal year 2010: Provided further, 
     That the Director may, this year, reduce by regulation fees 
     payable for documents in patent and trademark matters, in 
     connection with the filing of documents filed electronically 
     in a form prescribed by the Director: Provided further, That 
     from the amounts provided herein, no less than $4,000,000 
     shall be available only for the USPTO contribution in a 
     cooperative or joint agreement or agreements with a non-
     profit organization or organizations, successfully audited 
     within the previous year, and with previous experience in 
     such programs, to conduct policy studies, including studies 
     relating to activities of United Nations Specialized agencies 
     and other international organizations, as well as conferences 
     and other development programs, in support of fair 
     international protection of intellectual property rights.

             National Institute of Standards and Technology

             scientific and technical research and services

       For necessary expenses of the National Institute of 
     Standards and Technology, $510,000,000, to remain available 
     until expended, of which not to exceed $9,000,000 may be 
     transferred to the ``Working Capital Fund'': Provided, That 
     not to exceed $10,000 shall be for official reception and 
     representation expenses.

                     industrial technology services

       For necessary expenses of the Hollings Manufacturing 
     Extension Partnership of the National Institute of Standards 
     and Technology, $124,700,000, to remain available until 
     expended. In addition, for necessary expenses of the 
     Technology Innovation Program of the National Institute of 
     Standards and Technology, $69,900,000, to remain available 
     until expended.

                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation and 
     maintenance of existing facilities, not otherwise provided 
     for the National Institute of Standards and Technology, as 
     authorized by 15 U.S.C. 278c-278e, $76,500,000, to remain 
     available until expended, of which $20,000,000 is for a 
     competitive construction grant program for research science 
     buildings: Provided further, That the Secretary of Commerce 
     shall include in the budget justification materials that the 
     Secretary submits to Congress in support of the Department of 
     Commerce budget (as submitted with the budget of the 
     President under section 1105(a) of title 31, United States 
     Code) an estimate for each National Institute of Standards 
     and Technology construction project having a total multi-year 
     program cost of more than $5,000,000 and simultaneously the 
     budget justification materials shall include an estimate of 
     the budgetary requirements for each such project for each of 
     the five subsequent fiscal years.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfers of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft and 
     vessels; grants, contracts, or other payments to nonprofit 
     organizations for the purposes of conducting activities 
     pursuant to cooperative agreements; and relocation of 
     facilities, $3,198,793,000, to remain available until 
     September 30, 2011, except for funds provided for cooperative 
     enforcement, which shall remain available until September 30, 
     2012: Provided, That fees and donations received by the 
     National Ocean Service for the management of national marine 
     sanctuaries may be retained and used for the salaries and 
     expenses associated with those activities, notwithstanding 31 
     U.S.C. 3302: Provided further, That in addition, $3,000,000 
     shall be derived by transfer from the fund entitled ``Coastal 
     Zone Management'' and in addition $104,600,000 shall be 
     derived by transfer from the fund entitled ``Promote and 
     Develop Fishery Products and Research Pertaining to American 
     Fisheries'': Provided further, That of the $3,317,393,000 
     provided for in direct obligations under this heading 
     $3,198,793,000 is appropriated from the general fund, 
     $107,600,000 is provided by transfer, and $11,000,000 is 
     derived from recoveries of prior year obligations: Provided 
     further, That the total amount available for the National 
     Oceanic and Atmospheric Administration corporate services 
     administrative support costs shall not exceed $228,549,000: 
     Provided further, That payments of funds made available under 
     this heading to the Department of Commerce Working Capital 
     Fund including Department of Commerce General Counsel legal 
     services shall not exceed $41,944,000: Provided further, That 
     any deviation from the amounts designated for specific 
     activities in the report accompanying this Act, or any use of 
     deobligated balances of funds provided under this heading in 
     previous years, shall be subject to the procedures set forth 
     in section 505 of this Act: Provided further, That in 
     allocating grants under sections 306 and 306A of the Coastal 
     Zone Management Act of 1972, as amended, no coastal State 
     shall receive more than 5 percent or less than 1 percent of 
     increased funds appropriated over the previous fiscal year: 
     Provided further, That within the amounts appropriated, 
     $37,500,000 shall be used for the projects, and in the 
     amounts, specified in the table titled ``Congressionally-
     designated items'' in the report of the Committee on 
     Appropriations of the House of Representatives to accompany 
     this Act.


                Amendment No. 19 Offered by Ms. Bordallo

  Ms. BORDALLO. Mr. Chairman, I have an amendment at the desk, 
amendment No. 19, printed in the Congressional Record on June 15, 2009.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 19 offered by Ms. Bordallo:
       Page 13, line 11, after the dollar amount insert 
     ``(increased by $500,000)''.
       Page 13, line 24, after the dollar amount insert 
     ``(increased by $500,000)''.
       Page 13, line 25, after the dollar amount insert 
     ``(increased by $500,000)''.
       Page 17, line 12, after the dollar amount insert ``(reduced 
     by $500,000)''.

  The Acting CHAIR. Pursuant to House Resolution 552, the gentlewoman 
from Guam and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentlewoman from Guam.
  Ms. BORDALLO. Mr. Chairman, I offer this amendment for the purposes 
of ensuring that not less than $500,000 is appropriated to the National 
Oceanic and Atmospheric Administration for grants to be awarded in 2010 
by the Secretary of Commerce for Western Pacific Fishery Demonstration 
Projects.
  The amendment ensures funding is provided for this authorized, 
competitive-based grants program in fiscal year 2010. The Western 
Pacific Demonstration Projects program is authorized by Public Law 104-
297, the Sustainable Fisheries Act. The program was funded at the 
maximum authorized level, $500,000, each year from 1999 through 2005. 
My amendment would restart the program at this same level of funding.
  Valuable and economically innovative projects in Western Pacific 
fisheries have been demonstrated and explored through this program in 
previous rounds of competition. The program is important to the 
communities represented on the Western Pacific Regional Fishery 
Management Council, which includes my own district, the Territory of 
Guam.
  Mr. Chairman, the program's chief purpose, as authorized, is to 
establish not less than three and not more than five fishery 
demonstration projects to foster and promote traditional indigenous 
fishing practices. In the last rounds of competition in 2004 and 2005, 
five grants were awarded to applicants in the State of Hawaii, three 
each to American Samoa and the Commonwealth of the Northern Mariana 
Islands, and one for Guam.
  I am grateful for the opportunity to offer this amendment, and I want 
to thank the distinguished gentleman from West Virginia (Mr. Mollohan) 
and our colleague from Virginia, Mr. Wolf, and their staffs for their 
attention to this amendment.

                              {time}  1530

  I hope to secure their support today for the adoption of this 
amendment, and I look forward to working with them to ensure that this 
issue is addressed appropriately in conference.
  And, finally, I want to state that the issue of protecting indigenous 
culture, as this amendment does, with respect to traditional fishing 
practices is important, not only to myself, but to our colleagues from 
CNMI, American Samoa and Hawaii.
  I reserve the balance of my time.

[[Page H6921]]

  Mr. WOLF. I ask unanimous consent to claim the time, but I am not in 
opposition.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. WOLF. I have no objection, and I just yield back the balance of 
the time.
  Mr. MOLLOHAN. Will the gentlelady yield for purposes of accepting the 
amendment?
  Ms. BORDALLO. Yes.
  Mr. MOLLOHAN. Mr. Chairman, we have no objection to the amendment, 
and we accept the amendment.
  Ms. BORDALLO. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Guam (Ms. Bordallo).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. WOLF. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Guam will 
be postponed.
  Mr. WOLF. Mr. Chairman, I strike the requisite number of words.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. WOLF. Mr. Chairman, as the ranking member on the committee, I 
feel an obligation just to make a comment to kind of put things in 
perspective, particularly as the American people are watching, because 
I think what we're doing today is setting a very bad and a dangerous 
precedent.
  I've been around the House for a while, and I've been involved in 
debates on scores of appropriations bills. Traditionally, whether it's 
been Democrats or Republicans in the majority, we've had open rules on 
spending bills, and a respectful working relationship across the aisle; 
and that's the way it should be, and that's what the American people 
expect, a cooperative attitude and the opportunity for full scrutiny of 
how their tax dollars are being spent.
  I didn't like the preprinting requirement for amendments that the 
majority instituted to start the appropriations process on the floor 
this session with the Commerce-Justice-Science bill. I supported an 
open rule so that every Member could have the opportunity to review the 
entire bill, and if there were programs that Members believed could be 
cut, then we could debate that amendment and the House could work its 
will.
  So we started the process late last night to debate the preprinted 
amendments. And 21 minutes into the amendment debate, the chairman of 
the committee pulled the plug on that process and on the Members who, 
really, in good faith, followed the instructions of the preprinting. 
They went up; they did everything that was asked of them. The rules, 
Mr. Chairman, were then changed in the middle of the night, and now we 
have even a more controlled process.
  Members on my side, and I think if you kind of do unto others as you 
would have them do unto you can think, if you were in that situation 
and had gone through the same thing the guys on our side, Members on 
our side, how you would feel. Members on my side have the right to have 
their voice heard and offer amendments to control spending. Members on 
both sides had substantive, thoughtful amendments.
  Members on my side have the right to have their voice heard and offer 
amendments, whatever they may be, to control spending or whatever. 
Members on both sides also have substantive and thoughtful amendments 
that were germane and in order, and now those Members have lost the 
opportunity to offer them.
  For example, Mr. Rogers from Michigan, who was an FBI agent, who went 
to Afghanistan, God bless him for taking the time for the oversight, 
who serves on the Intelligence Committee, had a very important 
amendment regarding an apparent policy initiative by this 
administration, to expand the practice of reading Miranda rights to 
detainees in the custody of the U.S. Armed Forces in Afghanistan. It's 
called global justice.
  Mr. Rogers wanted to talk about that and offer an amendment. And 
whether we would pass it or not, he had every right to do so. And now 
Mr. Rogers and other Members have legitimate concerns about such 
policies. He simply wanted the opportunity to offer his amendment and 
let the House vote. He complied with the printing requirement. He 
testified late last night, sat up here late into the night, till 12:30 
or 1 in the morning. He testified at the Rules Committee; and yet, now, 
Mr. Rogers finds he is unable to even offer this amendment that deals 
with the whole fundamental issue of the war on terror, what's taking 
place in Afghanistan, and all these issues.
  Closing, this is a departure from the traditional open rules and the 
comity that has characterized the appropriation process over the years.
  If we can't even come up with a fair process to debate annual 
spending bills on this floor, how can we ever hope to ever, ever, ever 
find solutions to the big problems that this country has?
  I yield back the balance of my time.
  Mr. OBEY. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Wisconsin is recognized for 5 
minutes.
  Mr. OBEY. Mr. Chairman, I did not want to get into this subject yet 
again, but I guess we have to.
  I would like to put in perspective why we are here under these 
circumstances. As everyone in this Chamber understands, we have, for 
the last 4 months, been dealing with a national economic emergency, and 
an absolute crisis in terms of the war in the Middle East, especially 
in Pakistan and Afghanistan. So this Chamber has been hugely occupied 
for 4 months.
  And now, finally, after finishing our major economic leftovers from 
the previous year, we're now turning to the appropriations bill. The 
hard fact is that everyone says they want appropriation bills to be 
finished individually, not collectively, in an omnibus. And yet, we 
only have 6 weeks to accomplish that. We have to pass 12 major 
appropriation bills in 6 weeks and still leave enough time on the 
calendar to deal with health care, to deal with climate change, to deal 
with the military authorization bill, and several other crucial issues.
  So Mr. Hoyer, the majority leader, and I, went to our friends on the 
Republican side of the aisle, went to both the minority leader and the 
ranking member of the committee, and asked whether or not we could 
reach agreement that would enable us to meet that schedule. And we 
pointed out that the schedule that we have set requires that we set 
aside no more than about 8 or 9 hours to debate each of the bills with 
all of the amendments thereto.
  We were told that they did not believe that they could participate in 
that kind of a tight schedule. So then we tried to proceed anyway.
  We asked Members to prefile amendments so that every Member of this 
House would know what they were expected to vote on. We confronted the 
fact that 127 amendments were filed. That will take at least 23 or 24 
hours, just to debate those amendments. And that blows the entire 
schedule for the entire 6 weeks.
  One Member today said, ``Well, what's wrong if it takes 40 hours to 
pass this bill?'' The fact is that that would be one-third of the time 
remaining on the schedule for all 12 appropriation bills.
  We've got an obligation to get our work done. And so what Mr. Hoyer 
and I did was even offer the minority leader the opportunity, in a 
compressed number of amendments, to select their own amendments, any 
amendments they wanted. But they did not want to be limited in number 
or time. I don't fault them for it. I'm simply stating facts.
  Now, we have one misunderstanding around here. We have the impression 
that somehow appropriation bills have always been considered in open 
rules. The fact is, I have a sheet here which shows 25 previous 
occasions where appropriations have been continued under structured or 
modified, or even closed rules. And this is only when Republicans were 
in control. This does not count the more than a dozen times under 
Democratic control, when we had significantly limited rules for 
appropriation bills, including the Foreign Operations bill, D.C., the 
Defense Bill, Interior and the Legislative Appropriations bill.
  So I simply state this, not to get into a perennial argument, but to 
make clear we have tried every way we can to involve the minority. 
We've asked

