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Commerce, Justice, Science, And Related Agencies Appropriations Act, 2010

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,

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,

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:

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.

Del. Madeleine Z. Bordallo

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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.

Del. Madeleine Z. Bordallo

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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.

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.

Rep. Frank R. Wolf

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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.

Rep. Frank R. Wolf

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I have no objection, and I just yield back the balance of the time.

Rep. Alan B. Mollohan

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Will the gentlelady yield for purposes of accepting the amendment?

Del. Madeleine Z. Bordallo

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Yes.

Rep. Alan B. Mollohan

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Mr. Chairman, we have no objection to the amendment, and we accept the amendment.

Del. Madeleine Z. Bordallo

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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.

Rep. Frank R. Wolf

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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.

Rep. Frank R. Wolf

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Mr. Chairman, I strike the requisite number of words.

The Acting CHAIR. The gentleman is recognized for 5 minutes.

Rep. Frank R. Wolf

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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.

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.

Rep. David R. Obey

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Mr. Chairman, I move to strike the last word.

The Acting CHAIR. The gentleman from Wisconsin is recognized for 5 minutes.

Rep. David R. Obey

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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 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.

Rep. Jerry Lewis

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Would the gentleman yield?

Rep. David R. Obey

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Sure.

Rep. Jerry Lewis

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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.

Rep. David R. Obey

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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.

Rep. Gwen Moore

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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

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.

Rep. Gwen Moore

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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.

Rep. Alan B. Mollohan

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I thank the gentlelady, and thank her for her amendment.

Mr. Chairman, we are prepared to accept the amendment.

Rep. Frank R. Wolf

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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.

Rep. Frank R. Wolf

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I yield to the gentleman from Texas, Judge Poe, for 5 minutes.

Rep. Ted Poe

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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.

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.

Rep. Gwen Moore

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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.

Rep. Steve King

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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:

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.

Rep. Leonard L. Boswell

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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.

Rep. Leonard L. Boswell

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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).

Rep. David R. Obey

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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.

Rep. Leonard L. Boswell

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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.

Rep. Frank R. Wolf

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Mr. Chairman, we have no objection to the amendment. We support the amendment.

Rep. Leonard L. Boswell

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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.

Rep. Paul Broun

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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:

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.

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,

Rep. Phil Roe

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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.

Rep. Phil Roe

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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.

Rep. Alan B. Mollohan

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Mr. Chairman, I rise in opposition to the amendment.

The Acting CHAIR. The gentleman from West Virginia is recognized for 5 minutes.

Rep. Alan B. Mollohan

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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.

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 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.

Rep. Phil Roe

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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.

Rep. Alan B. Mollohan

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Mr. Chairman, I urge opposition to the amendment, and I yield back the balance of my time.

Rep. Phil Roe

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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.

Rep. Phil Roe

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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.

Rep. Frank R. Wolf

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Mr. Chairman, I move to strike the requisite number of words.

The CHAIR. The gentleman from Virginia is recognized for 5 minutes.

Rep. Frank R. Wolf

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I yield to the gentleman from Iowa (Mr. King).

Rep. Steve King

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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:

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 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.

Rep. Jerrold Nadler

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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.

Rep. Jerrold Nadler

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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 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.

Rep. Alan B. Mollohan

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Will the gentleman yield?

Rep. Jerrold Nadler

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I yield to the gentleman.

Rep. Alan B. Mollohan

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The gentleman is correct. This is an important program, and we are inclined to accept his amendment.

Rep. Jerrold Nadler

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I thank the gentleman.

Mr. Chairman, I reserve the balance of my time.

Rep. Frank R. Wolf

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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.

Rep. Frank R. Wolf

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Mr. Chair, I reserve the balance of my time.

Rep. Jerrold Nadler

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Mr. Chairman, I now yield 1 minute to the gentleman from Maine (Mr. Michaud).

Rep. Michael H. Michaud

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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.

Rep. Frank R. Wolf

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Mr. Chairman, I reserve the balance of my time.

Rep. Jerrold Nadler

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Mr. Chairman, I now yield 1 minute to the distinguished gentlewoman from New York (Mrs. Maloney).

Rep. Carolyn B. Maloney

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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

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.

Rep. Frank R. Wolf

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I yield back the balance of my time.

Rep. Jerrold Nadler

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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.

Rep. Paul Broun

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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:

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.

Rep. Eddie Bernice Johnson

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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 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.

Rep. Eddie Bernice Johnson

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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

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.

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.

Rep. Alan B. Mollohan

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Will the gentlelady yield?

Rep. Eddie Bernice Johnson

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I yield.

Rep. Alan B. Mollohan

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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.

Rep. John Culberson

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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.

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.

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.

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 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.

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.

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) 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.

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.

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.

The CHAIR. A recorded vote has been demanded.

A recorded vote was ordered.

The CHAIR. This will be a 5-minute vote.

