H.Amdt. 214House111th Congress (2009-2011)
An amendment numbered 3 printed in the Congressional Record to decrease appropriations for Departmental Management by $4 million and increase appropriations for the Office on Violence Against Women by $4 million.
Sponsored by 
Rep. Gwen Moore (D-WI)
Rep. Gwen Moore (D-WI)Submitted June 18, 2009
Description
Amendment increases funding (by offset) for the Violence Against Women Act Legal Assistance Program by $4 million.
Legislative Activity
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House amendment offered
June 18, 2009
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Floor
House amendment offered
June 18, 2009
Floor
House amendment agreed to: On agreeing to the Moore (WI) amendment (A004) Agreed to by recorded vote: 414 - 0 (Roll no. 390).
June 18, 2009 • 3:33 PM
Floor
Roll call votes on amendments in House
June 18, 2009 • 3:33 PM
Not Used
Amendment agreed to by House: On agreeing to the Moore (WI) amendment (A004) Agreed to by recorded vote: 414 - 0 (Roll no. 390).
June 18, 2009 • 3:33 PM
Not Used
House amendment offered/reported by : Amendment (A004) offered by Ms. Moore (WI).(consideration: CR H7004)
June 18, 2009 • 3:28 PM
Floor
Mr. Westmoreland demanded a separate vote on the Moore (WI) amendment (A004).
June 18, 2009 • 3:28 PM
Floor
Amendment (A004) offered by Ms. Moore (WI). (consideration: CR H7004)
June 18, 2009 • 3:28 PM
Floor
On agreeing to the Moore (WI) amendment (A004) Agreed to by recorded vote: 414 - 0 (Roll no. 390).
June 18, 2009 • 3:33 PM
Floor
Roll call votes on amendments in House
June 17, 2009 • 5:05 PM
Floor
House amendment agreed to: On agreeing to the Moore (WI) amendment (A004) Agreed to by recorded vote: 425 - 4 (Roll no. 354).
June 17, 2009 • 5:05 PM
Not Used
Amendment agreed to Committee of the Whole
June 17, 2009 • 5:05 PM
Not Used
House amendment offered/reported by : Amendment (A004) offered by Ms. Moore (WI).(consideration: CR H6922-6923, H6934-6935; text: H6922)
June 17, 2009 • 3:42 PM
Floor
Amendment (A004) offered by Ms. Moore (WI). (consideration: CR H6922-6923, H6934-6935; text: H6922)
June 17, 2009 • 3:42 PM
Floor
On agreeing to the Moore (WI) amendment (A004) Agreed to by recorded vote: 425 - 4 (Roll no. 354).
June 17, 2009 • 5:05 PM
Votes
2 roll calls on this amendment
Text
Offered
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)
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NOES--2
Barton (TX)
Jenkins
NOT VOTING--15
Adler (NJ)
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Neugebauer
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Sanchez, Linda T.
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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.
____________________