[[Page H6922]]

them several times if they could participate in a compressed schedule.
  I don't think that it's necessary to debate all of these bills for 40 
hours. But we are giving--there are going to be 33 amendments offered 
to this bill under the rule, and only nine of them are Democratic 
amendments. The rest are Republican amendments. I think that's treating 
the minority especially fairly.
  Mr. LEWIS of California. Would the gentleman yield?
  Mr. OBEY. Sure.
  Mr. LEWIS of California. I appreciate my colleague yielding. We had a 
discussion on the floor yesterday where you were essentially asking me 
this question: How can we get a handle on reasonably controlling the 
time, et cetera? And you and I have had back and forth regarding that 
whole discussion.
  I appreciate your concern about the schedule here. But my goodness, 
when you have the number of amendments that we had filed on this bill, 
and we knew many of them would fall off, you and I discussed that 
between each other. But then the first amendment, to have that taking 
us back to the Rules Committee is incredible, and I can't quite believe 
you'd do that.
  Mr. OBEY. Let me take back my time. Let me simply say that this is 
the third year that we've been in this situation where we've been 
filibustered by amendment, and we recognize a filibuster by amendment 
when we see it.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

       In addition, for necessary retired pay expenses under the 
     Retired Serviceman's Family Protection and Survivor Benefits 
     Plan, and for payments for the medical care of retired 
     personnel and their dependents under the Dependents Medical 
     Care Act (10 U.S.C. 55), such sums as may be necessary.

               procurement, acquisition and construction

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration, 
     $1,409,148,000, to remain available until September 30, 2012, 
     except funds provided for construction of facilities which 
     shall remain available until expended: Provided, That of the 
     $1,411,148,000 provided for in direct obligations under this 
     heading $1,409,148,000 is appropriated from the general fund 
     and $2,000,000 is provided from recoveries of prior year 
     obligations: Provided further, That except to the extent 
     expressly prohibited by any other law, the Department of 
     Defense may delegate procurement functions related to the 
     National Polar-orbiting Operational Environmental Satellite 
     System to officials of the Department of Commerce pursuant to 
     section 2311 of title 10, United States Code: Provided 
     further, That any deviation from the amounts designated for 
     specific activities in the report accompanying this Act, or 
     any use of deobligated balances of funds provided under this 
     heading in previous years, shall be subject to the procedures 
     set forth in section 505 of this Act: Provided further, That 
     the Secretary of Commerce shall include in budget 
     justification materials that the Secretary submits to 
     Congress in support of the Department of Commerce budget (as 
     submitted with the budget of the President under section 
     1105(a) of title 31, United States Code) an estimate for each 
     National Oceanic and Atmospheric Administration Procurement, 
     Acquistion, or Construction project having a total of more 
     than $5,000,000 and simultaneously the budget justification 
     shall include an estimate of the budgetary requirements for 
     each such project for each of the five subsequent fiscal 
     years.

                      coastal zone management fund

                     (including transfer of funds)

       Of amounts collected pursuant to section 308 of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 
     $3,000,000 shall be transferred to the ``Operations, 
     Research, and Facilities'' account to offset the costs of 
     implementing such Act.

                   fisheries finance program account

       Subject to section 502 of the Congressional Budget Act of 
     1974, during fiscal year 2009, obligations of direct loans 
     may not exceed $8,000,000 for Individual Fishing Quota loans 
     and not to exceed $59,000,000 for traditional direct loans as 
     authorized by the Merchant Marine Act of 1936: Provided, That 
     none of the funds made available under this heading may be 
     used for direct loans for any new fishing vessel that will 
     increase the harvesting capacity in any United States 
     fishery.

                        Departmental Management

                         salaries and expenses

       For expenses necessary for the departmental management of 
     the Department of Commerce provided for by law, including not 
     to exceed $5,000 for official entertainment, $60,000,000: 
     Provided, That the Secretary, within 30 days of enactment of 
     this Act, shall provide a report to the Committees on 
     Appropriations that audits and evaluates all decision 
     documents and expenditures by the Bureau of the Census as 
     they relate to the 2010 Census: Provided further, That of the 
     amounts provided to the Secretary within this account, 
     $5,000,000 shall not become available for obligation until 
     the Secretary certifies to the House and Senate Committees on 
     Appropriations that the Bureau of the Census has followed and 
     met all standards and best practices, and all Office of 
     Management and Budget guidelines related to information 
     technology projects and contract management.


           Amendment No. 3 Offered by Ms. Moore of Wisconsin

  Ms. MOORE of Wisconsin. Mr. Chairman, I have an amendment at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Ms. Moore of Wisconsin:
       In title I, in the paragraph entitled ``Salaries and 
     Expenses'' immediately following the heading ``Departmental 
     Management'' insert ``(reduced by $4,000,000'') after 
     ``$60,000,000''.
       Page 42, line 7, after ``$400,000,000'' insert ``(increased 
     by $4,000,000)''.
       In title II, in the paragraph entitled ``Violence Against 
     Women Prevention and Prosecution Programs'' under the heading 
     ``State and Local Law Enforcment Activities Office on 
     Violence Against Women'' in the numbered item in the second 
     proviso relating to legal assistance for victims as 
     authorized by section 1201 of the 2000 Act, insert 
     ``(increased by $4,000,000)'' after ``$37,000,000''.

  The Acting CHAIR. Pursuant to House Resolution 552, the gentlewoman 
from Wisconsin (Ms. Moore) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Wisconsin.
  Ms. MOORE of Wisconsin. Mr. Chairman, my amendment increases funding 
for a critical program, the Violence Against Women Act Legal Assistance 
Program by $4 million.
  I would like to thank Representative Poe for his diligent work on 
this amendment. And I also want to thank Representative Mollohan for 
his commitment on this issue as well.
  You know, we all make lawyer jokes, but to the women who face 
domestic violence and need legal representation to successfully flee 
their abusers, obtain orders of protection, and retain custody of their 
children, the lack of legal representation is definitely not a laughing 
matter.
  Nearly 70 percent of the women who bravely take their abusers to 
court do so without legal representation. And too often, having an 
attorney present is the deciding factor in obtaining that lifesaving 
personal protection order or getting custody of your kids or receiving 
transitional housing.
  It's a sad day when a family is forced to stay with their abuser 
because they don't know how to navigate through the court system.
  Earlier this week, Mr. Chairman, I heard from Chris in Wisconsin, 
whose husband sent her to the emergency room a dozen times, broke her 
foot, held a gun to her head, and threatened to poison her four 
children before she was able to escape with the help of legal 
assistance after 5 long years of torture.
  I also heard from Danielle of Madison, Wisconsin, who obtained a 
divorce from her wealthy attorney husband who repeatedly beat and 
stabbed her, but was left battling her husband's expensive attorney for 
custody 2 years after the divorce. Her effort to study the Wisconsin 
statutes and defend herself in court drew ridicule and rebuke from the 
judge. These are just a couple of examples.
  I would like to yield to Mr. Mollohan.
  Mr. MOLLOHAN. I thank the gentlelady, and thank her for her 
amendment.
  Mr. Chairman, we are prepared to accept the amendment.
  Mr. WOLF. Mr. Chairman, I claim the time in opposition, although I am 
not in opposition.
  The Acting CHAIR. Without objection, the gentleman from Virginia is 
recognized for 5 minutes.
  There was no objection.
  Mr. WOLF. I yield to the gentleman from Texas, Judge Poe, for 5 
minutes.

                              {time}  1545

  Mr. POE of Texas. I thank the gentleman for yielding, and I 
appreciate the gentlewoman from Wisconsin for her representation and 
hard work on this amendment.
  Mr. Chairman, this amendment is a strong amendment, and it puts forth 
the proposition that victims' issues aren't partisan issues; they're 
people issues.

[[Page H6923]]

  I strongly support this amendment to increase Legal Assistance for 
Victims by $4 million. That doesn't sound like much, but it's a lot of 
money for victims of crime. It will bring the total Legal Assistance 
for Victims grants to $41 million. This funding is offset by a $4 
million reduction from the Department of Commerce--Departmental 
Management, Salaries and Expenses account. I think that money would be 
better served in being given to the Legal Assistance for Victims rather 
than giving raises and salaries to this department.
  These legal assistance grants provide much needed funding for 
domestic violence victims to seek protective orders, child custody, 
child support, and housing and public benefits assistance.
  As I found during my 30 years as a prosecutor and as a judge, too 
often, domestic violence and sexual assault victims have to appear in 
court by themselves, alone. They don't have high-dollar lawyers 
pleading their cases or guiding them through the complex and often 
burdensome legal system that we have in all of our States and Federal 
courts. Instead, even though those who supposedly loved them chose to 
beat them up, they have to pay the price to fight their way through the 
legal system to request civil protection. This shouldn't be. We need to 
match civil justice with our criminal justice system.
  The Civil Legal Assistance for Victims program provides funding to 
meet the legal needs of domestic violence and sexual assault victims. 
It is the only federally funded program designed to meet all of the 
legal assistance needs of victims. It is one of the most crucial and 
lifesaving programs in the Violence Against Women Act; yet it remains 
critically underfunded. The demand for legal services is so high that 
the Office on Violence Against Women receives almost 300 applications 
per year, but that office is only able to fund one-third of the total 
request.
  We have a duty to protect the innocent and to make sure their voices 
are heard in our court system. We must ensure that victims are not 
further victimized by their abusers through the legal system in this 
country.
  As founder and co-Chair of the bipartisan Victims' Rights Caucus, I 
support this amendment. I strongly urge its passage.
  Ms. MOORE of Wisconsin. Well, thank you so much. I just want to 
mention again what an amazing partner Mr. Poe has been with this 
initiative. Indeed, this is not a partisan issue.
  Mr. Poe mentioned that these funds will be drawn from the Department 
of Commerce's salaries and expenses, of which they're provided $60 
million. That's $7 million over last year's funding. Of course, legal 
assistance programs have steadily declined since 2003, and only about a 
third of women who appear in court, the applicants who actually apply 
for this legal funding, actually receive funding. So this is really 
critical funding and support to help these women leave their abusers.
  For every Danielle and Chris who are able to free themselves of their 
abusers, there are four other women out there who are still being 
silenced because they don't have access to adequate legal 
representation. This $4 million is very appreciated. It's not enough, 
but it's a great start. The legal assistance program is one of the most 
effective tools to ensure that battered women and children have a voice 
in our justice system. I urge support for this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Wisconsin (Ms. Moore).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. KING of Iowa. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Wisconsin 
will be postponed.
  The Clerk will read.
  The Clerk read as follows:

        herbert c. hoover building renovation and modernization

       For expenses necessary, including blast windows, for the 
     renovation and modernization of the Herbert C. Hoover 
     Building, $5,000,000, to remain available until expended.

                      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 (5 U.S.C. App.), $27,000,000.

               General Provisions--Department of Commerce

                     (including transfer of funds)

       Sec. 101.  During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 102.  During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 103.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation 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 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary of Commerce shall notify 
     the Committees on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this Act or any other law appropriating funds 
     for the Department of Commerce: Provided further, That for 
     the National Oceanic and Atmospheric Administration this 
     section shall provide for transfers among appropriations made 
     only to the National Oceanic and Atmospheric Administration 
     and such appropriations may not be transferred and 
     reprogrammed to other Department of Commerce bureaus and 
     appropriation accounts.
       Sec. 104.  Any costs incurred by a department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 105.  The requirements set forth by section 112 of 
     division B of Public Law 110-161 are hereby adopted by 
     reference.
       Sec. 106.  Notwithstanding any other law, the Secretary may 
     furnish services (including but not limited to utilities, 
     telecommunications, and security services) necessary to 
     support the operation, maintenance, and improvement of space 
     that persons, firms or organizations are authorized pursuant 
     to the Public Buildings Cooperative Use Act of 1976 or other 
     authority to use or occupy in the Herbert C. Hoover Building, 
     Washington, DC, or other buildings, the maintenance, 
     operation, and protection of which has been delegated to the 
     Secretary from the Administrator of General Services pursuant 
     to the Federal Property and Administrative Services Act of 
     1949, as amended, on a reimbursable or non-reimbursable 
     basis. Amounts received as reimbursement for services 
     provided under this section or the authority under which the 
     use or occupancy of the space is authorized, up to $200,000, 
     shall be credited to the appropriation or fund which 
     initially bears the costs of such services.
       Sec. 107.  The Administration of the National Oceanic and 
     Atmospheric Administration is authorized to use, with their 
     consent, with reimbursement and subject to the limits of 
     available appropriations, the land, services, equipment, 
     personnel, and facilities of any department, agency or 
     instrumentality of the United States, or of any state, local 
     government, Indian tribal government, Territory or 
     possession, or of any political subdivision thereof, or of 
     any foreign government or international organization for 
     purposes related to carrying out the responsibilities of any 
     statute administered by the National Oceanic and Atmospheric 
     Administration.
       This title may be cited as the ``Department of Commerce 
     Appropriations Act, 2010''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $118,488,000 of which not to exceed 
     $4,000,000 for security and construction of Department of 
     Justice facilities shall remain available

[[Page H6924]]

     until expended: Provided, That the Attorney General is 
     authorized to transfer funds appropriated within General 
     Administration to any office in this account: Provided 
     further, That $14,693,000 is for Department Leadership; 
     $8,101,000 is for Intergovernmental Relations/External 
     Affairs; $12,715,000 is for Executive Support/Professional 
     Responsibility; and $82,979,000 is for the Justice Management 
     Division: Provided further, That any change in amounts 
     specified in the preceding proviso greater than 5 percent 
     shall be submitted for approval to the House and Senate 
     Committees on Appropriations consistent with the terms of 
     section 505 of this Act: Provided further, That this transfer 
     authority is in addition to transfers authorized under 
     section 505 of this Act.