The vote was taken by electronic device, and there were--ayes 422, noes 2, not voting 15, as follows:

[Roll No. 355] AYES--422 Abercrombie Ackerman Aderholt Akin Altmire Andrews Arcuri Austria Baca Bachus Baird Baldwin Barrett (SC) Barrow Bartlett Bean Becerra Berkley Berman Berry Biggert Bilbray Bilirakis Bishop (GA) Bishop (NY) Bishop (UT) Blackburn Blumenauer Blunt Boccieri Boehner Bonner Bono Mack Boozman Bordallo Boren Boswell Boucher Boustany Boyd Brady (PA) Brady (TX) Braley (IA) Bright Broun (GA) Brown (SC) Brown, Corrine Brown-Waite, Ginny Buchanan Burgess Burton (IN) Butterfield Buyer Calvert Camp Campbell Cantor Cao Capito Capps Capuano Cardoza Carnahan Carney Carson (IN) Carter Cassidy Castle Castor (FL) Chaffetz Chandler Childers Christensen Clarke Clay Cleaver Clyburn Coble Coffman (CO) Cohen Cole Conaway Connolly (VA) Conyers Cooper Costa Costello Courtney Crenshaw Crowley Cuellar Culberson Cummings Dahlkemper Davis (AL) Davis (CA) Davis (IL) Davis (KY) Davis (TN) Deal (GA) DeFazio DeGette Delahunt DeLauro Dent Diaz-Balart, L. Diaz-Balart, M. Dicks Dingell Doggett Donnelly (IN) Doyle Dreier Driehaus Duncan Edwards (MD) Edwards (TX) Ehlers Ellison Ellsworth Emerson Engel Eshoo Etheridge Faleomavaega Fallin Farr Fattah Filner Flake Fleming Forbes Fortenberry Foster Foxx Frank (MA) Franks (AZ) Frelinghuysen Fudge Gallegly Garrett (NJ) Gerlach Giffords Gingrey (GA) Gohmert Gonzalez Goodlatte Gordon (TN) Granger Graves Grayson Green, Al Green, Gene Griffith Grijalva Guthrie Gutierrez Hall (NY) Hall (TX) Halvorson Hare Harper Hastings (FL) Hastings (WA) Heinrich Heller Hensarling Herger Herseth Sandlin Higgins Hill Himes Hinchey Hinojosa Hirono Hodes Hoekstra Holden Holt Honda Hoyer Hunter Inglis Inslee Israel Issa Jackson (IL) Jackson-Lee (TX) Johnson (GA) Johnson (IL) Johnson, E. B. Johnson, Sam Jones Jordan (OH) Kagen Kanjorski Kaptur Kildee Kilpatrick (MI) Kilroy Kind King (IA) King (NY) Kingston Kirk Kirkpatrick (AZ) Kissell Klein (FL) Kline (MN) Kosmas Kratovil Kucinich Lamborn Lance Langevin Larsen (WA) Latham LaTourette Latta Lee (CA) Lee (NY) Levin Lewis (CA) Linder Lipinski LoBiondo Loebsack Lofgren, Zoe Lowey Lucas Luetkemeyer Lujan Lummis Lungren, Daniel E. Lynch Mack Maffei Maloney Manzullo Marchant Markey (CO) Markey (MA) Marshall Massa Matheson Matsui McCarthy (CA) McCarthy (NY) McCaul McClintock McCollum McCotter McDermott McGovern McHenry McHugh McIntyre McKeon McMahon McMorris Rodgers McNerney Meek (FL) Meeks (NY) Melancon Mica Michaud Miller (FL) Miller (MI) Miller (NC) Miller, Gary Miller, George Minnick Mitchell Mollohan Moore (KS) Moore (WI) Moran (KS) Moran (VA) Murphy (NY) Murphy, Patrick Murphy, Tim Murtha Myrick Nadler (NY) Napolitano Neal (MA) Norton Nunes Nye Oberstar Obey Olson Olver Ortiz Pallone Pascrell Pastor (AZ) Paulsen Payne Pence Perlmutter Perriello Peters Peterson Petri Pierluisi Pingree (ME) Pitts Platts Poe (TX) Polis (CO) Pomeroy Posey Price (GA) Price (NC) Putnam Quigley Radanovich Rahall Rangel Rehberg Reichert Reyes Richardson Rodriguez Roe (TN) Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Rooney Ros-Lehtinen Roskam Ross Rothman (NJ) Roybal-Allard Royce Ruppersberger Rush Ryan (OH) Ryan (WI) Sablan Salazar Sanchez, Loretta Sarbanes Scalise Schakowsky Schauer Schiff Schmidt Schock Schwartz Scott (GA) Scott (VA) Sensenbrenner Serrano Sessions Sestak Shadegg Shea-Porter Sherman Shimkus Shuler Simpson Sires Skelton Slaughter Smith (NE) Smith (NJ) Smith (TX) Smith (WA) Snyder Souder Space Speier Spratt Stark Stearns Stupak Sutton Tanner Tauscher Taylor Teague Terry Thompson (CA) Thompson (MS) Thompson (PA) Thornberry Tiahrt Tiberi Tierney Titus Tonko Towns Tsongas Turner Upton Van Hollen Velazquez Visclosky Walden Walz Wamp Wasserman Schultz Waters Watson Watt Waxman Weiner Welch Westmoreland Wexler Whitfield Wilson (OH) Wilson (SC) Wittman Wolf Woolsey Wu Yarmuth Young (FL) NOES--2 Barton (TX) Jenkins NOT VOTING--15 Adler (NJ) Alexander Bachmann Harman Kennedy Larson (CT) Lewis (GA) Murphy (CT) Neugebauer Paul Sanchez, Linda T. Schrader Shuster Sullivan Young (AK) Announcement by the Acting Chair

The Acting CHAIR (Mr. Crowley) (during the vote).

Two minutes remain in this vote.

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.