                Amendment No. 41 Offered by Mr. Boswell

  Mr. BOSWELL. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 41 offered by Mr. Boswell:
       In the item relating to ``Department of Justice--General 
     Administration--Salaries and Expenses'', after the first 
     dollar amount, insert ``(reduced by $2,500,000)''.
       In the item relating to the ``National Criminal History 
     Improvment program'' in paragraph (25) under the heading 
     ``State and Local Law Enforcement Assistance'', after the 
     dollar amount, insert ``(increased by $2,500,000)''.

  The Acting CHAIR. Pursuant to House Resolution 552, the gentleman 
from Iowa (Mr. Boswell) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Iowa for 5 minutes.
  Mr. BOSWELL. I would like to thank Chairman Mollohan and Ranking 
Member Wolf for their hard work on H.R. 2847, the Commerce, Justice, 
Science, and Related Agencies Appropriations Act of 2010.
  Mr. Chairman, this amendment would provide an increase of $2.5 
million for the National Criminal History Improvement Program. I have 
brought this issue to the floor for several years now, and it 
consistently receives bipartisan support.
  I thank my colleagues for their continued support and for their 
commitment to law enforcement officers and public safety. I believe 
that this increase is incredibly important for law enforcement. We must 
ensure that the intelligence our officers are working off of is up to 
date and accurate.
  The National Criminal History Improvement Program ensures that States 
improve their infrastructure to connect to the national records system. 
It helps protect our most vulnerable populations by improving law 
enforcement's ability to identify persons ineligible to hold positions 
involving children, the elderly or the disabled. The program also helps 
law enforcement officers protect our communities from individuals with 
histories of stalking and of committing acts of domestic violence. I 
think my colleagues will agree this is an important investment.
  I would like to yield to the distinguished chairman from Wisconsin 
(Mr. Obey).
  Mr. OBEY. I thank the gentleman for yielding.
  Mr. Chairman, let me simply say that I think, on this side of the 
aisle, the committee certainly agrees with the gentleman's assertions, 
and we would be happy to accept the amendment.
  Mr. BOSWELL. We thank you.
  With that, I would urge the adoption of this amendment.
  I will reserve my time for any comments that might be made from the 
other side.
  Mr. WOLF. Mr. Chairman, we have no objection to the amendment. We 
support the amendment.
  Mr. BOSWELL. With that, I urge the adoption of the amendment, and I 
yield back my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Iowa (Mr. Boswell).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. BROUN of Georgia. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Iowa will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:

                   national drug intelligence center

       For necessary expenses of the National Drug Intelligence 
     Center, $44,023,000, of which $2,000,000 shall be for 
     reimbursement of Air Force personnel for the National Drug 
     Intelligence Center to support the Department of Defense's 
     counter-drug intelligence responsibilities: Provided, That 
     the National Drug Intelligence Center shall maintain the 
     personnel and technical resources to provide timely support 
     to law enforcement authorities and the intelligence community 
     by conducting document and computer exploitation of materials 
     collected in Federal, State, and local law enforcement 
     activity associated with counter-drug, counterterrorism, and 
     national security investigations and operations.

                 justice information sharing technology

       For necessary expenses for information sharing technology, 
     including planning, development, deployment and departmental 
     direction, $109,417,000, to remain available until expended, 
     of which not less than $21,132,000 is for the unified 
     financial management system.

            tactical law enforcement wireless communications

       For the costs of developing and implementing a nation-wide 
     Integrated Wireless Network supporting Federal law 
     enforcement communications, and for the costs of operations 
     and maintenance of existing Land Mobile Radio legacy systems, 
     $205,143,000, to remain available until expended: Provided, 
     That the Attorney General shall transfer to this account all 
     funds made available to the Department of Justice for the 
     purchase of portable and mobile radios: Provided further, 
     That any transfer made under the preceding proviso shall be 
     subject to section 505 of this Act.

                   administrative review and appeals

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration-related activities, 
     $300,685,000, of which $4,000,000 shall be derived by 
     transfer from the Executive Office for Immigration Review 
     fees deposited in the ``Immigration Examinations Fee'' 
     account.

                           detention trustee

       For necessary expenses of the Federal Detention Trustee, 
     $1,438,663,000, to remain available until expended: Provided, 
     That the Trustee shall be responsible for managing the 
     Justice Prisoner and Alien Transportation System: Provided 
     further, That not to exceed $5,000,000 shall be considered 
     ``funds appropriated for State and local law enforcement 
     assistance'' pursuant to 18 U.S.C. 4013(b).

                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     $84,368,000, including not to exceed $10,000 to meet 
     unforeseen emergencies of a confidential character.

                    United States Parole Commission

                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized, $12,859,000.

                            Legal Activities

            salaries and expenses, general legal activities

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; and 
     rent of private or Government-owned space in the District of 
     Columbia, $875,097,000, of which not to exceed $10,000,000 
     for litigation support contracts shall remain available until 
     expended: Provided, That of the total amount appropriated, 
     not to exceed $10,000 shall be available to the United States 
     National Central Bureau, INTERPOL, for official reception and 
     representation expenses: Provided further, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for litigation activities of the Civil 
     Division, the Attorney General may transfer such amounts to 
     ``Salaries and Expenses, General Legal Activities'' from 
     available appropriations for the current fiscal year for the 
     Department of Justice, as may be necessary to respond to such 
     circumstances: Provided further, That any transfer pursuant 
     to the previous proviso shall be treated as a reprogramming 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section: Provided further, That 
     of the amount appropriated, such sums as may be necessary 
     shall be available to reimburse the Office of Personnel 
     Management for salaries and expenses associated with the 
     election monitoring program under section 8 of the Voting 
     Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That 
     of the amounts provided under this heading for the election 
     monitoring program $3,390,000, shall remain available until 
     expended.
       In addition, for reimbursement of expenses of the 
     Department of Justice associated with processing cases under 
     the National Childhood Vaccine Injury Act of 1986, not to 
     exceed $7,833,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.

               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $163,170,000, to remain available until 
     expended: Provided, That notwithstanding any other provision 
     of law, fees collected for premerger notification filings 
     under the

[[Page H6925]]

     Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 
     U.S.C. 18a), regardless of the year of collection (and 
     estimated to be $102,000,000 in fiscal year 2010), shall be 
     retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended: 
     Provided further, That the sum herein appropriated from the 
     general fund shall be reduced as such offsetting collections 
     are received during fiscal year 2010, so as to result in a 
     final fiscal year 2010 appropriation from the general fund 
     estimated at $61,170,000.

             salaries and expenses, united states attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including inter-governmental and cooperative 
     agreements, $1,934,003,000: Provided, That of the total 
     amount appropriated, not to exceed $8,000 shall be available 
     for official reception and representation expenses: Provided 
     further, That not to exceed $25,000,000 shall remain 
     available until expended: Provided further, That of the 
     amount provided under this heading, not less than $36,980,000 
     shall be used for salaries and expenses for assistant U.S. 
     Attorneys to carry out section 704 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (Public Law 109-248) 
     concerning the prosecution of offenses relating to the sexual 
     exploitation of children: Provided further, That of the 
     amount provided under this heading, $6,000,000 is for 
     salaries and expenses for new assistant U.S. Attorneys to 
     carry out additional prosecutions of serious crimes in Indian 
     Country.

                   united states trustee system fund

       For necessary expenses of the United States Trustee 
     Program, as authorized, $224,488,000, to remain available 
     until expended and to be derived from the United States 
     Trustee System Fund: Provided, That notwithstanding any other 
     provision of law, deposits to the Fund shall be available in 
     such amounts as may be necessary to pay refunds due 
     depositors: Provided further, That, notwithstanding any other 
     provision of law, $210,000,000 of offsetting collections 
     pursuant to 28 U.S.C. 589a(b) shall be retained and used for 
     necessary expenses in this appropriation and shall remain 
     available until expended: Provided further, That the sum 
     herein appropriated from the Fund shall be reduced as such 
     offsetting collections are received during fiscal year 2009, 
     so as to result in a final fiscal year 2009 appropriation 
     from the Fund estimated at $9,488,000.

      salaries and expenses, foreign claims settlement commission

       For expenses necessary to carry out the activities of the 
     Foreign Claims Settlement Commission, including services as 
     authorized by section 3109 of title 5, United States Code, 
     $2,117,000.

                     fees and expenses of witnesses

       For fees and expenses of witnesses, for expenses of 
     contracts for the procurement and supervision of expert 
     witnesses, for private counsel expenses, including advances, 
     and for expenses of foreign counsel, $168,300,000, to remain 
     available until expended, of which not to exceed $10,000,000 
     is for construction of buildings for protected witness 
     safesites; not to exceed $3,000,000 is for the purchase and 
     maintenance of armored and other vehicles for witness 
     security caravans; and not to exceed $11,000,000 may be made 
     available for the purchase, installation, maintenance, and 
     upgrade of secure telecommunications equipment and a secure 
     automated information network to store and retrieve the 
     identities and locations of protected witnesses.

           salaries and expenses, community relations service

       For necessary expenses of the Community Relations Service, 
     $11,479,000: Provided, That notwithstanding section 205 of 
     this Act, upon a determination by the Attorney General that 
     emergent circumstances require additional funding for 
     conflict resolution and violence prevention activities of the 
     Community Relations Service, the Attorney General may 
     transfer such amounts to the Community Relations Service, 
     from available appropriations for the current fiscal year for 
     the Department of Justice, as may be necessary to respond to 
     such circumstances: Provided further, That any transfer 
     pursuant to the preceding proviso shall be treated as a 
     reprogramming under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.

                         assets forfeiture fund

       For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and 
     (G), $20,990,000, to be derived from the Department of 
     Justice Assets Forfeiture Fund.

                     United States Marshals Service

                         salaries and expenses

       For necessary expenses of the United States Marshals 
     Service, $1,138,388,000; of which not to exceed $30,000 shall 
     be available for official reception and representation 
     expenses; of which not to exceed $4,000,000 shall remain 
     available until expended for information technology systems; 
     and of which not less than $12,625,000 shall be available for 
     the costs of courthouse security equipment, including 
     furnishings, relocations, and telephone systems and cabling, 
     and shall remain available until expended.

                              construction

       For construction in space controlled, occupied or utilized 
     by the United States Marshals Service for prisoner holding 
     and related support, $14,000,000, to remain available until 
     expended.

                       National Security Division

                         salaries and expenses

       For expenses necessary to carry out the activities of the 
     National Security Division, $87,938,000; of which not to 
     exceed $5,000,000 for information technology systems shall 
     remain available until expended: Provided, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for the activities of the National 
     Security Division, the Attorney General may transfer such 
     amounts to this heading from available appropriations for the 
     current fiscal year for the Department of Justice, as may be 
     necessary to respond to such circumstances: Provided further, 
     That any transfer pursuant to the preceding proviso shall be 
     treated as a reprogramming under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

       For necessary expenses for the identification, 
     investigation, and prosecution of individuals associated with 
     the most significant drug trafficking and affiliated money 
     laundering organizations not otherwise provided for, to 
     include inter-governmental agreements with State and local 
     law enforcement agencies engaged in the investigation and 
     prosecution of individuals involved in organized crime drug 
     trafficking, $528,569,000, of which $50,000,000 shall remain 
     available until expended: Provided, That any amounts 
     obligated from appropriations under this heading may be used 
     under authorities available to the organizations reimbursed 
     from this appropriation.

                    Federal Bureau of Investigation

                         salaries and expenses

       For necessary expenses of the Federal Bureau of 
     Investigation for detection, investigation, and prosecution 
     of crimes against the United States, $7,718,741,000, of which 
     $101,066,000 is designated as being for overseas deployments 
     and other activities pursuant to section 423(a)(1) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010; and of which not to exceed 
     $150,000,000 shall remain available until expended: Provided, 
     That not to exceed $205,000 shall be available for official 
     reception and representation expenses.

                              construction

       For necessary expenses to construct or acquire buildings 
     and sites by purchase, or as otherwise authorized by law 
     (including equipment for such buildings); conversion and 
     extension of federally owned buildings; and preliminary 
     planning and design of projects; $132,796,000, to remain 
     available until expended.

                    Drug Enforcement Administration

                         salaries and expenses

       For necessary expenses of the Drug Enforcement 
     Administration, including not to exceed $70,000 to meet 
     unforeseen emergencies of a confidential character pursuant 
     to 28 U.S.C. 530C; and expenses for conducting drug education 
     and training programs, including travel and related expenses 
     for participants in such programs and the distribution of 
     items of token value that promote the goals of such programs, 
     $2,019,682,000; of which not to exceed $75,000,000 shall 
     remain available until expended; and of which not to exceed 
     $100,000 shall be available for official reception and 
     representation expenses.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

       For necessary expenses of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, not to exceed $40,000 for official 
     reception and representation expenses; for training of State 
     and local law enforcement agencies with or without 
     reimbursement, including training in connection with the 
     training and acquisition of canines for explosives and fire 
     accelerants detection; and for provision of laboratory 
     assistance to State and local law enforcement agencies, with 
     or without reimbursement, $1,105,772,000, of which not to 
     exceed $1,000,000 shall be available for the payment of 
     attorneys' fees as provided by section 924(d)(2) of title 18, 
     United States Code; and of which not to exceed $10,000,000 
     shall remain available until expended: Provided, That no 
     funds appropriated herein shall be available for salaries or 
     administrative expenses in connection with consolidating or 
     centralizing, within the Department of Justice, the records, 
     or any portion thereof, of acquisition and disposition of 
     firearms maintained by Federal firearms licensees: Provided 
     further, That no funds appropriated herein shall be used to 
     pay administrative expenses or the compensation of any 
     officer or employee of the United States to implement an 
     amendment or amendments to 27 CFR 478.118 or to change the 
     definition of ``Curios or relics'' in 27 CFR 478.11 or remove 
     any item from ATF Publication 5300.11 as it existed on 
     January 1, 1994: Provided further, That none of the funds 
     appropriated herein shall be available to investigate or act 
     upon applications for relief from Federal firearms 
     disabilities under 18 U.S.C. 925(c): Provided further, That 
     such funds shall be available to investigate and act upon 
     applications filed by corporations for relief from Federal 
     firearms disabilities under section 925(c) of title

[[Page H6926]]

     18, United States Code: Provided further, That no funds made 
     available by this or any other Act may be used to transfer 
     the functions, missions, or activities of the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives to other agencies 
     or Departments in fiscal year 2010: Provided further, That, 
     beginning in fiscal year 2010 and thereafter, no funds 
     appropriated under this or any other Act may be used to 
     disclose part or all of the contents of the Firearms Trace 
     System database maintained by the National Trace Center of 
     the Bureau of Alcohol, Tobacco, Firearms and Explosives or 
     any information required to be kept by licensees pursuant to 
     section 923(g) of title 18, United States Code, or required 
     to be reported pursuant to paragraphs (3) and (7) of such 
     section 923(g), except to: (1) a Federal, State, local, or 
     tribal law enforcement agency, or a Federal, State, or local 
     prosecutor; or (2) a foreign law enforcement agency solely in 
     connection with or for use in a criminal investigation or 
     prosecution; or (3) a Federal agency for a national security 
     or intelligence purpose; unless such disclosure of such data 
     to any of the entities described in (1), (2) or (3) of this 
     proviso would compromise the identity of any undercover law 
     enforcement officer or confidential informant, or interfere 
     with any case under investigation; and no person or entity 
     described in (1), (2) or (3) shall knowingly and publicly 
     disclose such data; and all such data shall be immune from 
     legal process, shall not be subject to subpoena or other 
     discovery, shall be inadmissible in evidence, and shall not 
     be used, relied on, or disclosed in any manner, nor shall 
     testimony or other evidence be permitted based on the data, 
     in a civil action in any State (including the District of 
     Columbia) or Federal court or in an administrative proceeding 
     other than a proceeding commenced by the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives to enforce the provisions of 
     chapter 44 of such title, or a review of such an action or 
     proceeding; except that this proviso shall not be construed 
     to prevent: (A) the disclosure of statistical information 
     concerning total production, importation, and exportation by 
     each licensed importer (as defined in section 921(a)(9) of 
     such title) and licensed manufacturer (as defined in section 
     921(a)(10) of such title); (B) the sharing or exchange of 
     such information among and between Federal, State, local, or 
     foreign law enforcement agencies, Federal, State, or local 
     prosecutors, and Federal national security, intelligence, or 
     counterterrorism officials; or (C) the publication of annual 
     statistical reports on products regulated by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives, including total 
     production, importation, and exportation by each licensed 
     importer (as so defined) and licensed manufacturer (as so 
     defined), or statistical aggregate data regarding firearms 
     traffickers and trafficking channels, or firearms misuse, 
     felons, and trafficking investigations: Provided further, 
     That no funds made available by this or any other Act shall 
     be expended to promulgate or implement any rule requiring a 
     physical inventory of any business licensed under section 923 
     of title 18, United States Code: Provided further, That no 
     funds under this Act may be used to electronically retrieve 
     information gathered pursuant to 18 U.S.C. 923(g)(4) by name 
     or any personal identification code: Provided further, That 
     no funds authorized or made available under this or any other 
     Act may be used to deny any application for a license under 
     section 923 of title 18, United States Code, or renewal of 
     such a license due to a lack of business activity, provided 
     that the applicant is otherwise eligible to receive such a 
     license, and is eligible to report business income or to 
     claim an income tax deduction for business expenses under the 
     Internal Revenue Code of 1986.

                         Federal Prison System

                         salaries and expenses

       For necessary expenses of the Federal Prison System for the 
     administration, operation, and maintenance of Federal penal 
     and correctional institutions, including purchase (not to 
     exceed 831, of which 743 are for replacement only) and hire 
     of law enforcement and passenger motor vehicles, and for the 
     provision of technical assistance and advice on corrections 
     related issues to foreign governments, $6,077,231,000: 
     Provided, That the Attorney General may transfer to the 
     Health Resources and Services Administration such amounts as 
     may be necessary for direct expenditures by that 
     Administration for medical relief for inmates of Federal 
     penal and correctional institutions: Provided further, That 
     the Director of the Federal Prison System, where necessary, 
     may enter into contracts with a fiscal agent or fiscal 
     intermediary claims processor to determine the amounts 
     payable to persons who, on behalf of the Federal Prison 
     System, furnish health services to individuals committed to 
     the custody of the Federal Prison System: Provided further, 
     That not to exceed $6,000 shall be available for official 
     reception and representation expenses: Provided further, That 
     not to exceed $50,000,000 shall remain available for 
     necessary operations until September 30, 2011: Provided 
     further, That, of the amounts provided for contract 
     confinement, not to exceed $20,000,000 shall remain available 
     until expended to make payments in advance for grants, 
     contracts and reimbursable agreements, and other expenses 
     authorized by section 501(c) of the Refugee Education 
     Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and 
     security in the United States of Cuban and Haitian entrants: 
     Provided further, That the Director of the Federal Prison 
     System may accept donated property and services relating to 
     the operation of the prison card program from a not-for-
     profit entity which has operated such program in the past 
     notwithstanding the fact that such not-for-profit entity 
     furnishes services under contracts to the Federal Prison 
     System relating to the operation of pre-release services, 
     halfway houses, or other custodial facilities.


            Amendment No. 25 Offered by Mr. Roe of Tennessee

  Mr. ROE of Tennessee. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

  Amendment No. 25 offered by Mr. Roe of Tennessee:
       Page 38, line 13, after the dollar amount, insert 
     ``(reduced by $97,400,000)''.

  The Acting CHAIR. Pursuant to House Resolution 552, the gentleman 
from Tennessee (Mr. Roe) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. ROE of Tennessee. I yield myself 2\1/2\ minutes.
  Mr. Chairman, I believe the level of spending in this bill is 
irresponsible in light of our deficits, but I also know my view is in 
the minority. This is about priorities and it is about morals.
  This year, we are going to pass $1.8 trillion in new debt on to our 
children's generation. I would argue that passing this level of debt on 
to our next generation is immoral. So far, there has been not one iota 
of interest in setting priorities from the majority. Instead, they've 
chosen to fund everything generously and call that priority setting. 
That's their prerogative. They won the election, and they are entitled 
to run our Nation's credit card well past its limit to never-before-
seen levels.
  When it comes to spending in budgets, it is clear from debates that 
there is no interest in adopting Republican ideas by my friends on the 
other side of the aisle, so I went to a source you might not think a 
Republican would look at: President Obama's budget.
  The President has requested nearly $6 billion for the Federal prison 
system. The Democratic Congress has increased that by $97.4 million.
  We are trying to support the President and show a little bit of 
fiscal restraint by adopting the President's budgeted level. In 
percentage terms, this means we are growing at 6.8 percent instead of 
8.6 percent. If it passes, the amendment's impact will not be huge, but 
it sends a message, however small, that this Congress is not completely 
tone deaf to the concerns about the deficit of runaway spending.
  It is important to note this is not a vote on whether to cut the 
program. It is a vote on whether to provide the program the President's 
proposed increase or to provide it the Democratic leadership's proposed 
increase.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from West Virginia is recognized for 
5 minutes.
  Mr. MOLLOHAN. Mr. Chairman, I rise in strong opposition to this 
amendment.
  Indeed, this would be a huge impact on the Bureau of Prisons. There 
is not an agency in this bill that is in greater need of additional 
salaries and expenses money. This amendment would eliminate $97.4 
million, the increase for the Bureau of Prisons' salaries and expenses 
account that the committee provided above the budget request.
  The amount of the increase was not pulled out of thin air. It was 
precisely calculated based on an in-depth analysis by the Appropriation 
Committee's surveys and investigations staff to be the minimum amount 
necessary to restore BOP's base budget, which has been progressively 
hollowed out in recent years by inadequate budget requests.

                              {time}  1600

  Without this $97.4 million, the Bureau of Prisons will be unable to 
hire additional correctional officers, which it desperately needs, and 
will likely be unable to activate two newly constructed prisons. The 
BOP simply cannot sustain another year without additional prison 
capacity and staffing. The Bureau of Prisons prisoner population is 
currently 37 percent above the rated capacity for BOP facilities, and 
the prisoner-to-staff ratio is an appalling

[[Page H6927]]

4.9 to 1. A ratio of 3.2 to 1 is the average for the States, which is 
far better than the average that the Bureau of Prisons used to 
approach.
  Not only does inadequate investment in Federal prisons result in 
unsafe working conditions for prison staff, as we have seen from 
attacks and even fatalities in our prison system, it also makes it 
impossible to do the kind of reentry programming necessary to reduce 
recidivism. The result is more crime in our communities and a higher 
long-term cost to the taxpayer of future incarceration.
  I am really not exaggerating, Mr. Chairman, when I say that there is 
no other agency in the bill for which I am more confident about the 
need for additional resources. I urge our Members in as strong as 
possible terms to reject this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. ROE of Tennessee. Mr. Chairman, I yield myself 1 minute.
  I certainly understand the budget constraints. I've been a mayor, had 
a jail system under my supervision, and I also know that around this 
Nation there are cities and States that are dealing with budget 
deficits never before seen, and here is the only place in the world I 
have ever seen where we raise it almost 9 percent and then give the 
President exactly what he wanted and call that a draconian cut. It is 
not.
  We should show some fiscal restraint here in the House as an example 
to the people around this country, families and cities and 
municipalities and States, that are working hard to balance their 
budget. In my own hometown they're doing that by making real cuts, not 
making huge increases and reducing it somewhat. This is a very minimal 
cut, and not a cut actually but a reduction, and exactly what the 
President of the United States asked for.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MOLLOHAN. Mr. Chairman, I urge opposition to the amendment, and I 
yield back the balance of my time.
  Mr. ROE of Tennessee. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Tennessee (Mr. Roe).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. ROE of Tennessee. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Tennessee will be 
postponed.
  Mr. WOLF. Mr. Chairman, I move to strike the requisite number of 
words.
  The CHAIR. The gentleman from Virginia is recognized for 5 minutes.
  Mr. WOLF. I yield to the gentleman from Iowa (Mr. King).
  Mr. KING of Iowa. I thank the gentleman from Virginia for yielding 
time to me in this debate. And, Mr. Chairman, there's a lot more time 
that should be yielded for this debate, and it should have been yielded 
within the original agreement that came from the Rules Committee.
  This appropriations bill didn't come to this floor under an open 
rule, which has been the deep and long-standing tradition of the House 
of Representatives. It came to the floor under a structured open rule 
and under the request that said print your amendments into the Record 
and then there will be 5 minutes debate on each side, and we'll go down 
through all of those.
  Now, anybody would have known that all the amendments that were 
printed in the Record would not have been offered. But I will also 
submit this, and it hasn't been said here, I don't believe, Mr. 
Chairman, that these amendments that were printed into the Record laid 
out the entire amendment strategy of the minority party. And the 
majority party then took their leisure to thumb down through the 
amendments and decided that they didn't want to have debate on a good 
number of them, which brings us to this point.
  When the chairman of the Appropriations Committee earlier mentioned 
some 20 times that this Congress has deviated from an open rule on 
appropriations, it was unclear to me whether the chairman actually 
included unanimous consent agreements, which have been a fairly 
consistent component of the open rule process. Not a structured rule, 
not something that was rigid and devised in the beginning, at least not 
something that was unnegotiated, as this was, but a unanimous consent 
agreement that allows any Member to object. That isn't the case that we 
are dealing with here.
  So I am trying to track the logic of what amendments were approved 
and which ones weren't approved. And I will tell you there is no logic 
in this minority party except in the idea that we have to go up in that 
little room up there in the Rules Committee and sit down for 3 hours 
and wait for an opportunity to ask that stacked Rules Committee for an 
opportunity just to offer an amendment here on the floor of the House 
of Representatives. There's no way you can go home and say to your 
constituents, I'd have liked to have done a good job representing you, 
but I didn't have an opportunity even to offer an amendment, let alone 
perfect something and get a legitimate debate or a vote.
  So I analyzed these 124 remaining amendments after this fiasco last 
night that lasted into this morning and came up with some of these 
statistical data, which is interesting, I think, to this Congress: Out 
of these 124 amendments, 20 of 23 were about money approved by the 
Rules Committee. So that would tell me that Democrats don't mind voting 
for more spending. That's a clear conclusion that one can draw because 
of the 94 amendments that were rejected by the Rules Committee, none of 
them can be characterized as spending amendments exclusively; they're 
policy amendments.
  And in that includes amendments that would have blocked Federal 
funding for ACORN, an organization that has all the appearances of a 
criminal enterprise, that has admitted to producing over 400,000 
fraudulent voter registrations, that has been involved in intimidating 
lenders, and now seem to be under the employment of the White House for 
the United States Census. And we can't get a debate on this and can't 
get a vote on an amendment like that? And we can't have a discussion in 
this Congress about the intelligence impasse that has been created 
because of the allegations against the CIA made by the Speaker of the 
House? And we are supposed to operate a government with these huge 
policy issues that hang in front of us and do a specious debate on 
spending in which everything that's offered by the minority party that 
reduces the spending is going to be voted down by the majority party. 
Because why? They said let's have a debate on that. They're eager to 
vote for more spending. And this bill, which increases funding under 
these titles from last year by $12 billion, an expansive growth of 
government, and now shutting down the debate here in the House of 
Representatives.
  If we move on from this appropriations process without a rule that 
allows for debate, and we're going to accept the argument that comes 
from the chairman of the Appropriations Committee that this has 
happened before, I can guarantee you, Mr. Chairman, this is going to 
happen again and again and again and no Member can ask again. If they 
don't stand up and defend themselves now, it will be less reason the 
next time and less reason the next time, and we're settled into a mode 
where the committee that would rule will be the one, I think, which is 
directed from above, with no cameras in the room, seldom even a 
reporter in the room, but Members of Congress sitting there in little 
chairs waiting for their chance to say, Oh, please, could I just offer 
my amendment here on the floor of the House of Representatives?
  You can't run a government that way. It's not consistent with our 
constitutional Republic. It would cause indigestion with all of our 
Founding Fathers to see what's going on here in this Congress today. 
It's got to stop, and we have got to get back to a regular order that 
allows for open rules and legitimate debate. And we can face this 
debate, win or lose. Let's do it the right way, Mr. Chairman.
  I again thank the gentleman from Virginia for yielding.
  The CHAIR. The Clerk will read.
  The Clerk read, as follows:

                        buildings and facilities

       For planning, acquisition of sites and construction of new 
     facilities; purchase and acquisition of facilities and 
     remodeling, and equipping of such facilities for penal and 
     correctional use, including all necessary expenses incident 
     thereto, by contract or force

[[Page H6928]]

     account; and constructing, remodeling, and equipping 
     necessary buildings and facilities at existing penal and 
     correctional institutions, including all necessary expenses 
     incident thereto, by contract or force account, $96,744,000, 
     to remain available until expended, of which not less than 
     $71,358,000 shall be available only for modernization, 
     maintenance and repair, and of which not to exceed 
     $14,000,000 shall be available to construct areas for inmate 
     work programs: Provided, That labor of United States 
     prisoners may be used for work performed under this 
     appropriation.

                federal prison industries, incorporated

       The Federal Prison Industries, Incorporated, is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available, and in accord with 
     the law, and to make such contracts and commitments, without 
     regard to fiscal year limitations as provided by section 9104 
     of title 31, United States Code, as may be necessary in 
     carrying out the program set forth in the budget for the 
     current fiscal year for such corporation, including purchase 
     (not to exceed five for replacement only) and hire of 
     passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

       Not to exceed $2,700,000 of the funds of the Federal Prison 
     Industries, Incorporated shall be available for its 
     administrative expenses, and for services as authorized by 
     section 3109 of title 5, United States Code, to be computed 
     on an accrual basis to be determined in accordance with the 
     corporation's current prescribed accounting system, and such 
     amounts shall be exclusive of depreciation, payment of 
     claims, and expenditures which such accounting system 
     requires to be capitalized or charged to cost of commodities 
     acquired or produced, including selling and shipping 
     expenses, and expenses in connection with acquisition, 
     construction, operation, maintenance, improvement, 
     protection, or disposition of facilities and other property 
     belonging to the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

       For grants, contracts, cooperative agreements, and other 
     assistance for the prevention and prosecution of violence 
     against women, as authorized by the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968 
     Act''); the Violent Crime Control and Law Enforcement Act of 
     1994 (Public Law 103-322) (``the 1994 Act''); the Victims of 
     Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
     Act''); the Prosecutorial Remedies and Other Tools to end the 
     Exploitation of Children Today Act of 2003 (Public Law 108-
     21); the Juvenile Justice and Delinquency Prevention Act of 
     1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims 
     of Trafficking and Violence Protection Act of 2000 (Public 
     Law 106-386) (``the 2000 Act''); and the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     (Public Law 109-162) (``the 2005 Act''); and for related 
     victims services, $400,000,000, to remain available until 
     expended: Provided, That except as otherwise provided by law, 
     not to exceed 3 percent of funds made available under this 
     heading may be used for expenses related to evaluation, 
     training, and technical assistance: Provided further, That of 
     the amount provided
       (1) $200,000,000 for grants to combat violence against 
     women, as authorized by part T of the 1968 Act, of which--
       (A) $18,000,000 shall be for transitional housing 
     assistance grants for victims of domestic violence, stalking 
     or sexual assault as authorized by section 40299 of the 1994 
     Act; and
       (B) $3,000,000 shall be for the National Institute of 
     Justice for research and evaluation of violence against women 
     and related issues addressed by grant programs of the Office 
     on Violence Against Women;
       (2) $60,000,000 for grants to encourage arrest policies as 
     authorized by part U of the 1968 Act;
       (3) $13,000,000 for sexual assault victims assistance, as 
     authorized by section 41601 of the 1994 Act;
       (4) $41,000,000 for rural domestic violence and child abuse 
     enforcement assistance grants, as authorized by section 40295 
     of the 1994 Act;
       (5) $9,500,000 for grants to reduce violent crimes against 
     women on campus, as authorized by section 304 of the 2005 
     Act;
       (6) $37,000,000 for legal assistance for victims, as 
     authorized by section 1201 of the 2000 Act;
       (7) $4,250,000 for enhanced training and services to end 
     violence against and abuse of women in later life, as 
     authorized by section 40802 of the 1994 Act;
       (8) $14,000,000 for the safe havens for children program, 
     as authorized by section 1301 of the 2000 Act;
       (9) $6,750,000 for education and training to end violence 
     against and abuse of women with disabilities, as authorized 
     by section 1402 of the 2000 Act;
       (10) $3,000,000 for an engaging men and youth in prevention 
     program, as authorized by section 41305 of the 1994 Act;
       (11) $1,000,000 for tracking of violence against Indian 
     women, as authorized by section 905 of the 2005 Act;
       (12) $3,500,000 for services to advocate and respond to 
     youth, as authorized by section 41201 of the 1994 Act;
       (13) $3,000,000 for grants to assist children and youth 
     exposed to violence, as authorized by section 41303 of the 
     1994 Act;
       (14) $3,000,000 for the court training and improvements 
     program, as authorized by section 41002 of the 1994 Act;
       (15) $1,000,000 for the National Resource Center on 
     Workplace Responses to assist victims of domestic violence, 
     as authorized by section 41501 of the 1994 Act.

                       Office of Justice Programs

                         salaries and expenses

       For necessary expenses, not elsewhere specified in this 
     title, for management and administration of programs within 
     the Office on Violence Against Women, the Office of Justice 
     Programs and the Community Oriented Policing Services Office, 
     $192,388,000, of which not to exceed $15,708,000 shall be 
     available for transfer to the Office on Violence Against 
     Women; of which not to exceed $139,218,000 shall be available 
     for the Office of Justice Programs; and of which not to 
     exceed $37,462,000 shall be available for transfer to the 
     Community Oriented Policing Services Office: Provided, That, 
     notwithstanding section 109 of title I of Public Law 90-351, 
     an additional amount, not to exceed $21,000,000 shall be 
     available for authorized activities of the Office of Audit, 
     Assessment, and Management: Provided further, That the total 
     amount available for management and administration of such 
     programs shall not exceed $213,388,000.


           Amendment No. 31 Offered by Mr. Nadler of New York

  Mr. NADLER of New York. Mr. Chairman, I have an amendment at the desk 
made in order under the rule and preprinted in the Congressional Record 
on June 15.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 31 offered by Mr. Nadler of New York:
       Page 45, line 1, after the dollar amount, insert ``(reduced 
     by $5,000,000)''.
       Page 45, line 4, after the dollar amount, insert ``(reduced 
     by $5,000,000)''.
       Page 45, line 13, after the dollar amount, insert 
     ``(reduced by $5,000,000)''.
       Page 56, line 23, after the dollar amount, insert 
     ``(increased by $5,000,000)''.
       Page 58, line 19, after the dollar amount, insert 
     ``(increased by $5,000,000)''.
       Page 58, line 21, after the dollar amount, insert 
     ``(increased by $5,000,000)''.

  The CHAIR. Pursuant to House Resolution 552, the gentleman from New 
York (Mr. Nadler) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from New York.
  Mr. NADLER of New York. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, I rise in support of my amendment, which I offer with 
Representatives Mike Michaud and Carolyn Maloney. The amendment 
increases by $5 million the funding for the Debbie Smith DNA Backlog 
Grant Program and offsets that by a corresponding decrease in general 
operating expenses in the Office of Justice.
  Unlike eyewitness testimony and other circumstantial evidence, DNA 
evidence provides scientific accuracy and assurance. It has resulted in 
the conviction of countless perpetrators of violent crimes and has 
freed hundreds of innocent people.
  It is incredible that we can identify the guilty and exclude the 
innocent with certainty with just a little biological evidence and a 
scientific test. The problem, of course, is that you actually have to 
collect that biological evidence, do that test, and record that 
information. If you do not, the power of DNA evidence is unrealized.
  Unfortunately, there is a backlog in the hundreds of thousands in the 
analysis of DNA evidence. This backlog includes untested samples from 
convicted offenders and from crime scenes, including rape kits.
  When such a powerful tool as DNA evidence is unused, we must act. For 
years I have worked to reduce the DNA backlog and helped pass 
legislation to do just that. The Debbie Smith DNA Backlog Grant Program 
provides grants to States to collect DNA samples from offenders and 
crime scenes, including rape kits, to analyze those samples and to 
expand DNA laboratory capacity. That money is making a difference, and 
we must ensure that it continues to be available.
  Congress provided $151 million to the Debbie Smith DNA Backlog Grant 
Program for fiscal year 2009 and reauthorized the program at this level 
through fiscal year 2014. Unfortunately, this bill cuts this by $5 
million for the coming fiscal year to $146 million, and my amendment 
would restore it to 151.
  While I understand the budgetary constraints faced by the 
Appropriations Committee, this program must

[[Page H6929]]

not be reduced when these grants mean protecting the lives of millions 
of innocent Americans and reducing the number of sexual assaults and 
rapes.
  I want to thank my amendment cosponsors, Representatives Michaud and 
Maloney, for their help. I urge all Members to support the amendment.
  Mr. MOLLOHAN. Will the gentleman yield?
  Mr. NADLER of New York. I yield to the gentleman.
  Mr. MOLLOHAN. The gentleman is correct. This is an important program, 
and we are inclined to accept his amendment.
  Mr. NADLER of New York. I thank the gentleman.
  Mr. Chairman, I reserve the balance of my time.
  Mr. WOLF. I rise to claim the time in opposition to the amendment 
though I'm not opposed.
  The CHAIR. Without objection, the gentleman from Virginia is 
recognized for 5 minutes.
  There was no objection.
  Mr. WOLF. Mr. Chair, I reserve the balance of my time.
  Mr. NADLER of New York. Mr. Chairman, I now yield 1 minute to the 
gentleman from Maine (Mr. Michaud).
  Mr. MICHAUD. I thank the gentleman for yielding 1 minute.
  The Debbie Smith Act provides State and local agencies funding to 
combat serious crimes such as rape, sexual assault, and murder. I would 
like to thank Congressman Nadler and Congresswoman Maloney for their 
leadership on this very important issue. Our amendment will fully fund 
this valuable program.
  Each untested DNA sample represents a missed chance to keep these 
violent offenders off our streets. In one case in California, a repeat 
sex offender raped a woman. Before the test could be processed by the 
State crime lab, the perpetrator attacked two additional women and a 
child as well. In Maine we have a backlog of over 4,000 samples that 
need to be analyzed. Without additional funding many of our cold cases 
will go unsolved and this backlog will continue.
  I urge my colleagues to support this very important amendment.
  Mr. WOLF. Mr. Chairman, I reserve the balance of my time.
  Mr. NADLER of New York. Mr. Chairman, I now yield 1 minute to the 
distinguished gentlewoman from New York (Mrs. Maloney).

                              {time}  1615

  Mrs. MALONEY. I rise in strong support of the Nadler-Michaud-Maloney 
amendment that would fully fund the Debbie Smith DNA backlog grant 
program. And I applaud all like-minded men who are standing up in 
leadership roles to fund what many have called the most important anti-
rape violence against women prevention bill ever to pass this Congress, 
the Debbie Smith Act. I particularly applaud my colleague from New York 
who has been a gladiator in support of women's issues, a strong 
defender and has worked hard to help us in many ways.
  I applaud Congressman Mollohan for providing $146 million earlier 
this year for the Debbie Smith grant program. I must say that this 
bill, which I authored with Mark Green on the other side of the aisle, 
was truly a bipartisan mission, and it has saved lives. Every single 
unprocessed rape kit represents a victim who has been denied justice 
and a predator who remains at large, free to attack other women. The 
program's funding has been increased by $5 million for fiscal year 
2010.
  It has been an honor working with my good friends to deliver full 
funding for this vital anti-crime, protection-of-women, anti-rape 
legislation. I urge my colleagues to stand with us and support this 
important amendment. I applaud my like-minded male leaders who have 
stood so strong to protect and defend women from violence and one of 
the worst crimes of all--rape.
  Mr. WOLF. I yield back the balance of my time.
  Mr. NADLER of New York. I yield myself the balance of my time.
  Mr. Chairman, in closing I want to thank Chairman Mollohan for 
accepting the amendment, I want to thank the gentleman from Virginia 
for not opposing it, and I want to encourage all Members to support 
this important increase in funding so we can reduce the DNA testing 
backlog, we can put guilty people behind bars, we can free innocent 
people, we can prevent future rapes and sexual assaults, and make our 
country safer.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from New York (Mr. Nadler).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mr. BROUN of Georgia. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from New York will be postponed.
  The Clerk will read.
  The Clerk read as follows:

                           justice assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 ``the 1968 Act''; the Juvenile 
     Justice and Delinquency Prevention Act of 1974 ``the 1974 
     Act''; the Missing Children's Assistance Act (42 U.S.C. 5771 
     et seq.); the Prosecutorial Remedies and Other Tools to end 
     the Exploitation of Children Today Act of 2003 (Public Law 
     108-21); the Justice for All Act of 2004 (Public Law 108-
     405); the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162); the Victims 
     of Child Abuse Act of 1990 (Public Law 101-647); the Second 
     Chance Act of 2007 (Public Law 110-199); the Victims of Crime 
     Act of 1984 (Public Law 98-473); the Adam Walsh Child 
     Protection and Safety Act of 2006 (Public Law 109-248); the 
     PROTECT Our Children Act of 2008 (Public Law 110-401); 
     subtitle D of title II of the Homeland Security Act of 2002 
     (Public Law 107-296), which may include research and 
     development; and other programs (including the Statewide 
     Automated Victim Notification Program); $226,000,000, to 
     remain available until expended, of which:
       (1) $60,000,000 is for criminal justice statistics 
     programs, and other activities, as authorized by title I of 
     part C of the 1968 Act, of which $41,000,000 is for the 
     National Crime Victimization Survey; and
       (2) $48,000,000 is for research, development, and 
     evaluation programs, and other activities as authorized by 
     part B of title I of the 1968 Act;
       (3) 12,000,000 is for the Statewide Victim Notification 
     System of the Bureau of Justice Assistance;
       (4) $45,000,000 is for the Regional Information Sharing 
     System, as authorized by part M of title I of the 1968 Act; 
     and
       (5) $61,000,000 is for the Missing Children's Program, as 
     authorized by sections 404(b) and 405(a) of the 1974 Act.

               state and local law enforcement assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968 (``the 1968 Act''); the Justice for All Act of 2004 
     (Public Law 108-405); the Victims of Child Abuse Act of 1990 
     (Public Law 101-647) (``the 1990 Act''); the Trafficking 
     Victims Protection Reauthorization Act of 2005 (Public Law 
     109-164); the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162); the 
     Adam Walsh Child Protection and Safety Act of 2006 (Public 
     Law 109-248); and the Victims of Trafficking and Violence 
     Protection Act of 2000 (Public Law 106-386); the Second 
     Chance Act of 2007 (Public Law 110-199); the Prioritizing 
     Resources and Organization for Intellectual Property Act of 
     2008 (Public Law 110-403); and other programs; 
     $1,312,500,000, to remain available until expended as 
     follows:
       (1) $529,000,000 for the Edward Byrne Memorial Justice 
     Assistance Grant program as authorized by subpart 1 of part E 
     of title I of the 1968 Act, (except that section 1001(c), and 
     the special rules for Puerto Rico under section 505(g), of 
     the 1968 Act, as amended, shall not apply for purposes of 
     this Act), of which $5,000,000 is for use by the National 
     Institute of Justice in assisting units of local government 
     to identify, select, develop, modernize, and purchase new 
     technologies for use by law enforcement, $2,000,000 is for a 
     program to improve State and local law enforcement 
     intelligence capabilities including antiterrorism training 
     and training to ensure that constitutional rights, civil 
     liberties, civil rights, and privacy interests are protected 
     throughout the intelligence process, and $10,000,000 is for 
     activities related to comprehensive criminal justice reform 
     and recidivism reduction efforts by States:
       (2) $300,000,000 for the State Criminal Alien Assistance 
     Program, as authorized by section 241(i)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)(5));
       (3) $30,000,000 for the Southwest Border Prosecutor 
     Initiative to reimburse State, county, parish, tribal, or 
     municipal governments for costs associated with the 
     prosecution of criminal cases declined by local offices of 
     the United States Attorneys;
       (4) $124,000,000 for discretionary grants to improve the 
     functioning of the criminal justice system, to prevent or 
     combat juvenile delinquency, and to assist victims of crime 
     (other than compensation) which shall be used for the 
     projects, and in the amounts specified in the table titled 
     ``Congressionally-designated Items'' in the report of the

[[Page H6930]]

     Committee on Appropriations of the House of Representatives 
     to accompany this Act ;
       (5) $40,000,000 for competitive grants to improve the 
     functioning of the criminal justice system, to prevent or 
     combat juvenile delinquency, and to assist victims of crime 
     (other than compensation);
       (6) $2,000,000 for the purposes described in the Missing 
     Alzheimer's Disease Patient Alert Program (section 240001 of 
     the 1994 Act);
       (7) $10,000,000 for victim services programs for victims of 
     trafficking, as authorized by section 107(b)(2) of Public Law 
     106-386 and for programs authorized under Public Law 109-164;
       (8) $45,000,000 for Drug Courts, as authorized by section 
     1001(25)(A) of title I of the 1968 Act;
       (9) $7,000,000 for a program to monitor prescription drugs 
     and scheduled listed chemical products;
       (10) $15,000,000 for prison rape prevention and prosecution 
     and other programs, as authorized by the Prison Rape 
     Elimination Act of 2003 (Public Law 108-79);
       (11) $30,000,000 for grants for Residential Substance Abuse 
     Treatment for State Prisoners, as authorized by part S of 
     title I of the 1968 Act;
       (12) $5,500,000 for the Capital Litigation Improvement 
     Grant Program, as authorized by section 426 of Public Law 
     108-405, and for grants for wrongful conviction review;
       (13) $12,000,000 for mental health courts and adult and 
     juvenile collaboration program grants, as authorized by parts 
     V and HH of title I of the 1968 Act, and the Mentally Ill 
     Offender Treatment and Crime Reduction Reauthorization and 
     Improvement Act of 2008 (Public Law 110-416);
       (14) $47,000,000 for assistance to Indian tribes, of 
     which--
       (A) $10,000,000 shall be available for grants under section 
     20109 of subtitle A of title II of the 1994 Act;
       (B) $25,000,000 shall be available for the Tribal Courts 
     Initiative; and
       (C) $12,000,000 shall be available for tribal alcohol and 
     substance abuse reduction assistance grants;
       (15) $20,000,000 for economic, high technology and Internet 
     crime prevention grants, as authorized by Section 401 of 
     Public Law 110-403;
       (16) $15,000,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (17) $2,500,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act;
       (18) $3,000,000 for grants to improve the stalking and 
     domestic violence database, as authorized by section 40602 of 
     the 1994 Act;
       (19) $1,000,000 for analysis and research on violence 
     against Indian women, as authorized by section 904 of the 
     2005 Act;
       (20) $3,500,000 for training programs as authorized by 
     section 40152 of the 1994 Act, and for related local 
     domonstration projects;
       (21) $1,000,000 for grants for televised testimony, as 
     authorized by part N of title I of the 1968 Act;
       (22) $15,000,000 for programs to reduce gun crime and gang 
     violence;
       (23) $25,000,000 for the matching grant program for law 
     enforcement armor vests, as authorized by section 2501 of 
     title I of the 1968 Act: Provided, That $1,500,000 is for 
     related research, testing, and evaluation programs;
       (24) $20,000,000 for grants to assist State and tribal 
     governments as authorized by the NICS improvement Amendment 
     Act of 2007 (Public Law 110-180); and
       (25) $10,000,000 for the National Criminal History 
     Improvment program for grants to upgrade criminal records:
     Provided,  That if a unit of local government uses any of the 
     funds made available under this heading to increase the 
     number of law enforcement officers, the unit of local 
     government will achieve a net gain in the number of law 
     enforcement officers who perform non-administrative public 
     sector safety service.

                       weed and seed program fund

       For necessary expenses, including salaries and related 
     expenses of the Office of Weed and Seed Strategies, 
     $15,000,000, to remain available until expended, as 
     authorized by section 103 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968.

                       juvenile justice programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (``the 1974 Act''), the Omnibus Crime 
     Control and Safe Streets Act of 1968 (``the 1968 Act''), the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162), the Missing 
     Children's Assistance Act (42 U.S.C. 5771 et seq.); the 
     Prosecutorial Remedies and Other Tools to end the 
     Exploitation of Children Today Act of 2003 (Public Law 108-
     21); the Victims of Child Abuse Act of 1990 (Public Law 101-
     647); the Adam Walsh Child Protection and Safety Act of 2006 
     (Public Law 109-248); the PROTECT Our Children Act of 2008 
     (Public Law 110-401), and other juvenile justice programs, 
     $385,000,000, to remain available until expended as follows:
       (1) $75,000,000 for programs authorized by section 221 of 
     the 1974 Act, and for training and technical assistance to 
     assist small, non-profit organizations with the Federal 
     grants process;
       (2) $68,000,000 for grants and projects, as authorized by 
     sections 261 and 262 of the 1974 Act which shall be used for 
     the projects, and in the amounts, specified in the table 
     titled ``Congressionally-designated items'' in the report of 
     the Committee on Appropriations of the House of 
     Representatives to accompany this Act;
       (3) $80,000,000 for youth mentoring grants;
       (4) $62,000,000 for delinquency prevention, as authorized 
     by section 505 of the 1974 Act, of which, pursuant to 
     sections 261 and 262 thereof--
       (A) $25,000,000 shall be for the Tribal Youth Program;
       (B) $10,000,000 shall be for a gang education initiative; 
     and
       (C) $25,000,000 shall be for grants of $360,000 to each 
     State and $4,840,000 shall be available for discretionary 
     grants, for programs and activities to enforce State laws 
     prohibiting the sale of alcoholic beverages to minors or the 
     purchase or consumption of alcoholic beverages by minors, for 
     prevention and reduction of consumption of alcoholic 
     beverages by minors, and for technical assistance and 
     training;
       (5) $20,000,000 for programs authorized by the Victims of 
     Child Abuse Act of 1990; and
       (6) $55,000,000 for the Juvenile Accountability Block 
     Grants program as authorized by part R of title I of the 1968 
     Act and Guam shall be considered a State:
       (7) $18,000,000 for Community-based violence prevention 
     initiatives; and--
       (8) $7,000,000 for the Safe Start Program, as authorized by 
     the 1974 Act:  
     Provided, That not more than 10 percent of each amount may be 
     used for research, evaluation, and statistics activities 
     designed to benefit the programs or activities authorized: 
     Provided further, That not more than 2 percent of each amount 
     may be used for training and technical assistance: Provided 
     further, That the previous two provisos shall not apply to 
     grants and projects authorized by sections 261 and 262 of the 
     1974 Act.

                     public safety officer benefits

       For payments and expenses authorized under section 
     1001(a)(4) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 , such sums as are necessary (including 
     amounts for administrative costs, which amounts shall be paid 
     to the ``Salaries and Expenses'' account), to remain 
     available until expended; and $5,000,000 for payments 
     authorized by section 1201(b) of such Act to remain available 
     until expended; and $4,100,000 for educational assistance, as 
     authorized by section 1218 of such Act to remain available 
     until expended.

                  Community Oriented Policing Services

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus 
     Crime Control and Safe Streets Act of 1968 (``the 1968 
     Act''); the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162); subtitle D 
     of title II of the Homeland Security Act of 2002 (Public Law 
     107-296), which may include research and development; and the 
     USA PATRIOT Improvement and Reauthorization Act of 2005 
     (Public Law 109-177); the Second Chance Act of 2007 (Public 
     Law 110-199); the NICS Improvement Amendments Act of 2007 
     (Public Law 110-180); the Adam Walsh Child Protection and 
     Safety Act of 2006 (Public Law 109-248) (the ``Adam Walsh 
     Act''); and the Justice for All Act of 2004 (Public Law 108-
     405), $802,000,000, to remain available until expended: 
     Provided, That any balances made available through prior year 
     deobligations shall only be available in accordance with 
     section 505 of this Act. Of the amount provided (which shall 
     be by transfer, for programs administered by the Office of 
     Justice Programs)--
       (1) $32,000,000 for grants to entities described in section 
     1701 of title I of the 1968 Act, to address public safety and 
     methamphetamine manufacturing, sale, and use in hot spots, 
     and for other anti-methamphetamine-related activities: 
     Provided, That within the amounts appropriated, $17,900,000 
     shall be used for the projects, and in the amounts, specified 
     in the table titled ``Congressionally-designated Items'' in 
     the report of Committee on Appropriations of the House of 
     Representatives to accompany this Act: Provided further That 
     within the amounts appropriated, $10,000,000 shall be 
     transferred to the Drug Enforcement Administration upon 
     enactment of this Act: Provided further, That within the 
     amounts appropriated, $5,000,000 is for anti-methamphetamine-
     related activities in Indian Country;
       (2) $123,000,000 is for a law enforcement technologies and 
     interoperable communications program, and related law 
     enforcement and public safety equipment which shall be used 
     for the projects, and in the amounts, specified in the table 
     titled ``Congressionally-designated items'' in the report of 
     the Committee on Appropriations of the House of 
     Representatives to accompany this Act;
       (3) $100,000,000 for offender re-entry programs, as 
     authorized by the Second Chance Act of 2007 (Public Law 110-
     199), of which $37,000,000 is for grants for adult and 
     juvenile offender state and local re-entry demonstration 
     projects, $15,000,000 is for grants for mentoring and 
     transitional services, $10,000,000 is for re-entry courts, 
     $7,500,000 is for family-based substance abuse treatment, 
     $2,500,000 is for evaluation and improvement of education at 
     prisons, jails, and juvenile facilities, $5,000,000 is for 
     technology careers training demonstration grants, $13,000,000 
     is for offender reentry substance abuse and criminal justice 
     collaboration, and $10,000,000 is for prisoner reentry 
     research;

[[Page H6931]]

       (4) $151,000,000 for DNA related and forensic programs and 
     activities as follows:
       (A) $146,000,000 for a DNA analysis and capacity 
     enhancement program and for other local, state, and Federal 
     forensic activities including the purposes of section 2 of 
     the DNA Analysis Backlog Elimination Act of 2000 (the Debbie 
     Smith DNA Backlog Grant Program); and
       (B) $5,000,000 for the purposes described in the Kirk 
     Bloodsworth Post-Conviction DNA Testing Program (Public Law 
     108-405, section 412);
       (5) $40,000,000 for improving tribal law enforcement, 
     including equipment and training;
       (6) $14,000,000 for Community Policing Development 
     activities;
       (7) $28,000,000 for a national grant program the purpose of 
     which is to assist State and local law enforcement to locate, 
     arrest and prosecute child sexual predators and exploiters, 
     and to enforce sex offender registration laws described in 
     section 1701(b) of the 1968 Act, of which:
       (A) $15,000,000 is for sex offender management assistance 
     as authorized by the Adam Walsh Act and the Violent Crime 
     Control Act of 1994 (Public Law 103-322); and
       (B) $1,000,000 is for the National Sex Offender Public 
     Registry;
       (8) $16,000,000 for expenses authorized by part AA of the 
     1968 Act (Secure our Schools); and
       (9) $298,000,000 for grants under section 1701 of title I 
     of the 1968 Act (42 U.S.C. 3796dd) for the hiring and 
     rehiring of additional career law enforcement officers under 
     part Q of such title nothwithstanding subsection (g) and (i) 
     of such section and notwitstanding 42 U.S.C. 3796dd-3(c).

               General Provisions--department of Justice

       Sec. 201.  In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $75,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses.
       Sec. 202.  None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape: Provided, That 
     should this prohibition be declared unconstitutional by a 
     court of competent jurisdiction, this section shall be null 
     and void.
       Sec. 203.  None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 204.  Nothing in the preceding section shall remove 
     the obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility: Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 203 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 205.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Justice in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, 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 505 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section.
       Sec. 206.  The Attorney General is authorized to extend 
     through September 30, 2011, the Personnel Management 
     Demonstration Project transferred to the Attorney General 
     pursuant to section 1115 of the Homeland Security Act of 
     2002, Public Law 107-296 (6 U.S.C. 533) without limitation on 
     the number of employees or the positions covered.
       Sec. 207.  Notwithstanding any other provision of law, 
     Public Law 102-395 section 102(b) shall extend to the Bureau 
     of Alcohol, Tobacco, Firearms and Explosives in the conduct 
     of undercover investigative operations and shall apply 
     without fiscal year limitation with respect to any undercover 
     investigative operation by the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives that is necessary for the detection 
     and prosecution of crimes against the United States.
       Sec. 208.  None of the funds made available to the 
     Department of Justice in this Act may be used for the purpose 
     of transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 209. (a) None of the funds appropriated by this Act 
     may be used by Federal prisons to purchase cable television 
     services, to rent or purchase videocassettes, videocassette 
     recorders, or other audiovisual or electronic equipment used 
     primarily for recreational purposes.
       (b) The preceding sentence does not preclude the renting, 
     maintenance, or purchase of audiovisual or electronic 
     equipment for inmate training, religious, or educational 
     programs.
       Sec. 210.  None of the funds made available under this 
     title shall be obligated or expended for Sentinel, or for any 
     other major new or enhanced information technology program 
     having total estimated development costs in excess of 
     $100,000,000, unless the Deputy Attorney General and the 
     investment review board certify to the Committees on 
     Appropriations that the information technology program has 
     appropriate program management and contractor oversight 
     mechanisms in place, and that the program is compatible with 
     the enterprise architecture of the Department of Justice.
       Sec. 211.  The notification thresholds and procedures set 
     forth in section 505 of this Act shall apply to deviations 
     from the amounts designated for specific activities in this 
     Act and accompanying statement, and to any use of deobligated 
     balances of funds provided under this title in previous 
     years.
       Sec. 212.  None of the funds appropriated by this Act may 
     be used to plan for, begin, continue, finish, process, or 
     approve a public-private competition under the Office of 
     Management and Budget Circular A-76 or any successor 
     administrative regulation, directive, or policy for work 
     performed by employees of the Bureau of Prisons or of Federal 
     Prison Industries, Incorporated.
       Sec. 213.  Notwithstanding any other provision of law, no 
     funds shall be available for the salary, benefits, or 
     expenses of any United States Attorney assigned dual or 
     additional responsibilities by the Attorney General or his 
     designee that exempt that United States Attorney from the 
     residency requirements of 28 U.S.C. 545.
       Sec. 214.  None of the funds appropriated in this or any 
     other Act shall be obligated for the initiation of a future 
     phase of the Federal Bureau of Investigation's Sentinel 
     program until the Attorney General certifies to the 
     Committees on Appropriations that existing phases currently 
     under contract for development or fielding have completed a 
     majority of the work for that phase under the performance 
     measurement baseline validated by the integrated baseline 
     review conducted in 2008: Provided, That this restriction 
     does not apply to planning and design activities for future 
     phases: Provided further, That the Bureau will notify the 
     Committees on Appropriations of any significant changes to 
     the baseline.
       Sec. 215.  In addition to any amounts that otherwise may be 
     available (or authorized to be made available) by law, with 
     respect to funds appropriated by this Act under the headings 
     for ``Justice Assistance'', ``State and Local Law Enforcement 
     Assistance'', ``Weed and Seed'', ``Juvenile Justice 
     Programs'', and ``Community Oriented Policing Services''--
       (a) Up to three percent of funds made available to the 
     office of Justice Programs for grants or reimbursement may be 
     used to provide training and technical assistance; and
       (b) Up to one percent of funds made available to such 
     Office for formula grants under such headings may be used for 
     research or statistical purposes by the National Institute of 
     Justice or the Bureau of Justice Statistics, pursuant to, 
     respectively, sections 201 and 202, and sections 301 and 302 
     of title I of Public Law 90-351.
       Sec. 216.  The Attorney General may, upon request by a 
     grantee, waive the requirements of paragraph (1) of section 
     2976(g) of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3797w(g)(1)) with respect to funds 
     appropriated in this or any other Act making appropriations 
     for fiscal year 2009 and 2010 for Adult and Juvenile Offender 
     State and Local Reentry Demonstration Projects authorized 
     under part FF of such Act of 1968.
       Sec. 217.  Section 5759 of title 5, United States Code, is 
     amended by striking subsection (e).
       Sec. 218. (a) Subchapter IV of chapter 57 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5761. Foreign language proficiency pay awards for the 
       Federal Bureau of Investigation

       ``The Director of the Federal Bureau of Investigation may, 
     under regulations prescribed by the Director, pay a cash 
     award of up to 10 percent of basic pay to any Bureau employee 
     who maintains proficiency in a language or languages critical 
     to the mission or who uses one or more foreign languages in 
     the performance of official duties.''.
       (b) The analysis for chapter 57 of title 5, United States 
     Code, is amended by adding at the end the following:

``5761. Foreign language proficiency pay awards for the Federal Bureau 
              of Investigation.''.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2010''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of 
     passenger motor vehicles, and services as authorized by 5 
     U.S.C. 3109, not to exceed $2,800 for official reception and 
     representation expenses, and rental of conference rooms in 
     the District of Columbia, $7,154,000.

             National Aeronautics and Space Administration

                                science

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; space

[[Page H6932]]

     flight, spacecraft control, and communications activities; 
     program management; personnel and related costs, including 
     uniforms or allowances therefor, as authorized by 5 U.S.C. 
     5901-5902; travel expenses; purchase and hire of passenger 
     motor vehicles; and purchase, lease, charter, maintenance, 
     and operation of mission and administrative aircraft, 
     $4,496,100,000, of which not to exceed $450,000,000 shall 
     remain available until September 30, 2011.

                              aeronautics

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of aeronautics research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; space flight, spacecraft 
     control, and communications activities; program management; 
     personnel and related costs, including uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; travel 
     expenses; purchase and hire of passenger motor vehicles; and 
     purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $501,000,000, of which 
     not to exceed $50,000,000 shall remain available until 
     September 30, 2011.

                              exploration

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of exploration research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; space flight, spacecraft 
     control, and communications activities; program management, 
     personnel and related costs, including uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; travel 
     expenses; purchase and hire of passenger motor vehicles; and 
     purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $3,293,200,000, of which 
     not to exceed $330,000,000 shall remain available until 
     September 30, 2011.

                            space operations

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space operations research and 
     development activities, including research, development, 
     operations, support and services; space flight, spacecraft 
     control and communications activities including operations, 
     production, and services; maintenance; program management; 
     personnel and related costs, including uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; travel 
     expenses; purchase and hire of passenger motor vehicles; and 
     purchase, lease, charter, maintenance and operation of 
     mission and administrative aircraft, $6,097,300,000, of which 
     not to exceed $610,000,000 shall remain available until 
     September 30, 2011: Provided, That of the amounts provided 
     under this heading, $3,157,100,000 shall be for Space Shuttle 
     operations, production, research, development, and support, 
     $2,267,000,000 shall be for International Space Station 
     operations, production, research, development, and support, 
     and $496,500,000 shall be for Space and Flight Support.

                               education

       For necessary expenses, not otherwise provided for, in 
     carrying out aerospace and aeronautical education research 
     and development activities, including research, development, 
     operations, support, and services; program management; 
     personnel and related costs, uniforms or allowances therefor, 
     as authorized by 5 U.S.C. 5901-5902; travel expenses; 
     purchase and hire of passenger motor vehicles; and purchase, 
     lease, charter, maintenance, and operation of mission and 
     administrative aircraft, $175,000,000, to remain available 
     until September 30, 2011.

                          cross agency support

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics, exploration, 
     space operations and education research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; space flight, spacecraft 
     control, and communications activities; program management; 
     personnel and related costs, including uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; travel 
     expenses; purchase and hire of passenger motor vehicles; not 
     to exceed $70,000 for official reception and representation 
     expenses; and purchase, lease, charter, maintenance, and 
     operation of mission and administrative aircraft, 
     $3,164,000,000: Provided, That $2,182,900,000 shall be 
     available for center management and operations: Provided 
     further, That notwithstanding 42 U.S.C. 2459j, proceeds from 
     enhanced use leases that may be made available for obligation 
     for fiscal year 2010 shall not exceed $0: Provided further, 
     That each annual budget request shall include an annual 
     estimate of gross receipts and collections and proposed use 
     of all funds collected pursuant to 42 U.S.C. 2459j: Provided 
     further, That not less than $50,000,000 shall be available 
     for independent verification and validation activities: 
     Provided further, That within the amounts appropriated 
     $15,700,000 shall be used for the projects, and in the 
     amounts, specified in the table titled ``Congressionally-
     designated Items'' in the report of the Committee on 
     Appropriations of the House of Representatives to accompany 
     this Act.

       construction and environmental compliance and remediation

       For necessary expenses for construction of facilities 
     including repair, rehabilitation, revitalization, and 
     modification of facilities, construction of new facilities 
     and additions to existing facilities, facility planning and 
     design, and restoration, and acquisition or condemnation of 
     real property, as authorized by law, and environmental 
     compliance and restoration, $441,700,000, to remain available 
     until September 30, 2015: Provided, That within the funds 
     provided, $12,600,000 shall be available to support science 
     research and development activities; $69,900,000 shall be 
     available to support exploration research and development 
     activities; $26,800,000 shall be available to support space 
     operations research and development activities; and 
     $332,400,000 shall be available for cross agency support 
     activities.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $35,000,000.

                       administrative provisions

       Funds for announced prizes otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn.
       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the National Aeronautics and 
     Space Administration in this Act may be transferred between 
     such appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers. Any transfer pursuant 
     to this provision shall be treated as a reprogramming of 
     funds under section 505 of this Act and shall not be 
     available for obligation except in compliance with the 
     procedures set forth in that section.
       Nothwithstanding any other provision of law, no funds shall 
     be used to implement by Reduction in Force or other 
     involuntary separations (except for cause) by the National 
     Aeronautics and Space Administration prior to September 30, 
     2010.
       The unexpired balances of the Science, Aeronautics, and 
     Exploration account, for activities for which funds are 
     provided under this Act, may be transferred to the new 
     accounts established in this Act that provide such activity. 
     Balances so transferred shall be merged with the funds in the 
     newly established accounts, but shall be available under the 
     same terms, conditions and period of time as previously 
     appropriated.

                      National Science Foundation

                    research and related activities

       For necessary expenses in carrying out the National Science 
     Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and 
     the Act to establish a National Medal of Science (42 U.S.C. 
     1880-1881); services as authorized by 5 U.S.C. 3109; 
     maintenance and operation of aircraft and purchase of flight 
     services for research support; acquisition of aircraft; and 
     authorized travel; $5,642,110,000, to remain available until 
     September 30, 2011, of which not to exceed $570,000,000 shall 
     remain available until expended for polar research and 
     operations support, and for reimbursement to other Federal 
     agencies for operational and science support and logistical 
     and other related activities for the United States Antarctic 
     program: Provided, That from funds specified in the fiscal 
     year 2010 budget request for icebreaking services, up to 
     $54,000,000 shall be available for the procurement of polar 
     icebreaking services: Provided further, That the National 
     Science Foundation shall only reimburse the Coast Guard for 
     such sums as are agreed to according to the existing 
     memorandum of agreement: Provided further, That receipts for 
     scientific support services and materials furnished by the 
     National Research Centers and other National Science 
     Foundation supported research facilities may be credited to 
     this appropriation: Provided further, That not less than 
     $147,120,000 shall be available for activities authorized by 
     section 7002(b)(2)(A)(iv) of Public Law 110-69.

          major research equipment and facilities construction

       For necessary expenses for the acquisition, construction, 
     commissioning, and upgrading of major research equipment, 
     facilities, and other such capital assets pursuant to the 
     National Science Foundation Act of 1950, as amended (42 
     U.S.C. 1861-1875), including authorized travel, $114,290,000, 
     to remain available until expended: Provided, That none of 
     the funds may be used to reimburse the Judgment fund.

                     education and human resources

       For necessary expenses in carrying out science, mathematics 
     and engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950, as amended (42 U.S.C. 1861-1875), including services as 
     authorized by 5 U.S.C. 3109, authorized travel, and rental of 
     conference rooms in the District of Columbia, $862,900,000, 
     to remain available until September 30, 2011: Provided 
     further, That not less than $65,000,000 shall be available 
     until expended for activities authorized by section 7030 of 
     Public Law 110-69.


     Amendment No. 35 Offered by Ms. Eddie Bernice Johnson of Texas

  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chair, I have an amendment at 
the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 35 offered by Ms. Eddie Bernice Johnson of 
     Texas:
       Page 75, line 7, insert ``: Provided further, That not less 
     than $32,000,000 shall be available until expended for the 
     Historically

[[Page H6933]]

     Black Colleges and Universities Undergraduate Program'' 
     before the period.

  The CHAIR. Pursuant to House Resolution 552, the gentlewoman from 
Texas (Ms. Eddie Bernice Johnson) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Texas.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, the amendment is to 
the section of the bill pertaining to the National Science Foundation. 
Education activities at the National Science Foundation are 
appropriated at more than $862 million. My amendment simply states that 
of the amounts appropriated for National Science Foundation education 
activities, $32 million shall be used for the Historically Black 
Colleges and Universities undergraduate program. The Congressional 
Budget Office has advised that the amendment will not affect the 
overall spending in this bill. The funding amount is equal to a modest 
1.6 percent increase from last year's funding. It has been recommended 
by the administration and by the National Science Foundation.
  I, along with my colleagues on the Congressional Black Caucus 
Education Task Force, believe that educational opportunities are a key 
for our national prosperity. ``Give a man a fish, you feed him for 
today. Teach a man to fish, and you have fed him for a lifetime.''
  Support for the Historically Black Colleges and Universities 
undergraduate program is an investment in our human capital. This 
competitive grant program awards funds for curriculum enhancement, 
faculty development, undergraduate research, and institutional 
collaborations. Funds are used to encourage undergraduate students to 
pursue careers in science, technology, engineering and math--also 
called STEM fields.
  Grants may also be used for initiatives to provide educational 
opportunities to develop well-educated math and science teachers. The 
funding level specified in my amendment will provide for an estimated 
two to four new teacher development projects. Highly qualified teachers 
have a firm grasp on the subject matter. They are able to capture their 
students' imaginations and get them excited about science. They 
demonstrate to the student that creative inquiry and rigorous 
investigation are the true heart of science. They stimulate, invigorate 
and inform their students of the value and accessibility of a career in 
STEM.
  There is a shortage of math and science teacher-experts, especially 
in high-need school districts. Data by Dr. Michael Marder at the 
University of Texas has shown that African American students fall 
behind in math test performance, beginning in the fifth grade. Experts 
have testified before the Commerce-Science-Justice Subcommittee on this 
issue, and I am pleased to see report language in support of the 
greater outreach to students at the primary and middle school levels. 
I'm also pleased to see experienced-based science funding get more 
attention and support. Young, smart minority students represent a huge 
untapped resource for our domestic STEM workforce. In the United 
States, 39 percent of the people under age 18 are persons of color, and 
this percentage will continue to increase. There are great disparities 
that exist. Our top-tier scientific workforce suffers from a great lack 
of diversity.
  For example, of all the employed Ph.D. engineers in this country, 
nearly 63 percent of them are Anglo, almost 3 percent are Hispanic, a 
pitiful 2 percent are African American, and less than 1 percent are 
Native American. These alarming statistics indicate that the current 
efforts are not enough. African American students drop off at every 
juncture in the STEM career pipeline, and we must do more to mitigate 
this loss.
  The National Academy of Sciences is working to produce a report this 
fall which will provide policy recommendations on how to promote 
greater diversity in the STEM workforce. This report will discuss the 
barriers that minorities face in the STEM career pipeline, and it will 
provide suggestions on how to repair the leaks in that pipeline. The 
report is of great interest to me and to my 65 colleagues on the 
bipartisan House Diversity and Innovative Caucus.
  We have sent letters to the Budget Committee, the Appropriations 
Committee and to the Office of Science and Technology Policy this year 
to try to get more attention on the issue on diversity. We are gaining 
momentum. We cannot ignore the fact that great disparities in STEM 
education and career achievement still persist.
  The good news is that Historically Black Colleges and Universities 
are powerhouses when it comes to producing talented, well-educated 
science and math Ph.D. graduates. In 2006, 866 doctoral degrees in 
science and engineering were awarded to black students. One-third of 
those Ph.D.s were awarded at a Historically Black College or 
University.

                              {time}  1630

  As you can see, these institutions provide a relatively large portion 
of our terminal-degreed, minority STEM workforce. This educational 
model shall be rewarded with strong and sustained support.
  About a year ago, I started the House Historically Black Colleges and 
Universities Caucus because I believe that these institutions deserve 
more attention for the good work that they do, and I'm not a graduate 
of any of them. That is why I am proud to offer this amendment.
  I offer my voice on behalf of the 12.6 million black children in the 
United States. May each and every one of them experience educational 
excellence and the real promise of a bright future. An investment in 
STEM education is an investment in our future competitors. I thank the 
gentleman.
  Mr. MOLLOHAN. Will the gentlelady yield?
  Ms. EDDIE BERNICE JOHNSON of Texas. I yield.
  Mr. MOLLOHAN. I thank the gentlelady for her leadership in this area 
with this amendment, and Mr. Chairman, we are inclined to accept the 
amendment.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Eddie Bernice Johnson).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mr. CULBERSON. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentlewoman from Texas will be postponed.


                       Announcement by the Chair

  The CHAIR. Pursuant to clause 6 of rule XVIII, proceedings will now 
resume on those amendments printed in the Congressional Record on which 
further proceedings were postponed, in the following order:
  Amendment No. 19 by Ms. Bordallo of Guam.
  Amendment No. 3 by Ms. Moore of Wisconsin.
  Amendment No. 41 by Mr. Boswell of Iowa.
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.


                Amendment No. 19 Offered by Ms. Bordallo

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentlewoman from Guam (Ms. Bordallo) on 
which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 411, 
noes 14, not voting 14, as follows:

                             [Roll No. 353]

                               AYES--411

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Altmire
     Andrews
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine

[[Page H6934]]


     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Cardoza
     Carnahan
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--14

     Arcuri
     Bean
     Bishop (NY)
     Carney
     Connolly (VA)
     Foster
     Frank (MA)
     Hodes
     Jenkins
     Markey (CO)
     Perlmutter
     Price (GA)
     Schauer
     Walz

                             NOT VOTING--14

     Adler (NJ)
     Alexander
     Bachmann
     Capuano
     Cummings
     Davis (TN)
     Edwards (TX)
     Giffords
     Harman
     Kennedy
     Larson (CT)
     Lewis (GA)
     Sanchez, Linda T.
     Sullivan

                              {time}  1657

  Messrs. FRANK of Massachusetts, WALZ, and Ms. MARKEY of Colorado 
changed their vote from ``aye'' to ``no.''
  Messrs. KING of Iowa, ISRAEL, BARTON of Texas, TIM MURPHY of 
Pennsylvania, BROUN of Georgia, GARY G. MILLER of California and Ms. 
GRANGER changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


           Amendment No. 3 Offered by Ms. Moore of Wisconsin

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentlewoman from Wisconsin (Ms. Moore) 
on which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 425, 
noes 4, not voting 10, as follows:

                             [Roll No. 354]

                               AYES--425

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)

[[Page H6935]]


     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--4

     Baird
     Barton (TX)
     Cole
     King (IA)

                             NOT VOTING--10

     Adler (NJ)
     Alexander
     Bachmann
     Harman
     Honda
     Kennedy
     Larson (CT)
     Lewis (GA)
     Sanchez, Linda T.
     Sullivan


                       Announcement by the Chair

  The CHAIR (during the vote). Two minutes remain in this vote.

                              {time}  1705

  Mr. COLE changed his vote from ``aye'' to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                Amendment No. 41 Offered by Mr. Boswell

  The CHAIR. The unfinished business is the demand for a recorded vote 
on amendment No. 41 offered by the gentleman from Iowa (Mr. Boswell) on 
which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 422, 
noes 2, not voting 15, as follows:

                             [Roll No. 355]

                               AYES--422

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NOES--2

     Barton (TX)
       
     Jenkins
       

                             NOT VOTING--15

     Adler (NJ)
     Alexander
     Bachmann
     Harman
     Kennedy
     Larson (CT)
     Lewis (GA)
     Murphy (CT)
     Neugebauer
     Paul
     Sanchez, Linda T.
     Schrader
     Shuster
     Sullivan
     Young (AK)


                    Announcement by the Acting Chair

  The Acting CHAIR (Mr. Crowley) (during the vote).
  Two minutes remain in this vote.

                              {time}  1712

  Mr. BURGESS changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.

                          ____________________